Screen Guilds Magazine (May 1936)

forcing such action. 7 ( Bossert vs. Dhuy, 221 N.Y. 342, 359 (Ann. Cas. 1918D, 661, 117 N. E. 582). ‘'In this state, the doctrine has been announced even more broadly. In the case of Parkinson Co. vs. Building Trades Council, 154 Cal., at page 599 (16 Ann. Cas. 1165, 21 L.R.A. (N.S.) 550, 98 Pac. 1045), it is said: ‘In case of a peaceable and ordinary strike, without breach of contract, and conducted without violence, threats, or intimidation, this court would not inquire into the motives of the strikers—their acts being entirely lawful, their motives would be held immaterial. 7 77 I N our opinion, also, the proposed amalgamation would not come under the laws of the United States as to in¬ terstate commerce. However, if it does, the Clayton amendment to the Anti- Trust Law, passed by Congress in Oc¬ tober, 1914, provides as follows: “Antitrust laws not applicable to labor organizations. The labor of a human being is not a com¬ modity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organ¬ izations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or con¬ strued to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws. 77 The exemption of labor organizations has been consistently upheld by the Courts. In American Steel Foundries vs. Tri-City Trades Council, 257 U.S. 184, Chief Justice Taft said: “Is interference of a labor or¬ ganization by persuasion and ap¬ peal to induce a strike against low wages, under such circumstances, without lawful excuse and mali¬ cious? We think not. Labor unions are recognized by the Clayton Act as legal when instituted for mutual help and lawfully carrying out their legitimate objects. They have long been thus recognized by the Courts. 77 Perfect Relaxation IN IDEAL PRIVATE ESTATE by Day or Week. By Appt. only BLANCHARD 72869 Similar language is found in Duplex Printing Press Co. vs. Peering, 254 U.S. 443, 469, and in International Organ¬ ization vs. Bed Jacket Co., 15 Fed. (2nd) 839, 843 (4th cir.). It seems reasonable, also, to point out that if The Screen Writers 7 Guild is an illegal combination in restraint of trade, so is the Actors 7 Equity Associ¬ ation and the Dramatists 7 Guild. They have done pretty well for a goodly num¬ ber of years. Yours truly, (Signed) LAURENCE W. BEILENSON. LWB :K Hansel-Gretel School Day and Boarding ... For Children 2 to 8 . . . Under Constant Supervision • Located in the 17-acre Boulder- hurst estate at 31 5 East Mountain Avenue, Glendale. • Swimming pool. Tennis courts. Playgrounds . . . Shetland ponies. Dancing and Dramatics. Altitude 1200 feet. MRS. IRMA S. FORD, Mgr. Dir. Phone Douglas 5999 ARTS . . . DECOR . . . LAMPS . . . SILVER . . . METAL . . . VASES . . . STEMWARE This design most glamorou d r; fo x“ Kuisrdgbt.Kd-Bco* S*7> S'lth French at " ma s of decoration for eluafts heauty ;S eternal. May we show y ou Richelieu?' I Two Names Belong on Every Gift You Give .... Yours and Foster's GLENDON AT KINROSS - IN THE VILLAGE Not Expensive . . Just Exclusive CRYSTAL . CHINA GLASS DISTINCTIVE GIFTS PORCELAIN L May, 1936 19 •