The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1926-10-30
u. S. SUPREME:
court HITS At
LABOR UNIONS
Industrial Court LGlO of
Kansas Upheld
BY LAURENCE TODD
Federated Pressl

WASHINGTON, Oct. 2s-Labor IN
America has no right to strike, says
the federal supreme court Neither
the common law nor the fourteen nth
amendment to the constitution con-
fers such right upon the workers.
Therefore the courts Of Kansas had a
right to punish August Dorchy, vice.
president Of District IA, United Mine
Workers Of America, for calling an
illegal strike against the George X.
Mackie Fuel Co.
Liberal" Judges Join Reaction.
Decision to this effect was made BY
the federal supreme court Oct %.
Justice Brandeis reading the opinion.
Inasmuch as Brandeis and Holmes
are the two members Of the court
who most often take the side Of the
workers, this opinion has created
much surprise
As set forth by Brandeis in his
opinion the Dorchy case was this.
] Alex. Howat and Dorchy. as district
president and vice-president respec-
lively acting under authority Of their
executive board cslled,a strike on
Feb. B. 1921, at the Mackie mine in
order to force the company to pay
to union member, formerly en-
ployed there, the sum Of $3.50 which
he claimed TO be due him in increased
rate Of pay,
The wage scale at the mine re-
CURED an increase Of S135 a day
after a miner passed the age Of 10
This man, Mishmash by name. claimed
the higher rate by producing evidence
of his age, while the company Of
fered conflicting evidence that he was
year younger than he stated.
Industrial Court Forbids Strike.
The state industrial court forbade
the union to call strike for collec
ton Of the disputed claim After the
strike took place the claim was paid
and the union officers were prosecuted
and convicted Of calling an Illegal
strike.
Orderly Strikes Illegal.
THE right 10 carry on business
be it called liberty or property-has
value" says Brandeis ITO interfere
with this right without just cause is
unlawful The fact that the injury
was inflicted by strike is some
times a justification But a strike may
be Illegal because Of its purpose how
! yer orderly the manner in which It Is
conducted.
To collect a stale claim due TO a
fellow member OF the union who was
formerly employed in the business is
not a permissible purpose In the
absence OF a valid agreement to the
contrary, each party to a disputed
claim may insist that It be determined
only by court. To enforce payment
by strike is certainly coercion.
Strikes Are Crimes.
"The legislature may make such
action punishable criminally as ex-
tortion or otherwise And 1t may sub
ject to punishment him who uses the
power or influence incident 10 his
! office in a union TO order the strike.
1 The WdihOul IN lhth NanN was "
dered only after the district exocu-
tive board OF the union announced
| that the Mishmash claim has been
approved by the joint board OF min
ers and operators, and that the com
pany had refused to pay. Brandeis
states that there was no evidence tina.
the claim had been submitted TO
arbitration or that any contract ex
listed under which Il could be 80 set
tied Il was two years old when the
strike occurred.
A Threat Against All Unions.
BY SIS latest action tho federal So
preme court has given shock 70
American Federation OF Labor officials
who believed that the Kansas Indus
trial Coutt law was dead. The decision
IN the Dorchy case not only Axes
nne and imprisonment upon the coal
miners leader but Il revives the IN
dustrial court as a threat TO the right
OF the workers 70 withhold their
labor power.