The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-10-24

IS VICTOR Y
FOR LABOR
Justice Wins in Ruling by
Court on Clayton
Act.
BY n. D. COCHRAN

IF4 HE unanimous OplLlOn VI Ine
Supreme Court in sustaining
- the constitutionality Of the
Clayton act as to trial by jury in
certain contempt proceedings Is
more than victory for labor. 1t is
a victory for justice.
The immediate beneficial effect
viii be to put a crimp in the vicious
practice of district Federal judges
in outraglng the Constitution by
summary punishment for contempt
! in industrial conflicts.
Much of the contempt for courts
| has grown cut of the tyranny of
Federal judges in industrial dis
turabnces. where invariably that
tyranny has been exercised in be-
half of employers and against
striking employees.
The Clayton act was constructive
, legislation seeking to right some of
the wrongs suffered by employees
while lawfully exercising their right
to better their condition through
collective bargaining and by strik-
ing. when they believed the strike
to be their last resort.
Trial by Jury
The plain Guarantee Of the Con
| stitution Of the right Of trial by jury
was made imperative by judges who
assumed the right to determine not
only the law but the facts. and then
to inflict punishment for disobed1-
ence of their arbitrary orders.
In the Michae1son case, where
striking railway employees were IN
volved. both the district court and
the court Of apeals had held that
trial by jury was not a right.
The Supreme Court now reverses
both lower courts and holds that
trial by jury upon demand is man
datory, and that in providing for
trial by jury in such cases Congress.
in the Clayton act. does not infringe
upon any power Of the courts grant
ed by the Constitution.
The court says: The simple ques-
ton presented IS, whether Congress
may require a trial by jury upon the
demand Of the accused in an indie
pendent proceeding at law for a
criminal contempt. which is also a
crime. In criminal contempts as in
criminal cases. the presumption of
innocence obtains Proof Of guilt
must be beyond reasonable doubt,
and the defendant may not be com
PEELED to be a witness against him
SELF
Overthrows Legal Concept
This opinion overthrows the legal
| concept long sustained in American
| practice by the courts that the
power TO punish for contempt is an
inherent judicial power 10 punish
| for contempt is an inherent judicial
power which cannot be interfered
with by legislative authority.
The practical effect Of the decision
is to prevent the practice Of corpora
ton lawyers rushing to Federal
judge, procuring a Jug-handled In
! junction prohibiting everything the
| corporation lawyer can think Of, and
then having the judge put working
people in Jail for contempt Of court
This was a very effective strike
breaking weapon.
Another thing this decision does Is
70 prove that when Senator La Fol
Iette and others were denouncina
courts for assuming power not given
them either by Constitution OF
statute, they were defending rather
than attacking tho Constitution. II
was the injunction judge, not La
/ Toilette. who was attacking the Con
stitution.
OF equal significance and impor
lance to labor was the decision Of
the Supreme Court that when ar
/ employe strikes he doesn't cease to
be an employee o.. lose any of the
rights guaranteed to him as an EN-
ploye by the law. The court holds
/ that a striking employee is still an
/ employee. That has a tremendous
meaning to organized labor every
/ where.