South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-06-06

ton for ~ or In is maintenance, or
had ratified u BY paying any Of the
expenses. the court concluded that
the international union and It's Off
GERS should not have been held by
the trial court az subject % joint
liability with the district and local
organizations and officers for parti-
clpation IN the conspiracy or for de-
struction Of property incident TO the
strike.
The authority placed by members
OF district No. z IN their officers 10
order a strike. 10 was held, made the
district organization responsible for
any unlawful injuries inflicted during
the conduct OF the strike and made
the fund accumulated for strike pur-
poses BY the district subject % the
payment OF any judgment which is
recovered.
Must Prove Conspiracy.
II was necessary, however, In or
der 10 hold district No. q liable in
this case under the antitrust act
20 establish that the conspiracy 20
attack the Bache-Denmau mines and
stop non-union employment there
was with intent TO restrain interstate
commerce, to monOpOlze It and sub
Jet II TO the control Of the union,
chief Justice Taft stated, adding
that while coal mining is rot inter
state commerce, and obstruction Of
coal mining Is not a direct obstruc-
tioa 10 interstate commerce in coal,
congress has power 20 subject such
acts 20 national supervision and re-
straint IL also has power. the court
held TO punish cOnspiracies in which
such practices are part Of the plan
10 hinder. restrain or rnOnopolize in
terstate commerce.
While unincorporated labor unions
could be sued under the Sherman
antitrust law for triple damages for
losses 20 property caused by them,
there was nothing in the evidence OF
the present case. it was declared, TO
show that the acts complained of
were aimed by the labor unions TO
restrain interstate trade. Questions
relating 20 the charge TO the jury
were dismissed without examination
By the court, in view of the eject of
its decision holding that restraint OK
interstate commerce had not been
the object of the strike.
Labor leaders in Washington, in
Guiding officers of the American
Federation of Labor, while express
ing corcern over the sweeping pro-
visions OF the decision, declined to
authorize any statement in advance
OF a careful study Of the findings OF
the court They were particularly
interested in that section of the
opinion which held that the treasury
of labor organizations could be held
liable for damages caused by labor
unions.
Discussing the object and demand;
OF the United Mine Workers OF
America and the government OF the
ORGANIZATION between conventions foi
the purpose OF dete -mining whether
organized labor. although unincor
porated. may be sued. Chief Justice
Taft reviewed in detail its strike rules
and other matters bearing on the
question.
Claim Victory.
INDIANAPOLIS. June 5.-(By A
P)-Hailed as a great victory b!
counsel for the United Mine Worker
or America the supreme court decis
ion in the celebrated Coronado Goa
case was expected tonight by unioI
officials here 10 be followed soon b,
the release OF $I.1O0. 900 of unior
funds, now tied up by litigation.
The money will be a welcome ad
dition 10 the unions treasury which
has keenly felt the drain of financin.
the nation-wide suspension of wOrl
IN the coal industry, now in its thir'
month Union officials also felt elat
ed over the legal questions decided
though at first were manifestly fear
full
Aside from meaning the release o
union funds. counsel for the miners
union regarded the Coronado decis
ion as a precedent that would meal
the failure OF various suits alread
pending or threatened. for damage
resulting from labor troubles. Fur
Their the decision was described a
ending the contention that the sys
TEN OF collective bargaining fouowe
in the coal industry was a cOnspirac
of the union with operators o
closed shop mines. having as IL
purpose the suppression of trade ii
non-union produced coal.
Henry Warrum. counsel for IN
miners union in commenting on tn
Conorado decision, made this state
ment.
There have been several suits O
the same character begun in the fed
eral courts against the miners or
SANITATION The Coronado case va
the first TO reach the supreme cour
and be decided there. These case
are al based upon the theory tina
the destruction Of property in IN
local disturbance grew out OF a con
spiracy among the union miners an
operators 10 restrain commerce q
non-union coal. and chat the injure
parties had the right 10 sue in tn
federal court and under the Sherma
antitrust act and recover their dam
ages which the court would trebl
under provisions Of that act
Conspiracy. Restraint.
In the Coronado case, severs
thousand pages OF the record wer
given 10 an elaborate exposition 1
the so-called conspiracy and restrain
OF trade between the union operator
and union miners.
From what have seen from news
paper reports. the supreme court IA
decided that the destruction Of PROP
erty in the Coronado case cannot
attribSted % any conspiracy in re
straint OF trade. and the court r.
versed judgment for that reasol
There may be other questions a,
cided affecting the right 20 sue n
union IN It's society name. o. the Xix
but 4 seems 10 me that this decisio
puts an end 20 the long exploite