Evening star., 1942-03-30
Court
Continued From First Page.

Of Labor teamsters' union In New
York had the right to picket two
peddlers OF bakery products in an
effort to induce them to employ a
union relief driver on Sunday in
stead OF working seven days q week
themselves.
Free Speech Not Abused.
New York courts had enjoined the
picketing which the union described
as a protest against the economic
and social evils Of the peddler sys-
tenn" alleging it was a device by
which baking companies avoid the
necessity of maintaining their own
delivery routes, with union drivers"
of their product instead
through the peddlers who operate
independently
Justice Jackson-speaking also for
Chief Justice Stone and Justices
Reed and Byrnes Justice Roberts
did not participate) said it was not
indicated that there was an actual.
or threatened abuse Of the right. to
free speech through the use of ex-
cessive picketing"
The other members OF the court
took the stand that the New York
law under the picketing injunction
was issued. Is itself defective, and
that the court so should have held.
Anti Trust Law Violation.
In the Texas case. Justice Prank
furter spoke for the majority in
ruling that two A. F. L. unions had
no right 10 picket a Houston cafe in
order to present to the public con-
tentiOns that the owner had granted
a contract for construction . mile
distant to . person asserted to be
unfair to the unions. Justice Frank
further said the picketing consti-
tuted q violation of the Texas anti
trust law.
Recognition of peaceful picketing
as an exercise of free speech" JUS
tice Frankfurter asserted, does not
imply that the States must be with
out power to confine the sphere OF
communicat ton to that directly re-
lated TO the dispute.
Restriction of picketing to the
area of the industry within which a
labor dispute arises leaves open to
the disputants other traditional
modes of communica ton"
Four Justices Dissent
Justices Black, Douglas. Murphy
and Reed dissented on the ground
that restriction of the picketing by
Texas violated constitutional guar
antees Of free speech. Justice Black
contended that the information
which they were privileged to i'm
part and the public was entitled to
receive"
Justice Douglas delivered the
unanimous opinion on the Wiscon-
sin litigation growing out of a 1889
strike By local of the United Elec-
trical, Radio and Machine Workers
OF America at the Allen Bradley Co
of Milwaukee.
The decision was narrowed to the
issue of whether the order was in
valid and did not pass on the ques-
tiOn raised in arguments of whether
the State act would be unconstitu-
tional if shown to be contrary to the
National Labor Relations Act.
Justice Reed delivered the decision
in the Labor Board case applying to
a closed shop agreement between
the Electric Vacuum Cleaner Co.,
Inc, of Cleveland, Ohio. and five
A. p. l.. afhliates.
The decision to which Justice
Roberts dissented, said that TO per-
NIT employer interference prior to
the execution of closed shop con-
tract, as soon as q bare majority of
employees had properly selected their
representative, would 60 far to re-
store the type of company union CO.
ordination in labor matters which
the tWagner) act forbids."
The Labor Board had contended
that the company aided the fedora
ton afhliates in opposition to an
attempt to organize q local of the
United Electrical and Radio Workers
Of America, c. I. o. affiliate.