The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-06-06

Of Labor. while expressing satisfaction
over the sweeping decision. refused TO
authorize any statement in advance OF
careful study of the findings Of the
court They were particularly inter
ested in that section of the opinion
which held that the treasury. of labor
organizations could be held liable Tor
damages caused by labor unions
Discussing the object and demands OF
the United Mine Workers of America
and the government of the organiza-
tion between conventions. for the pur-
pose of determining whether organized
labor, although unincorporated, may De
sued. Chief Justice Taft reviewed In de-
tail its strike, rules and other matters
bearing on thesquestion.
Unity of Action.
mo organized corporation has greater
unity of action" he declared, and IN
none is more power centered In the gov
X e-ning executive bodies
AT common law, it was pointed out, an
unincorporated association OF persons
was not recognized as having any othe.
character than a partnership 10 De sueu
or to sue in the name of its members
whose liabilities had to be enloreeu
against each member.
but the growth and necessities Oh
: these great labor organizations nave
brought affirmative legal recognition OIL
their existence and usefulness ana pro-
visions for their protection when theli
members have found necessary the
Chief Justice continued. The rights Oh
labor unions to maintain strikes, ne ae-
clared. their protection against efnpezAis
ment of their trade marks, their STAND
ing in statutory arbitration and before
officia! labor boards and the adaptaoiiity
Of equitable procedure to modern neeos
requiring the representation by one per-
son of many have all had their effect
"Out of the very necessities of the
existing conditions, he added, ana
the utter impossiblity of doing justice
otherwise. the stable character of such
an Organization as this has come to be
recognized in some Jurisdictions ana
many suits for and against labor unions
are reported in which no question has
been raised as to the right to treat them
in the closely united action and functions
as artificial persons, capable OF suing
and being sued"
Discussion of Power.
TT would be unfortunate" the court
said, "if an organization with as, great
a power as this international union has
I'm the raising of large funds and IN di-
recting the conduct of 100000 members
In carrying on in a wide territory IN
dustrial controversies and strikes, out OF
which so much unlawful injury to pri-
waite rights is possible. should assemble
its assets 10 be used therein free from
liability for injuries by torts committed
in course of such strikes. To- remand
persons injured to a suit against each OF
the 400. 900 members to recover damages
and to levy on his share of the strike
fund would be to leave them remediless.
Although the court said. 1T is OF
primary Importance in working out or
Justice and in protecting individuals
and society from possibility from OPP
preston and injury to their lawful
rights from the existence OF such
powerful entities as trade unions. IT Is
after all in essence and principle merely
a procedural matter"
LAS a matter of substantive law.
it was added. ''all the members OF the
union engaged in a combination doing
unlawful injury are liable to suit and
recovery. and the only question Is
whether when they have voluntarily
and for the purpose OF acquiring con-
centrated strength and the faculty of
quick unit action and elasticity created
a self-acting body with great funds to
accomplish their purpose they may not
be made to satisfy claims for injuries
unlawfully caused in carrying out their
united purpose"
The recognition OF tTdue unlons py tie
CLAYTON act and other Federal legisla-
ton also required. the court declared.
that labor unions should be held to be
suable in the Federal courts.
Analysts of strike Features.
The court exhaustively analysed the
strike developments and directions to
determine whether the international
union authorized. directed or partici-
pated In it with the result that 1t found
no evidence to warrant holding either
the international union or its officers.
With regard to district No. Il and its
officers equal care was taken by the
court to state all important evidence
bearing upon the question whether its
acts were aimed to restrain Interstate
commerce.
I'm. view of our finding that District
No. 21 and the unions ara suable," the
Chief Justice stated. I'VE cannot yield
te the argument that it would be. neces-
sary to show the guilt of every member
OF District No. 1 and of EACH union MEM
Der in order to hold the union and its
strike funds to answer. District No Fl
and the local unions were engaged in
a work in which the strike was one of
the. chief instrumentalities for accom-
plishing the purpose for which their
unions were organized"
The annual agreements entered into
between the international union and the
central competitive field operators. own
ers of union mines. and ali other charges
made that the strike was part OF a
conspiracy to restrain interstate COM
inerce. were discussed by the court, with
the conclusion that lit was local strike
within the meaning OF the International
and district constitutions. so it was in
fact local strike-locai In its origin
and motive. local in its waginr and local
in It's felonious and murderous ending"
Asserting that the circumstances are
such as 10 awaken regret that in our
view OF the Federal jurisdiction we can
not affirm the judgment" holding that
the sherman antitrust act had been vio-
lated. the Chief Justice said IL was "of
far higher importance that we should
preserve inviolate the fundamental lini-
fations In respect to the Federal juris-
clction'
History of the Case.
The Coronado and associated coal
companies OF Arkansas instituted in the
United States District Court for Arkan-
sas civil proceedings against the United
Mine Workers TO recover treble damages
under the Sherman act for property
losses suffered by them during the strike
IN 1914. The coal companies alleged
that the United Mine Workers had I'M
lawfully conspired TO suppress non-union
competition. and that the destruction OF
tho property had been resorted to with
attendant restraint OF interstate COM