Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-06-06
COURT RULES UNIONS
ARE AMEN BILE TO
THE SHERMAN ACT

jury, had coerced them into re-
turning the verdict. There had
been no misjoinder of the parties
under the laws or Arkansas where
the case was tried, the supreme
court held.
Organizations Are SueabIe.
In view Of federal legislation
the court announced "that such
organizations are sueable in the
federal courts for their acts and
that funds accumulated to be ex-
pended in conducting strikes are
subject to execution in courts for
torts committed by such unions
in strike"
On the ground that there was
nothing in the evidence to show
that the International union or
international board of the United
Mine Workers had a authorized the
strike, or took any part in prepa-
ration for it or in its maintenance.
or had ratified it by paying any
OF the expenses, the court con-
|cluded that the international union
and it's Officers should not have
been held by the trial court as
subject 20 joint liapIllty with the
district and local organizations
and Officers for participation in
the conspiracy or for the destruc
ton Of property incident to the
strike.
District Union Responsible.
The authority placed bv mem
bers of district number 21 in their
ofiicers to order a strike. It was
held, made the district organization
responsible for any unlawful in
1uries inflicted during the conduct
or the strike and made the fund ac-
cumulated for strike purposes nv
the district subject to the payment
OF any judgment which is recov-
cred.
1t was necessary, however. in or
der to hold district number 81
liable In this case un der the anti
trust act, to establish that the con-
spiracy to attack the Bache-Den-
man mines and stop non-union
employment there was with intent
to restrain interstate commerce. to
monopolize 1t, and subject 1t to the
control of the union, Chief Justice
Taft stated. adding that while coal
is not Interstate commerce,
and obstruction of coal mining is
not a direct obstruction to inter-
state commerce in coal, congress
has the power to subject such acts
to national supervision and re-
straint. 1t also has the power. the
court held, to punish conspiracies
In which such practices are part of
the plan to hinder. restrain or
monopolize interstate commerce.
While incorporated labor Or
CARNATIONS could be sued under
the Sherman antitrust law for
triple damages for losses to prop
erty caused by them. there was
nothing in the evidence of the pres
ent case, it was declared, to show
that the acts complained of were
aimed by the labor unions to re-
strain interstate commerce. Cues
tons relating to the charge to the
jury were dismissed without exam
ination by the court, in view Of the
effect of its decision holding that
restraint Of Interstate commerce
had not been the object of the
strike.
Labor Leaders, Silent.
Labor leaders In Wa shington, in
Guiding Officers of the American
Federation OF Labor. while ex-
pressing concern over the sweeping
provisions of the decision, decline
to authorize any statement in ad-
vance or a careruf study Of the
finding of the court. They were
particularly Interested in that Sec
ton 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 de-
mands of the United Mine Workers
of America and the government o.
the organization between conven-
tons, for the purpose of determine
ing whether organized labor. al
though incorporated. may be
sued, Chief Justice Taft reviewed
in detail its strike rules and other
matters hea ring nm tho decision