Evening star., 1945-01-08
Courtvoids
Texas Labor Act
In n5.4Decisiion
Requirement Thot
Organizers Register
Held Unconstitutional
BY J. A. FOX.

decision, today held unconstitu-
tional Texas law requiring reg
istration of paid labor organizers
with the State secretary before
they may solicit members within
the State.
The decision sets aside the convic-
ton Of r. j. Thomas, president Of
the CIO United Auto Workers and 4
CIO vice president, who was fined
500 and sentenced to three days in
jail for speaking at union mass
meeting September %. 1943, without
registering with the State and OBJ.
tanning an organizers card.
Justice Rutledge read the MAJOR
.:ty opinion. Chief Justice Stone and
Justices Roberts, Reed and Frank
furter dissented
I'VE think the statute as 1t was
applied in this case imposed previous
restraint upon appellants rights of
free speech and free assembly and
the judgment must be reversed" the
majority opinion said.
Comparison Cited.
LII O SOAISdAl oPll1lOll. cu0JlOC
Jackson expressed the belief that
free speech on both sidSs and for
every faction on any side of the
labor relation Is to me a constitu-
tional and useful right, but / must
admit that in overriding the find-
ings of the Texas court we are ap-
plying to Thomas a rule the benefit
| of which II, a II II t,roa dt1, o,,d y;onr
this court denies to employers
in National Relations Board cases."
He pointed out that tie Texas
courts had held that the fact that
Mr.. Thomas had urged all to join
his union made his speech, some
thing else than speech; that it
was solicitation.
Texas had defended the statute
as an exercise of legitimate police
power, and on this the court said:
That the State has power to reg
ulate labor unions with view to
protecting the public interest is, as
the Texas court said. hardly to be
doubted. They cannot claim special
Immunity from regulations. Such
regulation, however. whether aimed
at fraud or other abuses, must not
trespass upon the domains set apart
for free speech and free assembly.
IL Free Speech Rulings.
+ The dissenting opinion said the
/ right TO free speech Is basic concept
Of this Government and that the
! Supreme Court has in long series
of cases upheld this right, but
added:
'Not until today, however, has II
been questioned that there was any
clash between this right to think
ones thoughts and to express them
and the right Of people to be pro-
tected in their dealings with those
who hold themselves out in some
professional capacity by requiring
registration of those who profess
to pursue such callings."
Justice Roberts added that doc
tors, nurses, lawyers, notaries,
bankers, accountants, insurance c e
agents and solicitors of every kind in
every State have traditionally been
under duty to make some identified
t1on of themselves as the practi-
tioners of their calling"-one of the
principal arguments advanced by
: the State of Texas in defending the
5 statute Z
THE position taken in the court,
I opinion that in some way the statute
: interferes with the right to address
meeting, to speak in favor of q
labor union, to persuade ones fel-
: lows to join union or that at least
t its application in this case does, OF
S may accomplish that end is in my
: judgment without support in tn.
record"
: Called Business Associations.
4 Justice Roberts said that the labor
t unions are business associations arlc
e their object is generally busines.
4 dealings or relationships, as is mani.
e fest by the financial statements o.
: some of the national unions
: The dissenting opinion said thai
4 men are persuaded to join unions
t Tor business reasons just as EN-.
t ployers join trade associations. ane
t that other paid organizers could b,
: required to identify themselves a.
!. Texas demanded.
There is no reason why labo,
! organizers should not do likewise.
Justice Roberts said. IT think thai
( IT any one pursues solicitation as
{ business for profit, Of members fol
any organization, religious, secular
8 or business, his calling does not bal
the State from requiring him t.
identify himself as what he Is. /
I tfpaid solicitor"
Q The Thomas case was twice argued
A in the Supreme Court. The htiga.
: ton developed from an expressed
r move by Mr.. Thomas to challeng,
r the statute. He went to Pelley, Tex.
E to address a meeting of the OF
$ (See SUPREME COURT, Page A-4.
: 3 Sentenced in Plot