Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-16
Judge Parker's Record
Is Warmly Defended
To the Editor Of The star:


A thoughtful unbiased examination
Of the record in the Red Jacket"
cases (18 Fed. Rep. II, $500 convinces
me that the American Federation Of
Labor is guilty OF grave injustice
In opposing the confirmation of Judge
John j. Parker to the Supreme Court.
In the trial court Judge NcClintic
found, from voluninous evidence, that
at least 5000 union miners had con-
gregated at Marmet, w. Va; had an
nounced their intention of marching
across Loga County with the avowed
purpose of unionizing that field and
had actually engaged In a pitched battle
with State officers, as a result whereof
martial law had been declared and
Federal troops had been sent into the
territory to preserve the peace. He
held the United Mine Workers guilty
OF a conspiracy to restrain or interfere
with interstate commerce, in violation
Of the Sherman act.
Accordingly, he issued an injunctive
decree, restraining the defendants
Omitted Mine Workers. as follows:
% From interfering with the en-
ployes or men seeking employment by
menaces, threats, violence or injury
to them, from in any manner
injuring or destroying the properties
of the plaintiffs (the mine owners), or
plaintiffs should In any way or manner
be injured in the conduct of their bust
ness and in the enjoyment of their
property and property rights. (2) From
trespassing upon the property of plain
tiffs, from melting, inducing or per-
| suading the employees to break their
contract of employment with the plain
tiffs. 90 From aiding any person to
occupy without right any house or
1AlA NAV%xy Nf Al I'D
Upon appeal, Federal Circuit Court
Judge Parker held that the decree was
sustained by the evidence, and af-
firmed 1t. In answer to William
Green's contention that such decision
reduces workers to o condition ap-
preaching industrial servitude, the fol-
lowing quotation from Judge Parker
opinion is a complete and scholarly
| refutation:
1T is said, however, that the effect
of the decree, which, of course, operates
indefinitely, in future, Is to restrain de-
PENDANTS from attempting to extend
! their membership among the employees
of compliments, who are under con-
| tract not to join the union while re-
naming in compliments service, and
to forbid the publishing and circulat-
ing of lawful arguments and making OF
lawful and proper speeches advocating
|
that the effect of the decree, there
fore, is that, because compliments en-
ployes have agreed to work on the non
union basis, defendants are forbidden
| for an indefinite time in the future to
| lay before them any lawful and proper
| argument in favor of union member
ship
IF we so understood the decree, we
| would not hesitate to modify 1t. AS
/ Sua eaid tho Efttrar (fS Fed
| Rep II, 652) there can be no doubt
! of the right of defendants to use all
| lawful propaganda to increase their
membership. On the other hand, how
ever this right must be exercised with
| due regard to the rights of the COM
| plainants. To make speech or ctrcu-
! late an argument under ordinary cir
cumstances dwelling upon the advan-
| tages of union membership is one thing.
| To approach a company's employees,
working under q contract not TO join
| the union while remaining in the COM
pany's service, and induce them, In vto-
| iation of their contracts, to join the
| union and 60 on strike for the purpose
| of forcing the company to recognize the
union or Of impairing its power OF
production, is another and different
| thing"
AS a former union labor member,
am sincerely in accord with all lawful
methods to advance It's noble cause
However, I do not condone methods OF
force, or violation of the legal rights OF
| employers, union or non-unton. II is SUI
perfluous for me to add my contempt for
| the yellow dog contracts, but all
| friends of organized labor must realize
| that, In the absence Of congressional or
| legislative enactment to the contrary,
such contracts are probably legal and
binding. However, Judge Parker was
not called upon to express any opinion
rs to the legality of these contracts.
My study of the case clearly indicates
! that Judge Parker is in reality stall
/ wart defender of labor unions IN the
| proper enjoyment of their legal rights
HERBERT w. Goldman.