The Washington herald., 1922-06-06
JPREME COURTS
DECISIONS CRAFTY
YET DEMAY LABOR
Hard Hit by Ruling That
Unincorporated Unions
Can Be Sued.
MINE FUNDS FREED
Strike Riots Not Necessarily
Plot to Restrain Com
merce, Is Decree.
MINE FUNDS FREED

New presidents in the jurispru-
dence relating to labor unionism
have Just been established by the
United States Supreme Court.
Chief Justice Taft, in reading a
unanimous decision of the court
yesterday, reversing lower Arkan-
sas courts. on the famous case of
the Coronado Coal Company versus
the United Mine Workers of Amer
lea. set forth:
l. That on occasion of a local
strike international oficers of a
union are not necessarily parties
to alleged criminal acts OF workers
who destroy property.
.. That riots and other troubles
\ occurring in a local strike are not
necessarily in pursuance. of a con-
| spiracy to restrain interstate COM
i merce
Sunions can be sued and their strike
FUNDS seized as security.
First Two Rulings Aid Labor.
In establishing the first two prin-
eiples the high court effected a
Tremendous victory for organized
abor. From a purely materialistic
tandpofnt the decision is note
orthy in that it releases a vast ma
brity OF some s1,15o,O0o of United
line Workers funds held in escrow
y the courts as security pending
be high courts decision against
images of over 100000 awarded
II operators as a result of the
nous Arkansas strike of 1874.
bese funds. released at this time
MY be found highly useful in the
miners relief projects growing out
of the present coal strike
In establishing the third ruling.
however. the Supreme Court dealt
a blow to union labor. Preside mt
Gompers, of the A. F. of L.. has
insisted for years that unincorpo-
rated labor unions could not be
sued. and for this reason such
unions have not been INCORPORATED.
The high court, through its deci-
sion yesterday. throws the doors
open to civil suits against local
labor unions growing out OF strikes
which opens up a wide vista. 1t
would seem to constitute an almost
crushing restraint upon strike &C
tivity OF organized workers.
Singularly enough the courts rul-
ing on this point in the case is in
of the Arkansas Supreme Court,
which held that unincorporated labor
unions are not suable. 1t is. there
fore, a question whether the coal
operators involved in the Coronado
case will seek civil damages against
the mine workers, beginning back
where the suit first started in 1914
before it began its eight years
climb to the court of final adjudica-
tion here in Washington.
Judge TrebIes Penalty.
In April. 1914. in Sebastian
County, Ark, the Bache-Denman
Coal Company. owners of nine coal
mines, began breaking away from
union control Two mines were nom
unionized and the miners of a third.
nominally owned by the Coronado
Coal Company, struck. There fol-
lowed. between April and July 20.
riotinE. dyRamiting, burning of
mine property and coal cars. muir
der and arrests. The mining busi-
ness was destroyed and a joint re-
ceiver appointed for the nine prop
critics. The receiver began suit
against the United Mine Workers
of America. A jury in the district
court returned damages of 100000
against the miners union. ulSITlCt
branches. locals and members. sixty
FIVE individuals named and 100000
unnamed members acting in con-
spiracy." Judge Elliott. Of the dis
trict court. under the treble penalty
clause OF the Sherman act. increased
the award to 100000. added $780,
900 interest and $4,000 counsel fees.
When the case was appealed by
the miners to the circuit court, that
body upheld the jury award of the
Hover court. eliminating. however.
the 100000 interest added by the
district judge.
Nearly two years ago the case
was argued on appeal brought by
the miners before the United States
Supreme Court here. Charles Evans
Hughes, now Secretary of State, ap-
peared as chief counsel for the
miners. More than 1000 pages of