Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-12-10
TWO UNIONS HELD ,
TO BE ILLEGAL
United States Supreme Court Reverses
Lower Court in Giving Legal Stand
ing to United Mine Workers. and
Glass Workers Organizations.

Washington. Dec. 10.-Federal court
DEGREES holding the United Mine
Workers OF America and the American
Flint Glass Workers unions to be
legal organizations under West Vir-
GINA statute and the common law
were reversed today by the supreme
court
Legality Of organization and opera
tons of the United Mine Workers,
comprising 100000 members, was at
tackled in suit of the Hickman Coal
and Coke Company, Of Wheeling, W.
Va 1t sought to permanently enJoin
President John P. White former Pres
ident John Mitchell, former Secretary
William 3. Wilson, now secretary of
labor. and other past and present union
officers and members from unionizing
its coal miners.
+ In another suit, the Eagle Glass and
Manufacturing Company. Of Wellsburg.
W. ". asked permanent injunctions
against President Thomas W. Rowe
and other officers and members Of the
American Flint Glass Workers Union
from soliciting its employees to join
the union.
Freedom OF contract and labor
unions rights peaceabIy to picket"
and persuade workmen to join unions
when such workmen are under specific
contract with their employers not to
join, were the principal questions in
volved. In neither case was there a
strike-solely the question of union
recognition Both cases were argued
in March, 1916, before the supreme
court but it reached no decision and
they were reargued before a full bench
by special order Of the following De-
cember
In both cases, Federal Judge Aston
6. Dayton, Of West Virginia, held the
unions illegal organizations under the
common law and West Virginia stat
| utes. Under the Sherman law he de-
| clared them secret conspiracies in re-
straint Of trade, and issued broad in
functions prohibiting any and all union
solicitation, by "picketing," peaceabie
| argument and persuasion or otherwise
| Of the corporations workmen.
The fourth circuit court Of appeals
overruled Judge Dayton in both cases
1t upheld legality of the unions organ.
ization and activities, and dismissed
| the injunctions and the companies
suits. 1t also declared the Sherman
law inapplicable, holding that only the
government and not private individuals
| might secure injunctions under 1t.
Another ground upon which the cir
cult court overruled Judge Dayton was
for lack of Jurisdiction. 1t held that
| union Officers may not be brought into
court by the service OF summons mere
| ~ upon Individual union members and
| also held them not chargeable, without
| personal knowledge. with responsible
ty for their national officers acts.
Briefly. the EMPLOYERS contentious
| sustained by Judge Dayton and reject
| ed by the circuit court, were that en-
| ployers and employees have contractua.
| freedom guaranteed under the fifth
| clause Of the constitution to mrtuall5
| contract that the workmen shall not
| join a union. Solicitation by unior
| members among such workmen, The
companies insisted. should be enjoine6
as violative of the liberty OF contract
The plaintiffs also contended in tina,
respect, eldl lapoE HAS Ueea oeClueu W
| the supreme court to be property, not
withstanding the Clayton act declara.
| ton that 1t is not to be so considered
| The principal charges against Ia;
mine workers were that their unior
| is secret conspiracy to dominate ant
control coal mining in this country
Union expenditures OF $4,000 900 in ten
years in strikes to that end were al
legged. Working agreements betweer
the union and coal operators Of Ohio
Indiana, Illinois and VIZ stern Pennsyl
vania were referred to, including tn
Chicago agreement Of 1898, providinl
an eight-hour day in the "confsrence'
| mines.