Evening star., 1939-02-28
Court Decision 5trips
Sif-Down Strikes Of
All Legal Rights
Supreme Tribunal
Administers 3 Defeats
To Labor Board

The sit-down strike today bore the
brand of illegality.
Passing for the first time on this
weapon of industrial warfare, the
Supreme Court declared yesterday
that it was "high-handed proceed
ing without shadow of legal right"
which stripped participants of the
protection of the National Labor Re-
lationS Act.
The opinion of the court read by
Chief Justice Hughes, was rendered
in the case of the Fansteel Metal
lurgical Corp. of North Chicago, ILL.,,
where the National Labor Relations
Board had directed the reinstate-
ment with pay of strikers who had
taken possession Of two "key" plant
buildings, and were only evacuated
by force after twice resisting sheriff's
forces, armed with a court order to
break up the stidoWn.
Labor Chiefs Silent.
There was no immediate comment
Forthcoming either from John l..
Lewis, chairman of the Congress of
Industrial Organizations, whose af-
filiate, the Amalgamated Association
of Iron, Steel and Tin Workers of
America, was involved, or from
William Green, president of the
American Federation of Labor,
which has condemned the sit-doWn.
Senator Wagner. Democrat, Of
New York, author of the Labor Re-
lations Act, said he always had
taken the view now enunciated by
the court; Senator Burke, Democrat,
of Nebraska, a consistent critic of
the administration of the act, said
the decision should be helpful and
would bring support for proposals to
amend the Labor Act
Senator King. Democrat, of Utah
said the court action would be re
assuring" to the country. and Sen
ator Minton, Democrat, OF Indiana,
while expressing approval of the
sit-down condemnation, said oppo-
nents of the act undoubtedly would
try to use this decision to stir up
propaganda against the act"
The decision was one of three
handed down yesterday by the Su-
preme Court in which it upheld low
er court rulings invalidating Labor
Board orders. These were the first
important defeats administered the
board since the act was passed IN
1885.
The other two cases involved the
Columbian Enameling and Stamp
ing Co. of Terre Haute. Ind, and
the Sands Manufacturing Co. OF
Cleveland, makers OF hot water
heaters. In both instances there
had been strikes which the Labor
Board held were traceable to unfair
labor practices in their findings,
which also required the reinstate-
ment with pay of the strikers.
In the three cases, the Supreme
Court divided So, with Justice
Frankfurter not participating.
In the Fansteel decision, Justice
Stone concured in part and Justice
Reed and Black dissented in part.
Justices Reed and Black also dis
sented in the other two cases.
Refuse Review in Conviction.
Shortly after the Fansteel deci-
sion had been rendered the court
refused to review the conviction of
the 80 strikers for violating the
strike injunction.
The court refused also to review
an appeal by the American Potash
& Chemical Corp. of Trona, Calf,
from Labor Board orders to REIN
state II discharged workers. The
company contended the board did
not have jurisdiction and that a
full and fair hearing" had not
been granted.
s. S. Kresge Co., operating
chain of stores, failed to get re-
view of decision by the Eighth
Federal Court that the Federal
Court had no power to halt picket
ing of Kresge Stores in st. Louis.
In a case from Louisiana the
court, in an opinion by Justice
Black, held that a murder convic-
tion of colored man was invalid
because persons Of his race were
barred from the grand jury that
indicted him. AS a result Hugh
Pierre of Lucy, La, sentenced to
hang for killing white man, will
get a new trial. Pierre, a cripple,
IL ~ L1f>