Samuel Gompers: Editorial on the Supreme Court Ruling in the Danbury Hatters’ Case

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TO ORGANIZED LABOR AND FRIENDS.

It has seldom occurred that I have found it necessary to use the first person in addressing my fellow-workers and the people through the editorial columns of the American Federationist. What follows here refers to such an extraordinary circumstance and affects the labor organizations, their members and our friends so fundamentally, that I am impelled to address them in the most direct manner. The Supreme Court of the United States on February 3, 1908, rendered a decision in the case of the hat manufacturer Loewe against the United Hatters of North America, and decreed that the Loewe suit for threefold damages can be maintained under the Sherman anti-trust law. The Supreme Court holds that the action of the hatters, as described in the complaint, is a combination “in restraint of trade or commerce among the several states,” in the sense in which those words are used in the Sherman law.

A decision by the Supreme Court, the highest tribunal of the country, is law and must be obeyed, regardless of whether or not we believe the decision to be a just one.

We protest that the trade unions of the country should not be penalized under the provisions of the Sherman anti-trust law. In fact, I know that Congress never intended the law to apply to the labor unions, but the Supreme Court rules that it shall apply to them; therefore, pending action by Congress to define our status and restore our rights by modifying or amending the Sherman law, there is no alternative for labor but to obey the mandate of the court.…

I have no words adequate to express the regret I feel at being obliged to take this action, especially as in the opinion of competent lawyers—and their opinion is shared by many other laymen as well as myself—this decision by the Supreme Court is unwarranted and unjust, but until Congressional relief can be obtained it must undoubtedly be binding upon us all. Were it only myself personally who might suffer, for conscience sake I should not hesitate to risk every penalty, even unto the extreme, in defense of what I believe to be labor’s rights. In this case of the adverse court decision, and indeed in every other circumstance which may arise, I think those who know me do not question my loyalty, devotion, and willingness to bear fully any responsibility involved in the forwarding of the cause to which my life is pledged; but unfortunately the terms of the decision are such that no one person, even though president of the American Federation of Labor and willing to assume entire responsibility, will be permitted to take upon himself the sole penalty of protest against what I and every member of every organization affiliated to the American Federation of Labor, and indeed every patriotic citizen, must feel to be a most sweeping drag-net decision making the natural and rational voluntary action of workmen unlawful and punishable by fine and imprisonment.…

Under the court’s construction of the Sherman law the voluntary and peaceful associations of labor that are organized for the uplifting of the workers, these unions I say, are made the greatest offenders under the anti-trust law. It is almost unbelievable that our unions which perform so important a service in the interest of civilization and moral and material progress are to be accorded the treatment of malefactors. Yet the more carefully this decision is read the more absolutely clear does it become that our unions are to be penalized by it, as the most vicious of trusts were intended to be, yet the trusts still go unpunished.

I have a strong hope that Congress will promptly take heed of the injustice that has been done the workers, and will so amend or modify the Sherman anti-trust law, that the labor unions will be restored to the exercise of the powers and rights guaranteed to all our citizens under the constitution.

It is not conceivable that Congress will turn a deaf ear to the rightful demand of the workers of the country for relief from this most amazing decision, but until such time as relief is assured, I am compelled, for the safety of our men of labor, to obey literally the decision of the Supreme Court; but this situation created by the court must be met. It will be met.

While abiding by this decision, I urge most strongly upon my fellow unionists everywhere to be more energetic than ever before in organizing the yet unorganized, in standing together, in uniting and federating for the common good. Be more active than ever before in using every lawful and honorable means, not only to secure relief from the present situation at the hands of Congress, but in the doing of everything which may promote the uplifting and noble work of our great cause of humanity. Like all great causes it must meet temporary opposition, but in the end it will accomplish all the more on account of the trials endured.