Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1921-01-07
Holds Unions Liable.

Labor unions or their members are ac-
countable under their antitrust laws where
they depart from the normal and leeiti-
mate objects and engage in an actual
combination or conspiracy in restraint Of
trade" the United States Supreme Court
held Monday in an opinion on which it
divided six to three.
The court reversed the lower court de-
crees dismissine the application Of the
Duplex Printing Press Co., of Battle Creek,
Mich, for an injunction restraining Emil
J. Deerins and William Bramley. as bust
ness agents Of the International Associa-
ton of Machinists. from continuing So
called secondary boycott.
This was described by the court as "a
combination. not merely to refrain from
dealing with complainant or to advise or
by peaceful means to persuade complain
ants customers to refrain (primary boy
cott). but to exercise coercive pressure
upon such customers, actual and prospec-
tive. in order to cause them to withhold
or withdraw patronage from complainant
through fear Of loss or damage to them
selves should they deal with it"
Immunity from prosecution was claimed
for the agents Of the union under Section
6 of the Clayton act, which sets forth that
the labor Of a human being is not an
article or commodity Of commerce" 1t
also contended during the course Of the
litigation that, under Section 20. Of the
same statute, the courts were specifically
restrained from granting injunctions such
as that for which application was made.
Justice Pitney. who read the opinion Of
the court, said:
'As to Section 6. it seems to US its prin-
cipal importance in this discussion is for
what it does not authorize. and for the
limit it sets to the immunity conferred
The section assumes the normal objects OF
labor organization to be legitimate, and
declares that nothing in the antitrust laws
shall be construed to forbid the existence
and operation Of such organizations or to
forbid their members from lawfully carry
ing out their legitimate objects. But there
is nothing in the section to exempt such
an organization or its members from &C.
countability where II or they depart from
its legitimate objects and engage in an
actual combination or conspiracy in re-
straint Of trade. And by no fair or per-
MISSILE construction can it be taken as
authorizing any activity otherwise I'M
lawful"
With respect to Section 20 the courts
opinion was equally explicit.
"All Of its provisions are subject to a
general qualification respecting the nature
Of the controversy and the parties af-
fected." the court said. ut is to be a case
between an employer and employees. or
between employers and employees, or be-
tween employees, involving or growing out
Of dispute concerning terms or condi-
tons Of employment
There is nothing here to justify defend
ants or the organization they represent in
using either threats or persuasion to bring
about strikes or a cessation Of work on
the part Of employees Of the complain
ants customers or prospective customers.
and Of thereby constrainine COM
plainant to yield the matter in dispute"
After setting forth in great detail the
scope Of the injunction which the court
held should issue. the opinion awarded the
complainant reimbursement for all costs
in the Supreme Court and in the two lower
courts