The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1939-11-17
u.s.. DISTRICT COURT
DECISION
Held Destroying Basis For
Indictments of Union Chiefs
In Two Cities

Federal District Court decision re-
Gently handed down in New Orleans
destroys the basis for the indict-
ment of union officials in Washington,
d. c., and ST. Louis under the Amer
lean Federation of Labor.
The indictments accuse officials of
the Teamsters Union in Washington
and the Carpenters Union in ST. Louis
Of conspiracy in restraint of trade on
account of jurisdictional disputes and
strikes. Padway pointed out that
Federal Judge CASTOR L. Porterie in
the New Orleans ruled:
"Such competition between labor
unions is lawful and the acts pleaded
in furtherance thereof, even to the
extent of threatening strikes in fur
therance of such lawful object, are
lawful and proper. There can be no
conspiracy to perform lawful acts in
furtherance Of lawful purpose"
Ruling Highly Important
Padway represented group of
building trades unions in New Orleans
who were sued by members of the
CIO because they refused to recognize
the jurisdiction of the CIO over
certain types of work and threatened
to strike if the work went to CIO
members. The CIO charged violat-
ion of the Sherman antitrust law
Judge Porterie dismisser the suit on
Nov. 2. In discussing the decision,
Padway said:
"This is highly important ruling,
not only in its immediate results but
also as it affects the new notion adj
vanced recently by the Department OF
Justice that it can proceed to indict
union officials under the antitrust
laws on the basis of jurisdictional
strikes
"This policy is a reactionary and
retrogressive mistake. 1t flies in the
face Of the liberal construction placed
on the antitrust laws as they affect
labor in the last 25 years. AS Judge
Porterie stated in his decision:
"Historically in the United States
the tendency is to make it harder anc
harder for the activities of labor tC
form the basis of violation of the
Antitrust Laws. See Clayton Act OF
1914, amending the Sherman Act OF
$780,
Clayton Act Provisions
"Let us see, as the Judge suggests
what the Clayton Act says. In section
it declares that the labor of human
being is not commodity or articye
i of commerce and it goes on:
''Nothing contained in the Anti
Trust laws shall be construed to for
bid the existence and operation Of
labor, agricultural or horticulture
organizations, instituted for the pur
pose of mutual help, and not having
capitol stock or conducted for profit
or to forbid or restrain individual
members of such organizations from
lawfully carrying out the legitimate
| objects thereof; nor shall such or
ganizations, or the members thereof
be held or construed to be illegal com
/ binations or conspiracies in restrain
! of trade, under the Antitrust laws.
apparently the Department o
Justice is now trying to get around thu
clear language of the law by contend
ing that union organization IN call
ing a jurisdicitional strike is no
lawfully carrying out the Legitimate
objects of the union. This is shallow
tricky and untenable reasoning.
"No matter how much we deplor
the existence of jurisdictlonal dis
putes, no mater how eagerly we hop
that such disputes can he compose
by agreement or mediation, the fac
do carry out the legitimate objects 0
union because the object of sue
strikes is organization.
GAS Judge Porterie pointed on
when two unions compete for the righ
to organize and represent group Q
employees they the pursuing lawfu
object. When one of the unions re
sorts to strike and peaceful eco
nomic pressure to carry out its lawfl
objective, such a strike cannot b
held in law or logic an illegal viola
tion of the antitrust laws"