| Show COURT TO REVIEW CASE i. i ii OF FIRED SIT DOWN STRIKERS Chicago Labor LaborS S Row Involves Involves' Employer Right Tribunal Reaffirms Decision in Pictures Patent Case Deni Denies s CIO Petition in Major Hague Dispute i S WASHINGTON Nov 21 AP The AP-The The supreme court agreed today to review a lower court decision that an em employer employer em may dismiss workmen who engage in a sit-down sit strike This ruling by the federal circuit court at Chicago upheld the Fansteel Fansteel Fansteel Fan- Fan steel Metallurgical corporation o of North Chicago in discharging em em- who seized two key buildings build ings in 1937 1931 After retaining possession of the buildings for nine days the workmen workmen work work- men were driven out by police with the use of tear and nauseating gas The court denied a petition by the C CIO I 0 and the American Civil Liberties Lib lAb union seeking to bar the federal fed eral circuit court at Philadelphia from acting on the organizations organization's ns n's civil rights controversy with Mayor Frank Hague of Jersey City The petitioners contended that Presiding Ju Jud S J. J Warren Warr n Davis in assembling a judge five-judge court instead of the customary three judges had created public suspicion suspicion suspicion cion that the tribunal had been packed in favor of Hague and other Jersey City City- officials Reaffirms Decision The court also reaffirmed a. a previous previous previous pre pre- decision holding that the General General General Gen Gen- eral Talking Pictures corporation of New York City had infringed patents patents patents pat pat- owned by the Western Electric company and others for use use-jn making making mak mak- ing talking pictures S The justice department had taken the opposite position contending that it would put the administration tion of the antitrust acts in serious jeopardy Justices Black and nd Reed dissented Black contended the majority by ruling that the holder of a patent may restrict the use of the manufactured manufactured manufactured manu manu- product to a specified field and exclude it from other uses uses had made a second departure from the traditional judicial interpretation of the patent laws Majority Decision I Justice Brandeis i in the majority decision said The question of law requiring decision is La whether the restriction of the license is to b be given effect That a restrictive license is legal seems clear As the restriction was legal and the amplifiers were made and nd sold outside of the scope of the license the effect is precisely the same asif as asif if f no license whatsoever had been granted to the transformer com corn pany American Transformer company company com corn pany from which General Talking Talking- purchased amplifiers The transformer transformer transformer trans trans- former company was not licensed to sell the amplifiers for use in theaters theaters theaters the the- aters as a part of talking picture equipment And as the pictures res corporation knew the facts It Is in no better position than if it had manufactured manufactured the amplifiers itself without a license 5 Dismisses Appeal i The court dismissed an appe appeal l from a decision of the Maine supreme supreme supreme su su- su- su preme court which upheld constitutionality of a state statute outI outlawing outlawing outlaw outlaw- wing w- w ing conspiracy to Injure property or business It held there was no properly presented substantial federal federal federal fed fed- eral question involved S Eight men one and woman who said they were were members of th the United Shoe Workers of Americ America C I O Q 0 and were leaders of a of employ at at 17 shoe factories factories in in Lewiston and Auburn Maine v were wre re sentenced to jail under the tile law They They- admitted I they organized shoe work workers rs in the two cities and that as a result of the strike the buSIness business buSI- buSI busi bual- ness of Charles Cushman company was injured S The union leaders contended the right to t strike should not be subject ct ct- ct to arbitrary unreasonable unreasonable- and capricious capricious capricious ca ca- ca- ca pricious laws Appealed by N L R H B The sit-down sit strike controversy was appealed to the court by the relations board It objected to a ruling by the federal circuit Continued on 01 Page Palte Four Column Seven COURT TO SCAN LABOR DISPUTE Continued from Page One court at Chicago that Fansteel Metallurgical Metallurgical Metallurgical Met Met- corporation of North Chicago Chicago Chicago Chi Chi- cago could dismiss who seized two key buildings in 1937 and held them for nine days In asking the supreme court to refuse a review the corporation contended that the judicial condemnation condemnation condemnation con con- of the sit-down sit strike has been universal and its illegality illegal illegal- ity cannot be doubted The labor board argued however that the sit-down sit strike resulted from refusal of the corporation to bargain collectively with representatives representatives representatives of the Amalgamated Association Association Association Asso Asso- of Iron Steel and Tin Workers Work Work- ers of America a C I 0 O affiliate It added that the board had the authority under the Wagner act to order reinstatement of the because of Fa Fansteel's unfair labor practices and despite any acts of violence After today's session ion the court will not meet again until December 5 |
