Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1921-01-05
Labor Unions Accountable

l4 HE decision OF the United states SUI
lEA preme Court in the suit OF the Duplex
(H3rinting Press Company, OF Battle Creek,
|Elgainst the International Association of
|;INachinists in which the lower courts are
sets up principle that will prove
in its application 10 SYM
F5Soathetic strikes. Briefly stated the SUI
|t5oreme Court decision holds that labor
|&sinions or their members are accountable
Finder the antitrust law where they depart
|H,rom their normal and legitimate objects
sand engage in an actual combination or CON
|spiracy in restraint OF trade"
~ In the case decided the union had called
la strike in an effort to force the closed
shop in the Duplex plant. The com any as
lSerted that the union endeayorod TO halt
tJresses, anu "isavI sn4a ,m's vas !, cur
|aspiracy in restraint Of interstate commerce.
/ 1T was claimed that the unions threatened
10 bring about strikes wherever the presses
1sof the Duplex Company were used or TO be
Fused The company thCreupon sought an
Iinjunction against the union to prevent the
carrying out of this threat The unions. in
IYdefending their position. relied upon the
|sClayton act, ContendInE that il established
/ bthe broad principle that Federal courts can
I%not intervene in labor disputes by granting
I&injunctions.
r. In ordering the injunction to issue The
|%court held that the Federal statutes do not
make il legal for unions to engage in sec
|#ondary boycotts.' and ii defines secondary
Iaboycott as one in which the union directly
&lnvolvcd in dispute seems TO enforce its
Edemands by cnisting the Kid of o.hcr unions
saor the public generall.- An. DENYING ,ha,
section of the Clayton ac, grants the inn
immunity set up by the defense as justification
for its acts. the court says: THE scclion
assumes the normal objects OF labor or
gahizaton TO be legitimate. and declares
! that nothing in the antitrust laws shall he
4 construed 10 forbid their members from
lawfully carrying out their legitimate oh
jects. But there is nothing in the section
8sto exempt such an organization or its mem
hbers from accountability, where ii or ,hov
depart from its legitimate objects ana on
l.Gage in an actual combination or conspiracy
}1n restraint of trade. And by no fair or
permissible construct ION can il be taken ae
sauthorizns any activity otherwise unlaw-
/ iful."
sA The reasoning by which the court arrived
|4aat its decision seems to be fawlass =, lie
S{3logic While the sections OF the t'Iay,ou
$siHct mus Interpreted undoubtedly were de
ssAs1gneu 10 prevent the abuse OF the injuuc.
&Htion by the courts, Congress certainly ,,ad
u Ano intention Of so restricting The cour,s :,
8Aits use as to afford cover for acts which
#8Sotherwise would easily fall within tho elias.
sa5of lawless acts. Connecting The absence OF
s5fuch intention on the part OF CONGRESS tn,
;Hawlsdom OF the enactment as il stands ma.
B Railways been doubtful not alone because ~
1.-THE construction placed upon il by it's urjr
@Hcipal supporters, but because OF tho ca
ssAerciye tactics employed in securing il,
/ ispassage we'll Like some other lngisla,i,,
9Ithat was bludgeoned through Congress- dur
Hing the excitement and tension orca sioue,
satI by the world war. it had not that san" cot,
Elaboration that should attend al! lcgislatio,
n designed for the public good
sE Several persons arrested recently plcade
u Al.at rrhi LII 1.li.IL - IL.