The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-06-01
Liberal Viewpoint
by DIR. HARRY ELMER BARNES

by DIR. HARRY ELMER bAfONES-----
THE New Jersey court of errors and appeals
\ has handed down a labor decision which
may go far to remove from the state its en-
enviable reputation as "feudal kingdom" ruled
| by industrialists and utilities.
| The employers and courts in New Jersey
started out to operate under the NF2A in char
acteristic fashion. There was an immediate
challenge of clause IA of the national indus
trial recovery act, which is sup posed to guaran-
tee labor the full right of organization without
| any coercion or intimidation from employers or
| the courts.
One of the most interesting and representa-
| tive cases was that involving Bruno Bella and
John Sala, organizers for the Amalgamated
Clothing Workers of America. Sala is also
president of La Stampa Liberia" the only Italian
labor daily published in the United States.
On July a. 1888, the workers in the plant Of
| the Eisner Company of Redbank N j. went on
strike. Led by Bella and Sala they demanded
union recognition, shorter hours and minimum
wage of SIS week. 1t was charged that at the
time of the strike that labor and factory laws
were violated flagrantly in the factory and that
many workers were receiving from So to SIS a
| week for SiXty-hour week.
The strike went the rocks quickly, for
Vice-Chancellor Berry Issued blanket injunc-
ton restraining all forms of strike activity, in
Guiding speaking to employees of the firm, carry
|
| picketing peacefully.
DELLA and Sala insisted upon taking Clause
ID IA seriously and proceeded with peaceful
picketlng. Thereupon, they were arrested and
sentenced to ninety days in Jail. They began
to serve their sentences on Feb. &c, 1884, after
efforts to secure a reversal Of sentence had
failed.
Vice Chancellor Berry justified his refusal of
nil 1ny1iof1 tl1o tIoof Do11i
and Sala gave no evidence of feeling of peni-
| tence or regret with respect to their conduct
| During the whole course of the trial of the
contempt proceedings, and after conviction, and
while these men were standing in front of me,
prepared to receive their sentence, there was
not the slightest word of apology, not the slight
est indication of any regret on their part for
what they had DONE"
| The two organizers, when interviewed at the
Monmouth county Jail, justified their seeming
lack of repentance by contending that they had
| nothing to be sorry for
| when Chancellor Berry issued his iniunc-
ton we thought it violated the MIRA.
1--WE said so in meetings We went out
on the picket line carrying placardS, calling for
enforcement of the MIRA. Of course, we have
no regret for what we did. 1t was our right
and our duty. What the court of errors and
appeals ruled Friday We said last summer. 1t
will be strange, indeed, if Governor Moore does
not order our release at once"
IN the meantime, the New Jersey courts went
Il on record still further in opposition to
| liberal Interpretation of Clause IA of the NRA
| Vice-Chancellor Fallon issued sweeping in
| junction against the American Federation of
| Silk Workers
This was carried to the New Jersey court of
| errors and appeals in order to test out the
| authoritative legal ruling on the meaning of
the collective bargaining clause of the national
recovery act.
The court of errors and appeals handed down
a decision invalidating ice-Chancellor FalIon's
injunction and proclaiming in straightforward
ana logical terms that the collective bargaining
clauses OF the MIRA guarantee labor the right
to strike and to peaceful methods to make
the strike effective:
Inc right to organize and bargain coIlec
| tlVeIy connotes the right to strike The right
10 Strlke includes the right to use peaceable
ana lawful means to induce present employees
ano eXpectant employees to join the ranks
FlcKetlng is lawful if it does not have an
immediate tendency to intimidation of the other
| party of the controversy" ~
| 1hls decision would seem to render logically
oongatory the immediate release. of Bella and
| Saa. " 04iA" anu
More important than this however is tho
TACT that the decision will enable New Jersey
10 take an honorable position among the states
WHnch recognize that there can be no recovery
worthy OF the name that does not reckon with
| The right OF labor to fair distribution of the
Soclal income and to such activities as will make
| this result possible ~ W -i'N0