SOCIALIST APPEAL TUESDAY, APRIL 11, 1939 Courts Invent Means To Break Strikes When Employers Cannot IN THIS CORNER expressly Behind Closed Doors SOCIALIST APPEAL hostile Congress, specifically exempting trade unions from the provisions of the Sherman Act.
Vol. III, 23 April 11, 1939 When the militancy of the labor movement die!
Published twice a week by the down and the capitalist judicial machinery no SOCIALIST APPEAL PUBLISHING ASS longer ſcared that labor would strike back, the at 116 University Place, New York, Telephone: Algonquin 8547 Clayton Act promptly went through a series of definitions and interpretations by judges The Apex Decision Is Only the Most Recent Instance In a Long Series of Measures Taken by the Judicial Subscriptions: 00 per year 00 for six months. who finished by converting the Clayton Act into Foreign: 00 per year. 50 for six months. Bun another powerful weapon against labor.
Arm of Capitalism to Handcuff Organized Labor Action die orders: cents per copy in United States: cents per copy in all foreign countries. Single Now we learn that the legislation being pre By FELIX MORROW They did so by a series of in to curb monopolies under the By Max Shachtman copies: cents.
pared by the LaFollette Civil Liberties Com The decision of District genious inventions.
Federal power to control inter Bronx and Manhattan subscriptions are: 50 for Judge Kirkpatrick, im. THE INJUNCTION state commerce: convictions mission, which specifically condemns the emsix months; 00 for one year An interesting dispute arose during my recent were to be secured by finding Rcentered as second class matter February 16, debate with Mr. Joseph Shaplen, of the Social ployers use of violence, terror, and bylood shed a million dollars as punitive AND ITS ALIBI Labor injunctions first were monopolies to be restraining Democratic Federation, on the subject: Has Bol1939. at the post office at New York, under damages against the Philadel. used extensively in the 1890 commerce new against the workers will be turned into the Act of March 3, 1879.
phia hosiery workers, and the shevism Failed? It related to the trial of the To justify their issuance, the But during the great Pullman twelve leaders of the Russian Social Revolutionary weapon against the workers. recent Supreme Court de judges had to develop a whole strike and boycott led by EuEditor: party who were convicted of counter revolutionary MAX SHACHTMAN group of Senators have already announced cision in the Fansteel case out body of judge made law. Three gene Debs in 1893, judges activities by the Soviet court in Moscow, 1922.
that they will attempt to utilize this legislationAssociate Editors: principles thus developed proceeded to issue injunctions doubtedly the opening guns of were especially important: In what considered a hopeless effort to prove by citing the unions as reHAROLD ROBERTS FELIX MORROW that the Stalinist regime differs in no essential not against the employers but against the a new battle of the judges Staff Members Preventing irreparable straining commerce and therefrom the Soviet regime of Lenin time, Mr. ShapEMANUEL GARRETT JOSEPH HANSEN unions, to restrict them to place greater re against the labor movement, len declared that the recent Moscow frame ups But if this battle gives every injury to property. How just fore violating the Sherman against the so called Trotskyists had their origin Business Manager: sponsibility upon them instead of allowing the sight of thes nga tle givescuberty issuing injunctions for this Acte Thereafter this judicial STANLEY regulation to fall upon the employers.
in identical frame ups organized by Lenin and murderous onslaught of the be purpose where obviously, the boss property was in no dan sic anti labor weapon.
Trotsky in 1922 against the Social Revolutionary When labor was militant, began demanding robe dhe entry cainnt she works Ber? By expanding the concept des case, the sudges Hirschap party leaders Abraham Gotz, Eugene Timofeyev, FIGHT WITH THE SOCIALIST its just rights, and raised its mighty fist in reply abated at any time since the Eugenia Ratner, Gendelman. Donskoy. Nikolai plied the punitive damage prorailroad strikes of 1877 scared strike did not endanger the visions of the Sherman Act to Ivanov and half a dozen others to the violence of the employers, then investigaWORKERS PARTY FOR: the wits out of the bosses and boss physical property? But unions and union members, the My reply was that the two trials had nothing in tions of the employers were heid by Congres sent them scurrying behind the said the learned judges, the life savings of several hundred job and a decent wage for every worker. sional committees, the truth about machine guns, Judicial skirts for protection.
freely and vigorously their irreconcilable opposiboss had other property inmembers being attached to sat tion to the Soviet regime, and not only admitted Open the idle factories operate them under tear gas, professional thugs and spies in indusFlagrant, indeed, has been volved: his expectancy of re isfy the staggering triple damthe history of Judicial strike taining the service of old em ages awarded by applying the even boasted of their armed workers control.
try exposed, and the capitalist courts were as breaking. So flagrant, that ployees and of obtaining new anti trust law. This is the precthrow it, and their intention to resume te to overit whenever they considered it possible and expedient, but also Twenty Billion dollar Federal public works silent over the legality of sit down strikes as even the eminently respectable ones, said the judges, may be edent for the present case admitted that they had worked together with the and housing program.
Trangmen when a prison is torn down by an and conservative authors. John called a property right! Since against the Philadelphia hosR. Commons and associates, in the strike interfered with that, iery union Allied imperialists.
The latter part of my reply was especially chal30 hour weekly maximum for all workers on angry populace.
that standard work. History it was illegal, hence an injunc all jobs.
Now that the judicial and legislative arms of THE MAGNA CHARTA of Labor in the United States, tion was issued.
describe it in these terms: boycott doesn endanger OF LABOR of a part of what he called the prudently stamped Thirty dollar weekly old age and disability the capitalist class think that labor has gone falsification. He insisted on his challenge, even When employers discovered the employer physical prop. As the result of a national pension.
back after had called attention to my documentary sleep, they are again busily engaged in that they could not place comerty? But it undermines the wave of labor revolt Congress reference, with which he was acquainted 1f one Expropriate the Sixty Families.
tying new nooses for labor.
plete reliance upon the execu profitable relations which the In 1914 passed the Clayton Act, tive officers of the democrati employer has with his custom exempting unions may be permitted to draw such a conclusion after All war funds to the unemployed.
The Supreme Court decision against sitseeing a marked copy of the document in his cally controlled state, they ers e. the boycott is effec from the anti trust laws. Gomhailed it as the Magna hands during the debate.
turned to the courts for protective. and these relations de people referendum on any and all wars. down strikes, the Apex case awarding the em, charta de sabors that it meae Because it has an importance far beyond that of No secret diplomacy.
ployers a monstrous sum for alleged damages proving a casual debater point, shall quote the little change in the injunction developing a code of trade ty rights!
document here. It is not written by the Stalinists: Tuy the union, the conversion of the LaFollette 10. An independent Labor Party.
it is not written by the Bolsheviks. It is an official cornerstone a resurrected to concept raz propeapsions first seaway by interpretatichette legislation into an employer weapon all these publication of the Soc. al Revolutionary party itself.
11. Workers Defense Guards against vigilante open attacks against labor come because labor trine of malicious conspiracy fully formulated in New Jersey final proof of this was the inThe English edition is called The Twelve Who and Fascist attacks as applied to labor combina in the Barr case in 1893 and Junctions which Attorney Gen: Are to Die. and was published by the Delegamilitancy has subsided.
Hions and, for its weapon, the has served the bosses ever eral Daugherty obtained in tion of the Party of Socialist Revolutionists in injunction, proceeded to out since.
1922 against the railway shop The laboring man has only one way of proBerlin, 1922.
law the boycott, to materially Unlawful conspiracy. men strike the most sweeptccting his right to live as a human being and to Even the new concept of prop ing injunction ever issued up to that is through the militant action of his own strike, and even to turn against erty was not enough alone to that time, absolutely outiawing Kautsky and Vandervelde Testify class.
The agreement loctween the New Deal and labor the Federal statutes justify injunctions, for it was the strike.
Let us hear first from Karl Kautsky, who wrote which had been originally di well established in law that no Every attempt of the trade an introduction to the brochure the Old Deal, which accepted the 100, 000, 000 The workers with the aid of the poor farmers rected against railway and in redress can be had for losses unions to free themselves from the murderous onslaught of the figure voted by the trouse and thereby dustrial monopoly. History due to the exercise by others The Social Democracy was never averse to the must put into power their own government.
of Labor, 1926 ed. Vol. II, the unions) of that which they Judges, by securing new legis use of violence in resistance against violent perseguaranteed mass cuts from was made That is the only way to smash forever the capi 530. had a lawful right to do. Il lation, has been thwarted by cution. It simply made the advisability of the use in the Sub Committee of the Senate Appropria talist courts, the capitalist legislative bodies, and Damning as is this calmly strikes and picketing were le brazen judicial interpreta of such violence conditional upon considerations of tions Comunitte during sessions held on worded indictment of the judi gal, the bosses had to suffer tion of the intent of Con purpose and the possibility of success. If the Socapitalist control of the lives of the workers.
or the legislatures. The cial Democracy found itself in disagreement with Wednesday, April ciary, the most sketchy outline the consequences. To circum Stators, of course, connive of the actual events will show vent this simple truth, the the Socialist Revolutionists in this regard, it was with the judges, providing loopthat it is an under statement. Judges proceeded to define ei not from considerations of principle but of tacAt these sessions, Colonel Harrington, ther the object of the strike, or holes in the writing of the laws. tics. head. of testified for several hours. Youth Has a Future THE FIRST PHASE: some of the means employed. Actually there is a division of No comment.
POLICE COURTS The sub committee voted that the entire Now let us icar from the late Emile Vanderas unlawful. For this purpose labor here: the legislators The frontiers of enterprise for American When the workers first began they dug up the old common yield to labor demand on ocvelde, the Belgian social democratic attorney for record of the sessions, including all of Harring youth have reached their final development to revolt against the slavery of law against conspiracies and casion, with the assurance that the defendants in the trial: ton testimony, should le kept secret.
the open shop in the 1870 and proceeded by arbitrary defini the judges will go on as before The Socialist Revolutionists say the Bolshev.
under capitalism and youth no longer has a 1880 s, the courts speedily came tion to define either means or on the basis of the ingenuity iks! waged an armed struggle against the Soviet What went on behind the closed cloors of the future in capitalist America.
to the aid of the bosses. The ends of strikes as unlawful con they have employed always in Government. The Socialist Revolutionists admit sub committee? These skulking cowards, decidfirst extensive use In labor dis spiracies.
siding with capital against la this as an undeniable historic fact. 62. This in essence is the conclusion one may putes of such criminal charges No comment.
ing on a measure that means starvation for In many cases Judges were bor.
draw from the words of Dr. Caroline Zachry millions of persons, do not dare let the people of the Progressive Education Association, who as inciting to riot, luct. crude enough to say that all in While, as every trade union Let us hear further from defendant Abraham streets, terference with the business of ist knows from his own experi Gotz statement during the trial itself: know the terms of their conspiracics.
tion and trespass dates employers constitutes conspirence. It is tactically advisable After the October coup etat (the Bolshevik We demand that the full record be made spoke at a luncheon meeting of the National from this period. Convictions acy. More suavely, they declar in strike struggles to retain as revolution. we considered it our bounden duty to Board of the Young Women Christian Assowere frequent and penalties ed that interference is prima much as possible the formali wage armed resistance against the usurpers of ciation on April in New York City and made often severe. The use of crim facie unlawful but may be justies of legality, the basic fact power, who signed the Brest Litovsk peace and remains: the judges, tools of were ready to accept other compromises leading Let the people know, and judge the plot public the findings of her five year study of max in the murder convictions mands were acceptable to the the bosses, define what is legal. to the enslavement of the Russian people, who had against the unemployed!
American boys and girls.
and executions of the Haymar judge, then the strike was law. Hence, to stake everything on just thrown off the fetters of Czarist rule. 65. ket martyrs in 1886.
ful, if not it was unlawful! legality means to give the Again no comment.
American youth is apathetic, with a defeatist, But such ordinary criminal fight against the bosses. That hopeless feeling about their future, she stated. charges were not sufficient to HOW THEY USE is why labor must struggle on Plead Guilty As Charged There is no place for youth in industry, in the hold back the growing labor THE SHERMAN ACT the basis of the conviction that movement. The willing judges To these two obviously the rights of the working class But what about collaboration with the forproceeded to invent more comIn the first week of May for the crime of professions, or in other areas. grave situation has thus arisen; the boys and girls, afraid that judge made weapons was soon are higher than any judge. eign imperialists in the attempt to overthrow the plex and more effective wea added the one which has just made law.
Soviet regime by force? Let us listen to defendant being unemployed in a system that has no jobs. they cannot be absorbed by society in a conpons. For. of course, the bosses been used in the case against Timofeyev court statement. blue and orange food cards will be forced on all were not seeking to prevent vi the Philadelphia hosiery union, They khe Kerensky government and the s!
structive capacity, are just shuffling along, olence, but to prevent strikes, The Serman Anti Trust Act of regarded Russia continued participation in the those now struggling to keep alive on relici in without any sort of philosophy, without any picketing, and boycott. Since 1890 was a law against indusRochester, New York, and Allentown, Pennsy. hope for the future.
Limperialist) war as essential, and in basing their the right to organize and strike trial monopolies, adopted pri program upon socialist ideas of peace they hoped vahia, and by June this experiment on the unemwas already recognized. the marily as the result of agrari to wrest at the future peace conference conditions llow very easy, she concluded, it would be judges had the problem of con an discontent. To Apply it to On ployed guinea pig will be extendeel to six cities of peace acceptable to Russia. The Brest Litovsk treaty, concluded in 1918, made continued cooperaof about 300, 000 population.
for a litler or any one else who came along with ceding the legality of trade unions was and is the most ar unionism while outlawing the bitrary judge made law. The tion with the Allies for salvation of our country program involving youth to get hold of this actual substance of unionism. Sherman Act ostensibly sought The only attempt yet made to justify the group!
Soviet government, doubly essential. Our relations from German imperialism. supported by the imposition of this orange and blue food card What Dr. Zachry says about American youth with the Allies continued up to the German revolusystenı by these miserable bureaucrats in charge is absolutely truc. And it does not take five (Special to the Socialist Appeal)
tion. 66. That is, up to November, 1918 at least!
of the relief system, is that the 12, 000, 000 NEW YORK. Friends of years study to discover it. Any college, any Carlo Tresca are celebrating unemployed Americans are not mentally compeAnd finally, from the official declaration in the high school, any grammar school graduate can his 60th birthday and the antent to buy food for themselves when they are bear witness to the unutterable hopelessness of brochure by the Foreign Delegation of the MAKING IT THOMAS IS niversary of his 40th year of party: given cash instead of a food card.
TOUGH FOR FINKS CONFUSED AGAIN service to the labor movement In the summer of 1918, the conflict of the Gov.
the future under capitalism, the unbearable Editor: with him at a testimonial dinTo this slander we have only one answer. circariness of endlessly hunting for a place that ernment against the people assumed the form of Back in the days when Tom Editor: ner and dance to be held on. civil war. The party was on the side of the militant picket lines and demonstrations before does not exist.
Mooney was an organizer for Norman Thomas is confused Friday, April 14 at Irving people (Ahem. On the Volga and in the Urals, it the Moulders Union, he emthe headquarters of the relief bureaucrats.
organized peasants and workmen regiments.
All the expanding frontiers that capitalism again. According to La Vox Plaza ployed a swell idea for track Everyone in the labor move April 4, Thomas was trying to which fought against the Bolsheviks on the so call.
The unenployed do not need to wait untila once offered to youth with imagination, daring, ing down strike breakers Mooney would sit on a motor make clear his position on ment knows of his tireless ed Front of the Constituent Assembly. They were and Puerto Rico struggle against struggle for civil liberties.
bayonet is sloveel through their entrails while and intelligence have finished expanding. Capihelped by the Czecho Slovak legions, formed from intelligently fighting for capitalist profits to war prisoners, which Trotsky had tried to disarm talism no longer needs youth, no longer wants cycle outside a struck plant tyranny, at the Open Forum in the cause of trade unionism and wait until the scabs had of the University of Indiana Those who took part with him on the demand of imperas may assert 20 years Germany. 114. understand that the money which is theirs is youth for productive purposes. The boys and quit work for the day. After last Monday, when a Puerto in the Lawrence, Paterson, and Whatever Mr.
watching them pile into a now being diverted by. Roosevelt into the war girls of America have become a major source Rican student named Jose An Mesaba Range strikes can nev. later, it nevertheless remains true that the Social truck, he would folow it to the machine and that this is the real reason for in of danger to the American profit chine. house which the bosses had terjected a demand for a clear working class, tonio Gonzalez impatiently in er forget this fighter for the Revolutionists themselves did not even try to make a secret of the fact denied by nobody at posing the orange and blue food cards on the American capitalism under a Kuosevelt unnoc provided. Mooney would then answer: for or against indeAlways on the side of the op that time: dented today only by those who count unemployed.
racy or under an American litler has nothing have it parade in front of the organize a picket line and pendence?
pressed. he threw himself on popular amnesia that (1) they had taken up wholeheartedly into the work arms in the hope of overturning the Soviet regime.
but death on a shameful battlefield to offer its Mr. Thomas, although capaboarding house until the land ble enough at describing the ist persecution and the struggle in behalf of victims of capital. 2) they had worked as tools of Allied imperialism youth.
lady got sore enough to order horrors of Yankee imperialist (Lloyd George, Poincare, Wilson and Co. and its the finks to get the hell out.
Czech legions, and (3) one of their aims was to The new frontiers which are opening up for Well, here in St. Louis the rule in the island. was at a loss for civil liberties. Hundreds of militants, framed up by the ca drive exhausted, peace thirsting Russia back into youth are the frontiers of socialism. Socialism unions have been using a simiwhen asked about just what pitalist courts remember that the imperialist war.
The power of labor lies exclusively in its own offers a new way of looking at the world, a new lar tactic against workers who action to take against it. The it was Carlo Tresca that was organizations, its ont methods of struggle, its way of fighting for honor, for glory, for truth.
refuse to sign up. For the past listeners must have felt their among the first to rally to their workers State Must Defend Itself few weeks, the United Electri heads whirl when they heard defense. Outstanding was his own militancy, its disregard for all limitations American youth, there is a place for your cal, Radio and Machine Work Thomas answer: If were work in the Sacco Vanzetti Under the circumstances, the party had as imposed lay the capitalists.
abilities! There is a future for you in the ers and the cosmetic and and were convinced that Sacramento, and Greco Carillo much right to Soviet legality and toleration as Chemical Local affiliated with independence would not func Sacra would a gang of British Tories who sought to open This great basic truth of the labor movement grcat chiancipating struggle for a new world! the United Mine Workers. diston adequately in these times.
Among the sponsors of the up headquarters in Boston and appeal for recruits is clearly confirmed by examining the history In the revolutionary movement the greatest and arms during the American Revolution.
oí legislative and court struggles between the tasks ever to face the young people in history workers state governed by one or more parthe homes of delinquent and statehood and autonomy under Baldwin, Albert Goldman.
John Dos Passos, John non union workers. The Leath the flag. would rest ties, has no right to suppress other working class working class and the capitalist class.
need all your intelligence, all your devotion, all er and Luggage Workers content with the latter.
Finerty. Arturo Giovannitu. organizations for their ir political views. It has an The Sherman Anti Trust Act was forced your iclcalism. all your strength, all your cour Union. affiliated with the Serveise, wanacasenweselne George Norm belohn Peeled elementary right and duty to act with the utmost through Congress by a militant forward surge Amalgamated Clothing Work vigor and rigor against any group, no matter what age and daring and self sacrifice. Here there is crs. sent out a notice that beloss. and yet doesn standberg, Norman Thomas, Oswala it calls itself. which takes up arms against it.
of mass revolt against the industrial monopolies a place for you. llere there is a future. ginning March it it would clearly and forthrightly for the Garrison Villard and Louis The capitalist courts promptly set about to twist Doubly so if the group in question works hand in Shining banners stand at the head of the picket the homes of non union unconditional freedom of the Waldman.
glove, as did the s, with domestic or foreign workers of the Herbert and oppressed colonial peoples is Reservations to wine. dine, capitalism and to deline, to interpret the Act. Nat coming American revolution. Juin its forces in Meisel Trunk Company. with either a miserable fool or a and dance with Carlo Tresca Apart from incidental and secondary errorsurally they did so in the interests of the capital hastening the victorious day! Join the revolu which the union has a contract. traitor to the toiling masses may be made by mail through which, of course, our good social democrats never ist class. They converted the Act into a power tionary American workers in smashing capital This angle in union organiza. whom he professes to lead. Vincent Alvano, banquet trea commit that was the course followed by the Bol.
tion has proved itself a big surer, at Room 414, 96 Fifth sheviks in the period of Lenin and Trotsky. The ful weapon against labor, ism and building a new society that does have success DIEGO MONTANEZ. R.
Avenue, New York City, at two record proves it conclusively. And no amount of Thien labor forced the Clayton Act through a a future!
St. Louis, Mo. New York dollars per person.
stuttering or blustering cau obliterate that record.
ing the to public!
Answer With Pickets To Honor Tresca His Forlieth Year As Militant WORKERS FORUM End Capitalist Control!