New-York tribune., 1922-06-06
Judgments May BE OBJ
tanned Under Sherman
Law, Supreme Court
Finds in Coal Decision
Strike Treasures
Liable to Seizure
Unincorporated Labor
Bodies May BE Held Re-
sponsibIc Where Injury
TO Property Is Caused

From The TrbrHs'1 Wa1hirgfor Bareap
WASHINGTON, June SIN a
decision to-day. which was at once
a victory and a defeat for organized
labor, the Supreme Court reversed
the decision Of the United States
Court Of Appeals for the sth Circuit
in the case Of United Mine Workers
OF America vs. Coronado Coal CON-
psny et al. The opinion was by
Chief Justice Taft.
The effect Of the decision Is 70
relieve the United Mine Workers Of
America and other miners organiza-
tions, as well as individual miners.
from paying enormous damages for
injury 10 mining property IN the
Arkansas strike. Under the iudg-
ment Of the lower courts. the miners
would have had to pay in damages,
costs and all charges more than
100000.
But while the Supreme Court In
this respect holds with the Fiirers
and reversed the lower courts, at
the same time it lays down the doc.
trine that labor organizations, gen.
orally. are liable 20 be sued and 70
judgment for damages in case Of
injury to property in the course Of
strikes. u holds that strike funds
can be levied on 10 collect such judg-
ments. The unincorporated labor
organization under this decision is
liable in the most complete fashion
for damages when property is in
iurcd. It's strike funds are thrown
open 70 seizure.
The miners Z, Tie present eon'sr-
tion escaped - .1ment and svshle "a'a-
sges under gfe shermen Ia because
the Supreme Couf, holds coal mining
IL not interstate commerce and the
mower Of Congress does not extend 10
its regulation as such. Obstruction %
coal mining ~ held not 90 be obstruc.
ton 10 interstate commerce. None of
the outrages, the court holds, was COM
mitted in a conspiracy % restrain or
monopolize interstate commerce. ~ u
held the strike was a local strike 80
far as the evidence Is concerned, ana
the national body Oh the miners was
not responsible.
Outside Sherman Law
The proceeding was brought under
the sherman law and the opinion OF
the court makes II clear that none OF
the wrongs committed came within the
purview Of that law. Il does not say
that the Coronado company can pro-
ceei against the local and individuals
for damages, but this is clearly IN
piled.
the United Mine Workers and miners
organizations from paying about
5000 600 out OF strike funds has an I'M
portant bearing on the present coal
strike. To have required the surrender
Of that much out OF strike funds nov
would have been a destructive blow az
the mine workers.
In the opinion, which is Of great
length, Chief Justice Taft sets forth
the questions 20 be decided.
There are hye principal questions
pressed By me plaintiffs in error here,
the defendants below" said Chief JUS
tice Taft. THE first is that there was
misjoinder Of parties plaintiff. The
second is that the United Mine
Workers Of America. district number
q, Z. VI. W. Of A.. and the local unions
made defendants are Nunincorporatcd
associations and not subject 20 suit
and therefore should have been dis
missed from the case on motions sea-
sonably made. The third is that there
Is no evidence 20 show any agency by
the United Mine Workers o. America
in the conspiracy charge or IN the ac-
tual destruction Of the property, and
no liability therefor. The fourth Is that
there is no evidence 20 show that the
conspiracy alleged against district No.
2i and the other defendants was a con-
spiracy % restrain or monoplize inter
state commerce. The 9th is that tho
court erred in a supplemental charge
20 the jury, that so stated the courts
view Of the evidence as 20 amount % a
mandatory direction cocrcing the jury
into finding the verdict which was rem
dered."
Reviews Miners Organization
Taking up the first question, the
Chief Justice said:
1T does not seem 20 US that there
was a misjoinder Of parties under the
procedure as authorized in Arkansas
In this case the application Of the
Federal conformity act was for the
exercise OF reasonable discretion by
the trial court. We cannot say that
the discretion was abused in this case"
citing the fact that all OF the coal
companies in the case were united Of
interest and were largely under the
control Of one Of them.
In referring 70 tho character OF the
mine workers union. tho Chief Jus
ticc points out: 1T is admirably
framed for united action under the di-
rection Of the national olficers.7
Mr.. TAFT declared no organized cor
poration had greater unity Of action
and In none Is more power centered in
the governing executive bodies. lie
cited the steps by which the great labor
organizations have been given afirma-
tive legal recognition and said;
"As a matter Of substantive law, all
the members Of the union engaged in a
combination doing unlawful injury
are liable 10 suit and recovery and tb
only question is whether, wher ~
have voluntarily for the pur,4
acquiring concentrated strer.
the faculty Of quick unit
elasticity. created a self-a1
with great funds TO aeeomrJ