The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1947-04-17
SUPREME COURTS DECISION

SUPREME COURTS DECISION
THE NATION misses in current Supreme Court opinions
that vgor of thinking and understanding OF national
fe with opinions rooted in actual living to which we were
when the Courts resulted d from 9
reflected in decisions and future law reflected dissent
decision ateul for the development of democracy
lis content with merely meeting the needs of the Admins
traton The historical data upon which it depends to JUS
y injunction crumbes before the broader
ncsve legislative record assembled by Justice Frankurter
Five Supreme Court justices agreed upon an opinion ana
the sustaining facts.
Justice Frankfurter concurred this opinion under the
majority rule but disagreed the authority OF federal
courts under the War Labor Disputes
Acts issue injunction in labor dispute He concurred
criminal contempt to vndcate the process of law against
determination by the accused He held that mining
remained essentially private industry u..o.o
opinion holding that both the NorrLaGuarda and the War
injunction in labor dispute in private employment but held
that miners now government employees They agreed
with the judgment for civil but not for criminal contempt and
held the entire fine should be conditional.
Another member, Justice Murphy, wrote dissenting
opinion holding that while it imperative that govern
ent the economic health the nation
dire distress here and abroad ose factors do not permit the
ing according the grave exgences of the moment
Such disregard may ultimately have more disastrous
acton acd o labor IN obeyng void court
order The of orderly constitutional government i'll
served by msappyng the law as is written Inadequate
though be- to meet emergency SITUATION especially
where that misappcaton permits punitive sanctions to be
placed upon Individual organization"
Justice Murphy further held that punishment for GRIM
na contempt forbidden except where there had been
dsobedience of lawful writ process rule decree or com
mand of He urged complete reversal of the Courts
decision.
The ninth member, Justice Rutedge, asserted that the
Norris Act prohibited the of the injunction
in all labor disputes and that Congress had excluded this
providing for enforcement in the War Labor Disputes
Act He added that civil and criminal contempt proceedings
should not be Jumped together and punhmens there
for should be kept separate in order to protect the individuals
rights person charged with crime has constitutional
mite colleagues
excessive he contended due to the merging OF civil
proceedings with criminal with attempt at specific ao
cations His opinion ended thus
No right is absolute. Nor is any power governmental
other system There be question that it
vdes power the greatest Equally certain
that under "a of laws and not of men, such
possess must be exercised according to law and
government including the courts well the governed
must within it's limitations
No man group above the law. All subject to
it's valid commands. So the and the courts
IT, think, Congress has forbidden the of labor in
functions in this and like that conclusion is the end of
function And if modification of that policy to be made
for such that problem is for Congress in the first IN
stance not for the courts
this decision cannot find clear guidance in the Courts opinion
These committees have been seeking devices for furnishing
hamper union functions The committees have not under
taken study of where collective bargaining of indus
trial peace for periods of fifty in order to provide
public services supp!emenng private efforts and atmos
phere favorable to the OF collective bargaining
There is in operation in the majority of business
projects economic set by contracts be-
tween these homogeneous unions OF Cer employees
good will and the necessary information economic govern
men solve the problems of joint relations in ways making
for subaned Economic government emerging
from war controls Our economy has recently undergone
transition such other country has accomplished and
now has 55520OOO employed out of labor force of So
600 We not only supplying needs but are
helping other nations in trouble.
We, the country with the greatest free enterprise sys
in the world must make plans and regulations for
labor accord with the spirit and procedures of free enter
prise. Our destiny depends upon willingness to let all
functional groups share in free enterprise Should Congress
lose faith the responsibility of free institutions and shacke
labor labor will be forced to seek domination order gain
freedom 1t is better for all that abors right share
enterprise be accepted basic national plans for prog
resS.
GRAXEDIGGERS OE FREE ENTERPRISE