The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-07-03
THE CoRoNApo CASE.

The CORONADO CASE.
Following the supreme court deci-
sion in the Coronado coal case, the
American Federation of Labor went
on record as favoring a constitutional
amendment which would prevent the
supreme court from multiplying acts of
congress passed in contravention of
the federal constitution. Yet labor
leaders heraIded the Coronado deci-
sion as great victory FOR organized
labor.
1t is held by a lay writer that the
decision establishes no new principle
of law, nor does it add a little to the
liability of the constituent members of
labor unions for unlawful acts COM
mitted in their name or on the'- be-
half. All the decision did, he says,
was to recognize the cumbersomeness
of a procedure which forced litigants
suing labor unions to bring each fndi-
viduaI union member into court on Il
separate writ. The liability of unions
as paFtnerships-for unlawful acts,
it is held is and has always been the
same as the liability OF any other ag-
gregation of individuals associated to-
gether either for profit or for pleas
ure.
The Coronado case did not involve
the question of the liability of the in
dividual members of the unions con-
cerned; it simply involved the ques-
ton of the stability of the defendant
unions as entities under the Sherman
law and the attachability of union
funds in liquidation of any damages
awarded the plaintiffs. The funds of
the unions involved in this case were
not actually paid over in settlement
of a judgment, for the reason THAI
the judgment of the lower courts,
awarding triple d images under the
antitrust law, was reversed by the
supreme court on the ground that the
plaintiffs had failed to make out 4
case against the unions under that
law.
The original suit was brought
against the United Mine Workers of
America. District No. 81 of the United
Mine Workers of America, twenty
seven local unions of the same organ
ization, and sixty-three individuals,
trust law on account OF acts of vio-
lence committed in the course of a
strike at the mines of the Coronado
Coal company in Arkansas, which re-
suited in injury. death and the de-
struction of property. The federal
district court in which the suit was
brought found that tho injuries com
planned of had been inflicted as a re-
suit of a conspiracy in restraint of
trade under the Sherman law and
awarded the mining company triple
the damages proved in the suit in ac-
cordance with the provision of that
act. This judgment was sustained by
the circuit court of appeals of the
Eighth United States circuit but was
reversed by the supreme court be-
cause it held that the facts presented
did not establish a conspiracy in re-
straint OF trade on the part of the
unions found guilty of unlawful acts
and therefore the federal courts were
without jurisdiction.
In all of its essential points there
fore. the case did result IN a. clear-cut
victory for the unions. Evidence Of
fered in support of a contention that
the unions had conspired with coal
operators in the district and in con-
tiguous states for the purpose of fore
ing the unionization of non-unien
mines with the effect of increasing
prices in interstate commerce, and in
support Nof q further contention that
the strike in question had been car
ried out in furtherance of the alleged
conspiracy, was found sufficient to
sustain a verdict against the United
Mine Workers undar the Sherman law
so far as the first contention was con-
cerned, but was found insufficient as
to the second contention, the
court holding - that the evidence
did not support the contention
that the United Mine Workers had
been q party to the unlawful acts
committed by District 81 and the To-
cal unions. In this particular, the
court clearly upheld the exemptions
of labor unions under the Clayton act
Chairman Lasker of the United
States shipping board has adopted 4
unique method OF Selling the ship
subsidy bill to congress. He has been
talking TO the vsDus state delega-
lions one by one. starting with the
Pennsylvania delegation. and urging
them to support the measure. He
then shows the delegation which he is