Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-06-12
GurnpcrS' Criticism

Q ANlUEL GOMPERS. president OF the
~ American Federation OF Labor. severely
criticizcs the United States Supreme Court
for its decision in the Coronado coal cas-
He interprets the decision as IA ncgation Of
the right To strike aud declares that or
ganizcd labor should appeal TO Congress
for new legislation TO set aside the decision
lie says that he expects ITO he taken strict
~ 10 account" for his ntterances scriticizinG
tho court. adding. "Rnt II has come 10 "a
pretty pass when an American citizen can
no longer discuss and criticize the decisions
Of the courts. Pray. OF what flesh are
the members OF the Supreme Court that they
are above criticism. beyond that of the
President OF the United States?"
Apparently. his fear of being taken
strictly to account for his criticism is
groundless. He has INDUCED that habit be-
fore without being held in contempt. In
view Of the recklessness Of his criticism, the
soundness of the courts decision will be-
come increasingly apparent the more he at
tGcks il along the line he is now pursuing.
The decision itself clearly admits that tho
right TO strike has become firmly established
hv prior decisions of the courts. The de-
Cision goes no further than to declare labor
unions subject to the provisions OF the Sher-
man act and responsible at la for damages
done by them out~ide the law during
difficult 10 see how the court. confronted
by the necessity or the opportunity for de-
cision, could have come to any conclusion
other than that expressed IN the opinion
OF the Chief Justice, which was concurred
in by the full bench II has long been the
claim OF labor unions that. not being incor-
porated. they were not liable organiza-
tons for any damages growing out of
strikes. and it has been just complaint OF
bic at law for all their acts the unions
which controlled their labor were not. In
the decision just rendered the Supreme
Court OF the United States now establishes
the principle and rule that labor unions
are suable. that they can be held answer
able in damages for the destruction OF prop
erty. and that they may be amenable TO
the Sherman antitrust act.
AS a matter OF substantive law" says
the decision, "all the members OF the union
engaged in combination doing unlawful in
jury are liable to suit and recovery. and
the only question is whether when they
have voluntarily and for the purpose OF &C
curing concentrated strength and the
faculty OF quick unit action and elasticity
created a sef-actnE body with great funds
10 accomplish their purpose they may not
be made 10 satisfy claims for injuries un-
lawfully caused in carrying ont their united
purpose. The court settles this question By
answering in the firma;iva The court
could find no justification in judicial theory
and the spirit OF our institutions for setting
labor apart in special class above the
law.
The labor unions can lay down their tools
and refuse 10 work before. bu; in doing
so they mus: recognize their responsibility
rot 10 intraci The law which throws around
property rights The mantle OF protection;
otherwise they will become bic for dam
ages TO the injured party and to such other
penalties as the law provides Once the
unions make up their minds TO accept their
res possibility to conform 20 the law, they
will realize that the decision Of the court is
really in their interest