Evening star., 1938-10-19


Corp. of Chicago-insisted that the
men could not be reinstated because
they had destroyed private property,
and that their union activities as such
had nothing to do with the matter
The Circuit Court of Appeals OF the
eeventh circuit has upheld the en-
ployer's contention, but the Labor
Board in the next few days will petit
ton the Supreme Court Of the United
States for a review of the reinstate-
uent issue
State Controls Behavior.
The case in the Federal courts, how
ever. has nothing to do really with
the problem of preventing the strikers
from going to Jail under Illinois law.
The latter would have to ask the Su-
preme Court on their own behalf now
to stay the sentence of the Illinois
courts, but the chances OF such stay
being granted might be considered re-
mote because the legal questions IN
volved are well settled. That is, the
right of the State to police the beha-
yior of it's citizens is widely recognized.
The Labor Board, incidentally, IN
seeking without success the relnstate-
ment of the strikers, told the Circuit
Court of Appeals that the State courts
had ample power to deal with police
questions and that employers had their
remedies available to them in State
courts. Now such remedies have been
availed of and the Fansteel Co. cannot
very we'll reinstate men who have been
ordered to serve terms in jail. The
Labor Board might argue that after
they came out of jail they should be
given their old jobs back, but such an
order could be enforced only II the
Supreme Court of the United States
should reverse the Circuit Court OF
Appeals.
Here again the legal question has
been pretty well settled in the past,
that is the right of discharge has been
upheld in several cases by the United
States Supreme Court. In this in
stance the company contends that it
lost upwards Of 100000 through de-
struction of property and cancellation
Of certain orders for goods. Indeed,
the way now has been opened for the
filing OF treble damage suits by the
Fansteel Co. against the unions on
the ground that the Sherman anti
trust laws have been violated and also
for damage suits against individual
members of the unions and the union
officers.
May End "Sit Downs"
This procedure doubtless will be
followed out in order to prevent the
further use of the "sit-down" strike
In America. Too many union men
unfortunately have been given the
impression that "sit down" strike is
lawful and that they can somehow
get the matter before the Labor Board
and escape penalty.
The Fansteel Co.'S contention has
been that the "sit-down" strikers were
guilty of trespass and by violating the
laws Of Illinois had no standing before
the Labor Board. The latter, on the
other hand, has argued that the Fed
eral jurisdiction of the Wagner Act
superseded all other considerations
where company engages in interstate
commerce. The Circuit Court of Ap-
peals disagreed with the Labor Board.
If the Supreme Court now denies the
petition to review, then the matter
will rest on the Circuit Court of Ap-
peals decision, but if the case comes
lip for review and the Labor Board
Is upheld, then the Federal power of
policing industrial disputes will have
been recognized as absolute In that
event there would be much more point
than heretofore to the contentious of
Organizations like the National Asso-
citation of Manufacturers that the
Wagner Act can and should be
amended to prohibit coercion from
any source" and to ban "sit-down"
strikes on the ground that State laws
are inadequate.
The whole episode which has just
come to a climax began in February,
1887, when strikers seized the Fansteel
plant. The local judge ordered the
men to vacate the property. They
refused. The case was transferred to
another section of the State on the
application of the workers, but the
fudge again ruled against the "sit-
down" strikers, who lost in the appel
late court, and now the Illinois
Supreme Court has upheld the judg-
ment of the lower courts. The defend
ants who have been out on bail
pending appeals will now have to serve
jail sentences, running from four
months to a year, and in some in
stances to pay fines, unless by some
technical ruling not now foreseen the
United States Supreme Court agrees
10 look into the case.