The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-12-29
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measure affords a speedy way of Sc
curing final determination by appeal
to the State supreme court and later
appeal to the United States Supreme
Court without the complications of
criminal proceedings against alleged
violatOrs of the act.
Freedom of Speech Denied
The complaint asserts that the law
denies to union members the right of
freedom of speech and freedom of
press guaranteed by the first amend
ment to the Constitution of the United
States and by the first section of the
Fourteenth Amendment by forbidding
the unions to give publicity to labor
controversies by picketing, by peace
full persuasion, by radio, or news
paper advertisement. These alleged
denials of fundamental rights are held
also to conflict with the guarantees of
the State constitution.
The complaint, which, in itself is a
brief of nearly ten thousand words,
presents allegations of the laws con-
f1ict with many federal statutes in
fields of enactment which are claimed
in the complaints as the prerogative
of the federal government and which
a State may not enter with a conflict
ing law if the Congress of the United
States has legislated in that field.
In this field are cited the federal
laws: Norris-La Guardia Injunction
Limitation Act, Wagner Act, Railway
Labor Act, Social Security and Clay
ton Acts.
Invades Interstate Commerce
Strong emphasis is placed on the
allegation that the Oregon law at
tempts to legislate in interstate COM
merce, both in transportation groups
and in employees engaged in producing
products which will enter interstate
commerce. This is held to violate the
commerce clause of the Federal Con-
stitution as we'll as the Wagner Act
and the Railway Labor Act, in the
latter affecting clerical and other en-
ployes of railroads who are engaged in
the employment of operating trains.
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ground that it's definition of labor
dispute would deny to single craft
the right to attempt to redress a
wrong which applied to that craft
alone and did not involve other crafts
employed by the same employer, when
the members of single craft do not
constitute majority of all employees.
A further point of attack is on the
established legal ground that classified
restrictions which amount to class re-
striction are contrary to public policy.
Violates State Constitution
The complaint alleges that the new
law violates the provision of the State
Constitution which forbids the in
clusion of unrelated matters in
single statute. In this respect, it is
charged that the provision of the state
law restricting the collection of dues
by labor unions is not sufficiently re-
lated to the regulation of other activi-
ties covered in the bill, and that the
dues provision is not included in the
title Of the act. 1t is held that this
point alone, if sustained, invalidates
the whole law.
Further conflict within the bill itself
is claimed in the attempt to give to
the courts the power to exercise the
injunctive process when criminal
remedy is provided for the misde
meanor as the violation is defined to
be.
Denies LabOrs Rights
Restricting union members to con-
itroversy over hours and wages and
similar working conditions in order to
constitute a legal labor dispute also
is attacked as being violative of high
er law as we'll as contrary to public
policy in denying to labor the right to
strive to establish collective bargain
ing and other practices generally rec
ognized as inherent rights.
The application for declaratory
judgment is based upon the presump
ton that the State law denies to or
ganized workers rights which they
must exercise to preserve their organ
izations, and that law enforcement Of
ficials named in the complaint must
perforce attempt to enforce the State
law, which latter presumption is
based upon the duties prescribed for
the defendant officials and upon their
oath of office.
"Incentive taxation" seems to be