The Waterbury Democrat., 1942-03-30
SUPREME COURT
GIVES FINDINGS
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unanimous. One held that enact
ment Of the National Labor Rola-
tions Law did not prevent states
from enaotlng their. own labor peace
statutes, specifically Wlsconsln's.
The other set aside 0 New YORK
state court injunction which pro-
hihited peaceful pioketing In q New
York City labor controversy.
ut Il true that by peaceful pickett
Ing worklngmen communicate their
grievances" Frankfurter said, "As Q
means OF communicating the facts
OF a labor dispute peaceful pickett
Ing may DO o phase Of the consti-
tutlonal right Of free utterance.
"But recognition OF peaceful
pieketing as an exercise OF free
speech does not imply that the
states must be without power TO
confine the sphere Of communion
ton to that directly related TO the,
dispute. Restriction OF pioketing to
the area OF the industry within
which q labor dispute arises leaves
open 10 the dlsputAnts other traui-
tional modes Of communication,
ITO deny 10 the states the power
TO draw this line Is to write into the
constitution he notion that every
instance Of peaceful picketing--
anywhere and under any circuSI1-
stanoes--is necessarily phase OF
the controversy which provoked the
pieketing.
"Such q view OF the due process
clause would compel the states TO
allow the disputants IN particular
industrial episode 10 conscript nett
trails having no relation to either the
dispute or the industry In which II
arose,
"It Is not for us 10 assess the Wis
dom Of the policy underlying the
law OF Texas, Our duty IL at an end
when we find that the fourteenth
amendment does not deny her the
power TO enact that policy into law"
The dissenting Justice contended
that the pieketing was o means OF
communication protected by the
free speech and press provisions OF
the Constitution.
Last year, In q split decision also
delivered by Frankfurter, the court
placed It's first recent curb on union
picketing, ruling that state courts
may bar peaceful picketing II 10 Is
closely linked with or performed
"ln context" Of violence.
NNVv XOFk CaaN
Washington, March 30.-(UP)-
The supreme court today set aside
q New York state injunction wheih
prohibited peaceful pieketing IN
o New York city labor controversy
In a unanimous decision delivered
by Justice Robert II, Jackson, the
high court reversed the New York
court OF appeals and nullified an
Injunction against losal OF the
ALL Transfers Union fc!biddlng the
pioketing OF manufacturers and Gus.
toners dealing with two independent
peddlers OF bakers products.
The court Eaid In rs opinion,
however, that q state Is not required
to tolerate In all places and al
circumstances even peaceful picket
ing by an individual"
The union and the pedlers-Hy-
man Wohl and Louis PlatzmaTl--
placed divergent interpretations on
the activities Of the union In picket
Ing the places where the two men
procured their wares. The pedlers
bought from wholesalers and de-
livered and sold 10 retail bakeries,
All agreed that the specific OBJ
ject Of the picketing was 10 force
Wohl and PlatAnan, who worked
seven days q week, TO hire union
driver for one day at o wage Of so
But the union contended its
main purpose was to combat the So
called peddler system OF bakery de-
livery. The peddler, II argued, Is
In the same economic position as an
employee being economically SUBJ
servient," yet Ia called as an inde-
pendent contractor working for less
and depressing working conditions
Picketlng TO fight that system, II
was argued, Is protected by the free
speech provisions Of the constitu'
ton.