JUDICIAL TYRANNY RUNS HIGH
JUDICIAL TYRANNY RUNS HIGH Injunction Ordering Electricians to Work Six Days Issued; Reversal Won by Union But the Danger Continues THE UNITED STATES is the one country in the world ¦ where the...
...The ultimate aim is the development of old-age amwmjr plana, or other thrift plana with old-age protection aa the Bounding objective, throughout industry generally...
...By ygotiitinn with the Electrical Contractors' Association the gnkn obtained the 5-day week and adjustment of wages ftom $12 to $1320 per day...
...What coald be clearer 'Una tats that the National Chrtc Federation is diametrically appeal J to (as policy of the American Federation of Labor with regard to old age pensions...
...At this conference the pension schemes of various corporations were discussed, while P. Teeumaeh Sherman, Chairman of the N. C. F. Committee on Old Age Annuities, presented recommendations for private industrial pension plana and vigorously attacked old age pensions by the state, 7.—On December 37, 1937, the Industrial Welfare Department of the National Civic Federation issued a statement to the pram purporting to be a summary of the report of the Industrial Welfare Department on old age dependency...
...How far that would apply toward hospital care or toward private support outside of Institutions under the high cost of living standards la aa interesting phase of this subject" 5.—James H. Maurer...
...Process servers have been unable to enter the headquarters of the union, the buildin...
...They built up the Labor Party as a power to serve them in Parliament and in the local governing bodies...
...VhMhutrial Welfare Department deserib• hseif officially as an "Educational Moveto Secure Improvements in Working y living Conditions of Employees by '•jNeyers.' In other words, it stands for that ¦¦kleos welfare work which the American ^¦¦ration of Labor.has been doing its atpp* to combat...
...In this case Daugherty wore no mask in the injunction issued against the railway shopmen in 1922...
...Proponents for old age pensions paid by the State Governments, in their Standard Blft ask for a compensation of one dollar a day at seventy years of age to keep the aged out of the almshouses...
...Woll never made public comment an this report...
...An injunction to deshay what had already been accomplished by peaceful negomhons is the amazing phase of this controversy...
...3.—In July 1938, the Industrial Welfare Department issued "Old Age Annuities: a Practical Quids for an Economically Sound Solution of the Pension Problem," prepared by the Committee on Draft, Old Age Pensions Committee, the members of which were B. Teeumaeh Sherman, James E. Kavaaaugh of the Metropolitan Life Insurance Company, Arthur Williams, James W. Sullivan, Wtniam J. Graham of the Equitable Life Assurance Society, and Frank V. Whiting of the New York Central Lines...
...No wage earn**are members of the last two departments...
...a Republican, to* follow the example of his Democratic predecessor in office...
...anther Mr...
...This week in New York City the injunction has taken a aew turn which involves the Electrical Workers' Union...
...The Those Headlines read: "Finds Few Over 65 Among Destitute-—Civic Federation Study Shows that Old-Age Dependency is Over-estimated —Balk Have Some Manna . . ." Baaed upon those press statements, various noaeoaa Interested in the problem of the afed heatenejsd to express their doubt as to the validity of tan earn jjanona at which the Industrial Welfare Department had arrived...
...In February 1933, when the Fraternal Order of Eagles was making its drive for old age pension laws before various state legislatures, the federation published a report by B, Tecumseh Sherman for the Industrial Welfare Department in which the bill proposed by the Eagles war discussed...
...This press release was worded in such a way aa to minimize the extent of the needy among the aged...
...Despite the facts, the judge through whom Daugherty acted said that the shopmen "held the government of the United States in contempt...
...J**Tfce Local Insurance Department Saelsl Insurance Department inquired into old *a* minimis only incidentally, when it sent abroad lyftUes in 1914 and 1920 to study social inaurS» The am committee consisted of J. W. BuIH^*ao hold* a card in Local « of the InternaPP Typographical Union...
...NHL Bur years American trade onions have stood for state old age pensions as * of the veteran of indnstry and op¦¦ad private industrial pensions aa a snare ¦* the worker...
...The letter of Easley to Woll in reply to Maurer was never sent to Maurer but circulated among...
...e I will use the powers of the government to prevent the aabor unions of the country from destroying the open shop...
...The concluding paragraphs of the report follow: "We believe that, as already explained, by centering attention first on perfecting existing pens'on plana, definite progress can best be begun...
...then president of the Pennsylvania State Federation of Labor and president of the Old Age Commission of Pennsylvania wrote an open letter to Mr...
...Bat that injunction hurt him when his backers tried to sell bah to the Democratic convention in 1920...
...Masked Motive* of Bosses We are living in a world of masked motives and the cononct which is cited by the building bosses is not the real rtsjon for their action- If the electrical workers get the 5dty week other workers in the building trades will plan to get it Triumph of the 5-day week in the whole industry Oantd also inspire workers in other industries to strive for "It""So the action ttTbeat the electrical workers in this issue k an action to arrest the struggle of wage workers in general {pan realizing the shorter work week...
...Easley to Mr...
...being barred by 200 members of the union...
...As a matter of fact about three weeks elapsed before copies were available to the general public...
...Woll, However, remained afloat...
...Arthur Williams, until riyfr vice-president of the New York Edison ?*»*»y...
...A third party stepped in and obtained a temporary injunction to restrain the two parties from carrying out their agreement far the 5-day week...
...For that is only a first step...
...A few years ago it held a slender tenure of power as the Government and the party now looks forward to the next few years when it will become the Government with a substantial majority behind it in Parliament...
...The Danbury hatters decision had hung like a sword over every labor organization in the United States...
...An open shop attorney of the building trades bosses theratened to jail the 8,000 memhen of the union for violation of the penal code which forbids "conspiracies'' to obstruct justice...
...By the might ¦f his injunction the "strong man" would through starvation of women and children force the miners back into the mines...
...Woll...
...Here again in the United States we still labor under the menace which the British workers faced thirty years ago with the injunction process taking new and surprising forms each year and trade union treasuries still at the mercy of the employing class...
...Sherman in his letter of transmittal: 'Teualuue, whether contributory or non-contributory, do not provide adequately or appropriately for chronic invalids, or defectives, among the aged, who constitute the largest part of the almshouae population, aa la clearly shown in the summary of the report of the Woman's Department...
...When they speak frankly of these views, as they only occasionally do, we get opinions like those quoted above...
...The trade unions collected nearly $215,000 to pay the threefold damages awarded D. E. Loewe St Company...
...William B. Wilcox, chairman of the Department, had the effrontery to state that there was no demand on the part of labor for old age pensions In this country...
...In 1921 the Supreme Court wiped it out in one bold decision and thirty years of labor agitation had nothing but dead sea fruit to show for it...
...Waft as actmgfra aidant of the Matlooal OMc Federation la with the National CrrieTederattsn on the amotion of aid age pensions or against it It he has snr voiced has opposition to what the national Otsfa Rederaftan baa dona we never heard of it...
...The settlement being satisfactory to the two parties concerned, it would seem that this settled any controversy that may have existed...
...Later, when an estimate was made of what the decision had cost all the trade unions who had rendered assistance, it was found that the total cost to them was about a million dollars...
...It is frankly admitted that the Industrial Welfare Department had "the ultimate aim of promoting old age annuity plans throughout industry generally...
...The Expert Commltte on Old-Age Annuities eoasnsted of Sherman, William Graham, Tames E. Kavanaugh, Frank W. Whiting, aad Arthur Trmiaias...
...Fortunately, the decision came at a time when mdependeBt political action had become a theme of general discussion in the unions...
...Palmer believed that the nation via in need of a "strong man" for President...
...That issue is before a judge of the Supreme Court and has been decided...
...This judge went out of his way to define the duties of his office in relation to the owners of industry...
...In this letter the implication is made that Samuel Oompera waa hesitant about the value of old age pensions "on the ground that they would take away the incentive to strive for Individual improvement made possible by our form of government so dearly cherished by him...
...The third party is the Building Trades Employers" Association which asserts that the Electrical Contractors violated another contract with the big bosses which requires that wage 'agreements must be negotiated as a whole, not with the individual unions...
...The American Federation of Labor, it will be recalled, had been on record since 1907 In favor of such legislation...
...Nearly thirty years ago the British trade unions faced this danger of judicial tyranny...
...In 1906 the organized workers were strong enough to force through Parliament the historic Trades Disputes Act, which practically rendered the...
...Teeumaeh Sherman concluded as follows: "While condemning non-contributory old age pensions by the State, I am of the opinion that those who are interested in industrial welfare must be active to discover and promote some program which promises to lead to a condition wherein the mam of the self-respecting wage workers will be protected against indigency resulting from invalidity and old age...
...This remarkablev'victory for the unions made such a marked impression upon the members of the trade unions that the Labor Party continued to advance in power and prestige...
...It was next the turn of Attorney General Daugherty...
...Wo earn last week that Mr...
...The decision acted as an electric shock which stirred the whole labor movement to its depths...
...While the National Civic Federation was pretending impartiality, an old age pensions conference was held at the Bankers Club in New York City on April 39, 1937 under the auspices of the Industrial Welfare Department of the Federation, Not a single representative of labor was present...
...In conclusion, we would add that, in our opinion, the recommendations of this report call upon employers for nothing beyond essential Justice or which would not be economically advantageous to their industries...
...The National Civic Federa*** has taken a directly opposite stand, •hare has Matthew Woll stood on this qneefine National Civic Federation has taken ¦•••d age pensions throwgh three of iu de**anent», namely, the Social Insurance De~ MMsSLut, the Industrial Welfare Department **¦ the Women's Department...
...Mr...
...Worker* on the Tail Vale Railway were involved in a strike...
...They can save the situation for themselves...
...Meanwhile the anaapnnas articles were doing their mischief...
...The injunction process could hardly have gone further in the effort to enforce class opinions of the bosses and yet one year before a New York judge handed down a decision in a labor case that was still more astonishing...
...Woll asking him whether he approved of this letter in view of the fact that the American Federation of Labor and various constituent bodies had already committed themselves to old age pensions...
...There had been some cases of trade unions prosecuted under this act...
...In the ensuing years union after union registered decisions to act as labor men instead of at Conservatives and Liberals in politics...
...The power of the organized workers in' a Cohesive alliance for independent political action can effect as much good as it has abroad...
...The Coronado Decision The next year, 1922, brought a staggering blow from the the same source...
...Years ago in the Danbury jjjtters' Case three-fold damages were assessed against the fetters and many members o-f the union retained their homes aafy because the trade unions of the country raised the funds lo jay the award...
...The relationship of this report to that of the Industrial Welfare Department is indicated by this remark of Mr...
...British Labor Saves Unions Within five years after the Taff Vale decision the British working class through their powerful party were able to check the menace of the courts...
...The second committee con?y <f the same trio sad in addition Frederick L. jJS1*11- third vice-president and statistician of the Insurance Company of America...
...It was recognized that powerful as the onions were in industry they required political power to check the menace of hostile courts...
...For nearly seven years the labor sections of the act were thought to be law...
...The decision affirmed that trade unions could be prosecuted under the Sherman Anti-Trust Act and held for damages arising in strikes...
...In an announcement accompanying the letter it waa stated: "There is scarcely any social problem so involved and of such great magnitude as that of Old Age Pensions...
...8.- The report entitled "Extent of Old Age Dependency" was Issued an of January 1, 1928...
...an described previously...
...Maurer also accused the National Civic Federation of instructing its investigators ia Pennsylvania toobtain only anon infuamatlne sac will disprove the facts found by the various State Commissions, aad asps el ally those found by the Pennsylvania State Commission...
...No more important issue is before the trade unions of this country...
...Fortunately the final decision is in favor of the union...
...of Boston and Chairman of the Department, and by P. Teeumaeh Sherneaa The highly colored statements of thorn two triad to anew that the old age problem baa been sxtremolr exaav re rated...
...4.—Early fa 1987 the National Civic Federation sent oat a latter addressed to aft governors aad legislators, signed by Ralph ht Fa slay, ehalrmanof its Executive Council The letter in effect urged these governmental officials net to take any action aa old age pensions until the Pederasts* eould complete its investigation, then Just began with funds by the Carnegie Foundation...
...There are bills pending at present in twenty states, aad we have seat to key men in all states, having legislative sessions, the material se combat such bills as we understand that they ate te as introduced la others...
...Nothing in the law compelled them to...
...In one of his reports in 1916...
...In charge of the study waa Edmund ft Cogswell, an actuary who waa formerly eacsotary sistant Director of Research was John J. Main any, of the Massachusetts Commission on Psashma Aaformerly assistant to Cogswell ta Massachusetts and now associated with the Union Labor Late Insurance Company in Washington, D. C The Industrial Welfare Department relied upon the statistical report to give its study aa appealaata of impartiality, while the interpretation of the data was given by Charles L. Edgar, president of the Edison Illuminating Co...
...This was accomplished when the Labor group in Parliament was still numerically small but it made op in fighting spirit what it lacked in numbers...
...Foreign sanmrtoace an details that state pensions nave Increased pauperism Instead Of demaishlng tt and that they have apposed severe taxation hardens...
...When the Supreme Court decided the hatters case in 1915 the A. F. of L. executive reported to the convention two years later that the Clay* ton Act rendered a repetition unlikely because that act provided that "the labor of a human being is not a commodity or article of commerce...
...Having scrapped the labor sections of the Clayton Act, the Supreme Court followed this up with the famous Coronado decision aimed at striking miners...
...Time passes and the situation becomes more grave...
...The company sued for damages and it was awarded $115,000, the total amount, including costs, amounting to $210,000...
...The trade unions had worked for 24 years to get this law on the statute books and finally realized their aim in 1914...
...funds of the trade unions immune from suits by the employing class...
...The Coronado decision showed that this hope was unfounded...
...Under the law they could strike if they thought it wise to do so...
...If did not...
...WoH, although a vice president of the A. F, of has dosse njalhhag ha push state old pensions within the ranks of organised labor...
...It was called "Labor's Magna Charta...
...He said that the judges "must stand at all times as the representatives of capital, of captains of industry devoted to the principle of individual initiative, protect property and persons from violation and destruction, strongly opposed to all schemes of nationalization of industry...
...Now we aee that aa Actio* President of the National Qvie Fedoration he has permitted that ugantaamao to fight state old age pensions...
...The shopmen refused to accept a decision of the Railroad T^abor Board...
...For example, the New York World headed its account In this way: "Survey Reveals Majority of OB or More Years Are Not Dependent...
...Reversal Won by Union But the Danger Continues THE UNITED STATES is the one country in the world ¦ where the judicial process of the injunction has become § weapon to be feared by the organized workers and where courts have handed down decisions that jeopardize the very jjistence of labor organizations...
...Apparently old age penatona only concerned capitalists and their representatives...
...This practice has been contrary to the policy mi the American Federation of Loior...
...Prejudices Made Late In this case the policy of the employing class against the trade unions was given the status of judicial sanction...
...What hope could workingmen have in a court presided over by a man of such views...
...It is almost ten years ago that Attorney General Palmer ualuiTored to crush the strike of the miners and dig coal wih an injunction...
...The facts indicate that the National Civic Federation has opposed state old age peasseosee aad favored private mdnetrial fjnaataogsa...
...mala 0 "•tody of Soma American Almshouses...
...and that, while this report, for reasons indicated, is addressed largely to employers, it assumes the fullest cooperation with and by labor for the achievement of the common end—the security and welfare m old-age Of aft dependent upon Industry...
...He failed in both objects and in a third oat which many suspected...
...All that is required is the will and intelligence to undertake it...
...tt was I Heritable that the reports that |ajBn*were dead set agalas* social Insurance and If.—The Industrial Welfare Department 1.—From the beginning the Industrial Welfare Department of the National Civic Federation has worked aggressively for the introduction of old age retirement plana in industry...
...Nobody else can...
...J aulas W. MDtvan cooperated...
...and that arch reactionary, the lawyer, B. ^~"*a**fa Sherman...
...Civic Federation Fight On Old Age Pensions This is the fifth of a »erirs of articles in aaeso The .\e*c Leader in considering the aafctW of Matthew W oil, vice president of lit Amterican Federation of Labor, and their ralaffuiu to the policies of the American •¦la anion movement...
...The aim is to leave the impression that the problem of old age concerns only invalids and defectives and that even with old age penal one the almshouses would still be with us and, therefore, the State would be saved on expense...
...The learned judge read into his action the opinion of that class and himself on an issue that is as old as labor organization and employers organization in the United States...
...III.-The Woman's Department The Woman's Department of the National Civic Federation under the chairmanship of Miss Maade Wetmore of Newport, R. I., President of the Woman's National Republican Club, Inc...
...In the year 1915 the case of the Danbury hatters was decided after having been dragged through the courts since 1903...
...The prosperity of the nation depends on constructive legislation lxicked up by intelligent judicial interpretation and strict eiuurcement...
...With packed agaiant social msoraaea audi as jP...
...Too often judges act in accord with their conservative political and economic views...
...Then they were killed by a judicial decision...
...3.—It was at this time that Ralph M. Eaaley, Chairman of the Executive Council of the Federation sent out a letter to businessmen in which he wrote as follows: •If convenient, will you please send check to ear Welfare Department for 3100, to help in the campaign we are waging against non-contributory old age pensions...
...The Coronada decision meant that doery trade union in the country henceforth faced damage suits when employing corporations decided to take advantage of it m strikes...
...Woll never made a public reply to this communication but had Maurar*s letter answered by Ralph M Easley in a latter mat by Mr...
...Early in 1921 the labor sections of the Clayton Anti-Trust Act were wiped out by the United States Supreme Court...
...employers who might contribute funds...
Vol. 8 • February 1929 • No. 4
