Evening star. [volume] (Washington, D.C.) 1854-1972, 1921-01-11
Editorial Digest
The CLAYTON Act Bites Back.

The Clayton Act Bites Back.
When the United States Supreme
Court decided (six to three) that under
the laws concerning restraint OF
trade" the secondary boycott" OF the
machinists' union on the Duplex Print
ing Press Company was illegal. Mr..
Gompers acted as though the Clayton
act. declaring that labor was not a
commodity which he had nursed from
a pup. had been forced to bite the hand
that fed it. a large section Of the So
called "capitalistic PRESS however. re-
CARDS the Supreme Courts edict as
merely an disqualification Of the fact
both ways" If separate business in
situations cannot join forces to infiu-
ence wages and prices, the majority Of
| newspapers feel. the New York local
cannot exert it's power in conjunction
with the men striking in the Battle
Creek plant.
The three dissenting judges gave as
reason for their refusal to support
the majority opinion that the boy
cott' was simply IAN instance of q
strike of those who have q common
interest to protect themselves" View
| ing the decision in this light. the New
York Globe independently predicts that
1t has laid the foundation for an orgy
of reactionary decisions by the lower
courts"
The Clayton act, under which the
case was tried. provides. to quote tho
New York Tribune (republican), that
labor organization as such shall not
be held an illegal combination or con-
splracy in restraint Of trade" and that
provision does not permit a union to
go beyond it's legal privileges and be-
come a cloak for Illegal combinations
or conspiracies" practicing the very
| trade restraints at which the Clayton
act is aimed. That the secondary boy
colt is, in fact. such a CLOAK" is the
premise on which the decision of the
Supreme Court is based. hence the Wall
Street Journal independently holds,
since the court has decided that the
Clayton law does not legalize crime or
wrong when done in the sacred name
OF labor or by labor union" the sec
ondary boycott becomes ineffective"
and conspiracy remains the common
law crime it always was"
The Buffalo Commercial (independ-
ent) also considers the secondary boy
colt. but another name for conspiracy"
which the Clayton Law did not uphold"
and for which protection could not be
Further. the Commercial believes. the
decision emphasizes again the useless
ness of attempting to make legal
conspiracy in restraint Of trade
The secondary boycott, says the New
York World fdemocrat). lis we'll de-
Oh AUN1 OS luc COOTl Az OClLS lcSS q OOS-
colt than a declaration Of class war;"
and has generally been regarded as "a
vicious and hateful thing" If legalized,
the st. Louis Star independently main
tains, it would introduce industrial an
archy on q national SCALE" since it
regard to the justice or injustice Of the
controversy" Such a practice, in the
opinion of the New York Times (inde-
pendent-democrat) would result in
general class war based on q sentimental
or sympathetic movement and not con-
ployment." which would ultimately mean
that unions would dominate society"
through the power Of the boycott.
Recalling that the tabor clauses" of
the Clayton act were hailed as 'Labor's
bill Of rights" at the time Of their pas
pendent-democraO feels that while the
decision may be viewed as a reversal
Of that declaration, still labor should
realize that its bill of rights is payable
as well as receivable, and that, in a
democracy, the maintenance Of it's rights
is dependent on the recognition of the
rights Of Others
To a number Of papers, however. the
decision has an application beyond trade
union activities especially in view Of
recent disclosures of indirect boycott"
methods pracficed by manufacturers.
Inc 6dltlNlOEc sun {iNOepcnUent~uSIuO-
craft believes that the three dissenting
justices score a hit when they call at
tention" to a possible discrimination.
The New York American tinde-
pendent). also. while it believes THE de-
cision was morally right as to secondary
boycott" questions whether it is right
to make the law rigidly punitive In one
case. and in another decline to enforce
the plain language Of the statute" TO
which, the Syracuse Herald finde-
pendent) holds, the decision sis appaica-
Bile, by plain inference"
According to the New York Call $50
cialist) the decision is zone Of the most
terrific blows that has been sustained
by the conservative policies Of the
American Federation Of Labor" and its
tendency. the New York Evening Post
tindependent) believes lis obviously to
deprive labor unions Of weapon. but q
weapon used in the OPEN" And the
Inevitable human reaction to the de-
cision," the Post fears. may easily be
to drive the unions underground and
render them moro subject to the infiu-
ence Of radical leadership"