The Washington herald., 1922-06-12
CORONADO CASE
MAY Be REARCUED
in SUPREME COURT
Court Record Stayed 80
Days-SsOO,OOO Appeal
Bond Will Stand.
REPLY TO GOMPERS
Drinker Thinks Decision Will
Lead to Voluntary Incor-
poration of Unions.
REPLY TO GOMPERS

The Coronado Coal Company, 1t
was announced yesterday, has OBJ
tanned from the Supreme Court of
the United States leave to petition
the court for re-argument of the
case. In the meantime. the court
record has been stayed for 80 days
during which time the $500, 900 ap-
peal bond filed by the international
union and the district union will
continue effective. This state Of af-
fairs will continue 1t is understood,
until the Supreme Court convenes
next October.
Thus the famous Coronado Coal
case in which. after six years of lit
igation, the Supreme Court of the
United States handed down a deci-
sion a week ago. promises still to
be Kept before the courts. The case
Is regarded as perhaps the most
famous in labor union litigation in
that it involves the question of
whether a labor union can be sued
for damages done by union men,
bers at the time of a strike.
No Concerted Attempt.
Henry S. Drinker, jr., of Phila-
delphia. who, as counsel for the
Coronado Coal Company, carried the
case through its six-year course to
the Supreme Court, made the state
ment, yesterday, that the case did
not represent any concerted at
tempt by the great corporations to
curtail the power of the labor un-
ions or to establish the open shop.
None of the large coal companies 5
or other corporations. Mr.. Drinker
asserts, was in any way connected
with the Coronado Company or with
any Of its affiliated corporations,
all OF which he says, are small
companies, operated under the man
agement of Franklin Bache, of Phil
adelphia.
The present litigation, he says,
was conducted solely by Mr.. Bache.
No outside corporation or employ
ers association or Individual, he
says, contributed to defraying the
expenses of the litigation.
Far from being an attempt by the
corporations to attack the union.
Mr.. Drinker says, this decision is
the outcome of a concerted attempt
by the union to destroy Mr.. Bache's
properties because he desired to on
crate them free from union dicta-
tion.
Replies to Gompers.
When asked, in view of the state
ments of Samuel Gompers that or
ganized labor would appeal to Con-
gress for legislation to set aside
the decision. Mr.. Drinker said: The
Coronado case is the FIRST decision
by a higher court In the United
States holding that unincorporated
trade unions are liable to suit in
their union name and their associ-
ate funds answerable for damages
caused by their union activities and
in pursuance of their associate ends
and purposes. In the 'Danbury
Hatters' case the suit was not
against the union as an entity. but
merely against well-to-do members
thereof.
This liability of a union to suit
ia not apparently confined, so far as
suits In the Federal courts are con-
cerned. to actions under the Sher-
man antitrust act. but applies to
al. wrongs done by the union or
its officers within the scope of their
duties and authority.
Where. however. the action Is
clearly appear that the injury was
done with the specific intention of
restraining Interstate commerce.
and for no other purpose.
TN view OF the decision the next
step of the unions would appear TO
be to secure from Congress legisla-
tion to nullify the decision by ex-
empting them from liability. as the
union succeeded in doing in England
following the Tan-vaie decision.
where the English house of lords
similarly held unions liable.
Apparently the decision will uI-
timately lead to voluntary incor-
poration OF the labor unions, by
which they will secure the limited
liability accorded corporations and
the respect Of the community, at
tributable to responsible bodies"
Labor Chiefs Di.aEree
, Difference OF opinion concerning
the effect OF the Coronado coal de-
cision exists between the officials
of the A. F. of L. and the United
Mine Workers Of America. The
miners camp showed mild signs of
rejoicing over the decision. and the
A. F. of L. camp was distinctly de-
pressed.
Regardless of these differences of
opinion among labor leaders, they
ContfnRed on Pare Three.