The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1950-01-26
Eight Unionists
Are Denied Due
Process Of Law

Process OF Law
Rome, Ga. (LPA)-Eight trade
unionists went to Jail here Jan. 20
because they were found guilty Of
crime they did not commit and
for which they never were tried
according to attorneys.
To support their contention, the
union lawyers quote Justice Hugo
Black of the US Supreme Court
who said on Jan. 8 that the eight
were "denied due process of law
However, the new temper of the
Supreme Court was clearly reveal
ed, the attorneys say, when Black
Colleagues disagreed with him and
refused to consider the plight OF
the convicted men on appeal from
the Supreme Court of Georgia.
(Justice Douglas was absent, still
recuperating from his fall from
a horse.)
The case arose in a 1913 dispute
between the Textile Workers Union
and the Celanese Corp, maker of
synthetic yarn. That, summer, the
union negotiated a 15-cent increase
with the American Viscose Corp,
setting pattern for the industry.
Celanese agreed to the raise for
its Cumberland, Md, plant and said
that when the Rome contract ex-
pired, shortly after, it would pay
the Is cents in Georgia.
However, when the Rome con-
tract came up, the company offered
just under 10 cents, and rejected a
union proposal to submit the issue
to arbitration. In the middle of
August the workers walked out
and didn't come back until the COM
pany caved in and gave Is cents in
December.
In October, the company went to
a Georgia judge and got an injunc-
tion limiting the pickets to two and
forbidding Intimidation or coer-
cion." SO far there had been no in
timidation or coercion, nor was
there to be any by the union. But
the union deliberately violated the
picket restriction by sending out
pickets in great numbers. Scores
of pickets were arrested for con-
tempt of court and summonses
were issued for others. By the
time the strike was settled in Dec
ember 1913 the eight men now in
Jail had been found guilty, fined,
and given sentences ranging from
10 to 20 days.
AS is customary, the terms of
the strike settlement included an
agreement to the Celanese Corp.
to drop court actions and reinstate
all workers without prejudice.
Since the contempt was civil con-
tempt" the contempt actions be-
came meaningless when the injunc-
tion became meaningless and was
removed, the lawyers contend.
However, the judge refused to
withdraw or modify the penalties
he had imposed.
To the union attorneys, it looked
like an easy case to win on appeal
because the eight unionists were
specifically judged guilty of civil
contempt" But the Georgia Sup
RENE Court to the lawyers sur
prise, ruled that the men were
guilty of criminal contempt, quite
another matter. Moreover, the men
never had been accused of criminal
nor had they been tried
for it. This meant the fines had to
be paid and the Jail sentences ser
we'd.
Although the Jail sentences are
brief, Celanese says it won't take
the men back when they are releas-
ed. Unless the union can win their
through the grie-
vance machinery of the contract
they are out of luck.
The Celanese case is not unique,
in the south, where
unions seldom get break in state
courts. Spokesman for the Textile
in a memorandum sent to
members of Congress, say that the
only remedy is to remove from
state courts the power to issue in
functions in labor disputes affect
ng interstate commerce.