The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-06-06
SUPREME COURT HOLDS LABOR
UNIONS ARE SUBJECT To SUIT
Held Amenable to Sherman
Antitrust Act, and May
Be Prosecuted for Restraint
of Interstate Commerce,
Court Holds in the Coron-
ado Case.

Washington. juno 5.-Dectdtng the
celebrated Coronado Coal case, the sn-
preme court today held that labor or
Ganizations although unincorporated'
are amenable to the Sherman antitrust
act, and that under II such organizations
may be prosecuted for restraint or IN
terstste commerce. The court laso held
that labor unions are suable.
Chief Justice Taft In announcing the
decision. did not indicate any dissent.
The case. which presented the oues-
tions passed upon By the court. was AN
appeal by the United Mine Workers OF
America. district No. 81. OF that organ
ization and It's officers, twenty-seVen
local unions in that district and tnerr
officers, and sixty-nve individuals some
Of the latter not members Of any union
from a decision by the United states
district court of Arkansas. approved by
the circuit court OF appeals, holding
them guilty Of violating the Sherman
antitrust act druing coal mine strikes
in Arkansas In 1914. and imposing dam
ages Of 100000. which were treoleo
under the antitrust law.
Damages Set ASIDE.
The effect Of the decision today w''l
be to set aside the damaseS because OF
the finding that the acts winch causeu
the destruction Of property were not IN
cit.d for the purpose OF restraining In
terst2te commerce.
During the strike lawlessness pre-
vailed and property damage was done
the Coronado and eight other mines con-
trolled by tho Bache-Denman Coal COM
pauy. The United Mine workers u,
America contested the jurisdiction ot
the federal courts on the ground tnat'
theirs being an unincOrporated asSo-
citation Of mtne workers, IT was NOT
subject 10 prosecution under the Sher-
man law.
FTvs questions were presented by the
controversy, Chief Justice Tart saio
First. whether there had been a eorrect
SELECTION Of the parties to be sued; sec
ond, whether tho parties. NOT oelns IN
corporated. were subject TO SUIT 'h'ru'
whether the United Mine workers OF
America had been engaged IN consp''-
ecy or in the destruction ot propetty
for which that organization ana us o.
ecers could be held liable; fourtn'
whether there was evidence 10 sho"
mai the conspiracy allesed did restrain
or rnonopolize interstate commerce. am
arm whether the trial court. In cnarS-
tnr he jury, had coerced them INTO re-
cunning the verdict. There had oeen
M nisioinder Of the parties under tne
laws OF Arkansas where the case was
tried. the supreme court helo'
Unions Arc Suable
=, view Of tho federal constitution
49, ,orrt announced that such organ
Iv.t,on, ar. suable in the federal courts
,or tbeir acts and that fun$ls accumu-
i.ssd 70 be expended in conducting
.+rir.. ar. subject to execution in suits
Sor torts committed by such unions In
strikes
On IN. ground that there was notninS
:, ,hs evidence TO show that the inter
national union or international board OF
ths United Mine Workers had author :
iz.d the strike or took any part IN pre-
variation for Il or IN It's maintenance. or
had ratified II by paying any or the OK
nenses tho court concluded that the IN
transitional union and It's officers should
not have been held by the trial court
ma subject to Joint liability with the
district and local organizations and ofn-
GERS FOR participation In the conspiracy
or for the destruction OF property Incl
dent to the strike.
The authority placed by members OF
District No. FL In their officers 70 order
a strike, Il was held. made the district
or9,nisation responsible for any unlaw-
ful injuries inflicted during the CON
duct Of tho strike and made the fund
accumulated for strike purposes by the
dIs,rict subject to the payment or any
judgment which is recovered.
oan Punish conkpiraeiss
II Was necessary. however. IN order
% hold District No. 81 liable in this case
undsr tho antitrust act to establish that
ma conspiracy to attack the Bache-
Denman mines and stop non-union en-
n,ovment there was with intent to re-
strain Interstate commerce. TO monop-
eliza A. and subject II to the control OF
the union. Chief Justice Tart stated.
adding that while coal mining Is not
Interstatr commerceand obstruction or
coal mining Ia not a direct obstruction
70 interstate commerce in coal. congress
has the power TO subject such acts TO
national supervision and restraint II
also has tho power. the court heid, 10
punish conspiracies In which such prac-
tees are part OF the plan to hinder re-
strain or monopolIze interstate COM
merce.
While unincorporated labor orSan!za- =
tions could be sued under the SHERMAN
ANTITRUST law for triple damages. for
losses to property caused by them.
there was nothing In tho evidence OF tho
oresent case. Il was declared. 10 show
that the acts complained OF were aimed
nv the Ia Dor unions 70 restrain inter-
state trade.
Question relating to the charge to the
Jury were dismissed without examina-
tion before the court. In view Of the
snact OF it's decision holding that re-
(contanusd on Page rwelvs)