Evening star., 1940-04-23
High Court Restores
Peaceful Picketinq
Rights in2States
Labor RivoIs Victorious:
D. c. Bonk Cose
Denied Reconsideration
BY ]. A. FOX.

The right of labor to picket peace
fully was entrenched behind two
decisions Of the Supreme Court
today.
BY a vote of eight to one, the
court yesterday declared invalid
anti-picketing laws of the State of
Alabama and Shasta County, Calf,
under which members of the rival
American Federation of Labor and
c. I. O., respectively, had been con-
victed.
The decision of the court was
read by Justice Murphy, the new
est member, whose administration
as Governor of Michigan was
marked by the bitter strikes of the
automobile industry.
The unions challenged the laws
as an infringement of the consti-
tutional right Of free speech, press
and assembly.
I'm the circumstances of our
times the dissemination of informa-
ton concerning the facts of labor
dispute must be regarded as within
that area of free discussion that
is guaranteed by the Constitution, !"
the court said.
McReynolds DisSents.
Justice McReynolds dissented, but
did not write an opinion.
The court failed to act on an
other important labor case-Apex
Hosiery-Where the liability of a
union for damages growing out of
a sit-down strike is at issue. The
decision now is delayed at least
until next Monday.
The Alabama picketing case
reached the Supreme Court on an
appeal by Byron Thornhill, presi-
dent of creosoters' union affiliated
with the A. F. of L., who had been
fined 500 in State Circuit Court
for violating the law prohibiting
"loitering and picketing" in connec-
ton with strike at the plant of
the Brown Wood Preserving Co. at
Brownville, Ala. The defendant.
whose conviction was upheld by the
Alabama Court of Appeals, had
urged another worker not to re-
sumo employment until the strike
was settled.
The range of activities prescribed
(by the law, whether characterized
as picketing or lettering, or other
wise" the court said, embraces
nearly every practicable, effective
means whereby those interested-in-
cluding the employees directly af-
fected-may enlighten the public on
the nature and causes of a labor
dispute. The safeguarding of these
means is essential to the securing of
an Informed and educated public
opinion with respect to a matter
which is of public concern
| Answers Peace Contention,
To the contention Of the State
that "the purpose of the challenged
statute is the protection of the COM
munity from the violence and
breaches of the peace, which, it as
serts. are the concomitants of picket
ing the court responded:
The power and duty of the State
to take adequate steps to preserve
the peace and to protect the privacy
the lives and the property of its
residents cannot be doubted. But no
clear and present danger of destruc-
ton OF life or property, or invasion
OF the right of privacy. or breach OF
the peace can be thought to be in
herent in the activities of everv
person who approaches the premises
OF an employer and publicizes the
facts OF labor dispute involving the
latter"
In the California case, John Carl
son, striking member of the Con-
structlon Workers local of the C. I
O., was fined $25 for picketing de-
signed to induce members of the A
F. OF L. to leave the Delta tunnel
project near Redding, where mem.
oers OF the wly-organized c. 10
group had been denied re-employ.
ment when the work reopened afte,
shutdown due to the weather.
or this ordinance, which prohibits
picketing and carrying signs and
banners, the court said: THE sweep-
Ing and inexact terms of the
ordinance disclose the threat to free
dom OF speech inherent In its
existence"
Deny Bank Case Reconsideration.
In another action the court re-
fused to reconsider its recent de-
clsion barring receivers of the closed
Commercial National and District
National Banks here from recover
ing about $550,000 for general dis
tribution, which it was declared had
represented secured deposits the
Government collected when the
banks closed seven years ago.
In other decisions the court:
Gave the Government a victory
by outlawing an agreement by which
San Francisco transfers to a private
power corporation electric energy
generated at the Hetch Hetchy
hydroelectric project. Government