Evening star., 1939-10-20
A. F. of |. Seeks
To Quash
Antitrust Case
Asks Indictment
Of Teumsters' Union
Thrown Out of Court

Inc American Federation OF La
Dor moved today to have thrown out
OF court an indictment charging one
OF its member unions, the Interna-
tional Brotherhood of Teamsters,
with conspiracy in violation of the
Sherman Antitrust Act-an in
dictment which the Federation's
counsel contends would take labor
back nearly $50 years if sustained.
A demurrer and an alternative mo-
ton to quash the indictment, re-
turned last week against five off,
cials Of the Teamsters' Union and
the Teamsters' Local, No. 639, was
fled IN District Court by Joseph A.
Padway, chief counsel of the A. F..
Of L.
In the Justice Departments ini-
tial act to crush labor jurisdictional
disputes by invoking the antitrust
laws, the indictment charged the
teamsters with conspiracy to tie UP
public building and private con-
struction in the District by strikes,
boycotts and violence.
Contends Law Not Violated,
The motion to quash argued that
the indictment discloses "on its
face" that the alleged conspiracy
was formed and carried out for an
object and with an intent not pro-
hibited by any laws of the United
States"
A Justice Department statement
following the indictment said that
the sole object" of the conspiracy
was to replace members of the In
ternational Union of Operating En-
gineers, Local No. II, with members
OF the teamsters' Washington or
ganization, the Drivers, Chauffeurs
and Helpers Union, No. 63e. This,
the A. F. of L. contended today, is
not In violation of Federal law. The
motion further contended that the
indictment is indefinite vague and
uncertain" and does not fully inform
the defendants of the charges
against them.
Mr.. Padway told reporters that if
q conviction results in this case
labor will be set back to 1906 when
unions were declared unlawful con-
spiracies."
'The Norris-La Guardia Act (1a3a>
permitted labor unions to strike for
furtherance of their organization, I"
Mr.. Padway contended, but the
government in this case is taking
tne view that they cannot"
Terms Of Indictment.
The indictment stated that the
ceamsters, in their determination to
WIN a jurisdictional dispute with the
engineers over the operation of tram
Bill concrete mixer trucks in WASH
mgton, employed methods that were
"unwarratned, unreasonable and on
pressive" and resulted in the re.
stralnt OF trade and commerce in
materials used in the local building
construction industry.
You might say" Mr.. Padwav
commented outside the court room.
that the American Federation of
Labor Is anxious for the quickest
action possible in this case so it NAV
be taken to the Supreme Court, if
necessary"
Justice Peyton Gordon announced
that hearing on the demurrer and
motion to quash will be held at l
pm. next Wednesday.
The A. F. of LIS motion contended
at another point that the alleged
conspiracy and the acts accompany
Ing the same" are expressly exempt
from the operation of the Sherman
Antitrust Act by provisions of the
Clayton Act.
Named in Charges.
The indictment was returned
against:
Thomas P. OBrien, representative
Of the International Brotherhood of
Teamsters, Chauffeurs, Stablemen
and Helpers of America.
Stuart M. Keyser, recording Sec
retary and business representative of
Local $50 of the Brotherhood.
Charles ]. Bell, president and bus
1ness representative of Local 639.
Linwood A. Trainham, secretary
treasurer and business representa-
tive of Local 639.
Aubrey w. Stream, business repre-
sentive Of Local 639.
Local 500 as an organization.
The union offifficials, required to
post bonds totalling $1,000, all ap-
peared in court today. Justice Cor
don allowed continuance of present
bonds.
The indictment represented the
f1rst court action locally resulting
from Justice Department inves-
tigation of the building construc-
ton industry in number of cities
throughout the country. Grand jury
proceedings are in progress in sew
seral localities, but no other action
has been taken.
Conference With Murphy.
A. F. of L. leaders, headed by
President William Green, prepared,
meanwhile to participate in q
conference with Attorney General
Murphy at the Justice Department
Tuesday, the day before the courts
hearing In the demurrer and mo-
ton. in connection with the depart
ment's investigation of the build
ing industry.
The conference was to have taken
place yesterday but department OH
caals announced Its postponement.
The local action against the team
>sters on the part of the Government
Is expected to be discussed in detail
The District Court grand jury act
ed with unusual speed in returning
fne Indictment q no ipct fbn an -. 81 arr
in little more than "a hours after
taking the case under consideration
Ten witnesses from construction
companies and labor unions were
questioned before the jury by Gordon
Dean and Walter Hutchinson, spe-
cial assistants to the Attorney Gen
eral, and Howard Boyd, assistant
United States attorney.