Amer. F. of L. et al. v. Bain et al
Decision Date | 24 September 1940 |
Citation | 106 P.2d 544,165 Or. 183 |
Parties | AMERICAN FEDERATION OF LABOR ET AL. <I>v.</I> BAIN ET AL. CONGRESS OF INDUSTRIAL ORGANIZATIONS ET AL. <I>v.</I> BAIN ET AL. |
Court | Oregon Supreme Court |
What amounts to picketing, note, 83 A.L.R. 200. See, also 16 R.C.L. 453 (6 Perm. Supp. 4091) 11 C.J.S., Breach of the Peace, § 2
In Banc.
Appeal from Circuit Court, Multnomah County.
ROBERT TUCKER, JAMES T. BRAND, and ARTHUR D. HAY, Judges.
Proceedings under the uniform declaratory judgment statute by the American Federation of Labor, an unincorporated association, and others against James R. Bain, District Attorney of Multnomah County, Oregon, and others, wherein the Brotherhood of Locomotive Firemen and Enginemen, an unincorporated association, and others intervened, and by the Congress of Industrial Organizations, an unincorporated association, and others, against the same defendants to determine the constitutionality of a statute relating to labor disputes. From decrees dismissing the suits, plaintiffs and intervenors appeal.
REVERSED.
B.A. Green and Chris H. Boesen, both of Portland (Joseph A. Padway, of Washington, D.C., and James Landye and R.K. Powell, both of Portland, on the brief), for American Federation of Labor.
Gus J. Solomon, of Portland (Lee Pressman, Joseph Kovner, and Anthony Wayne Smith, all of Washington, D.C., on the brief), for Congress of Industrial Organizations.
Alfred A. Hampson, of Portland, and Willis S. Moore, Assistant Attorney General (James R. Bain District Attorney, Frank S. Sever, and Clarence A. Potts, Deputy District Attorneys, R.R. Morris, I.H. Van Winkle, Attorney General, L.E. Latourette, City Attorney, and Alexander G. Brown, Deputy City Attorney, all of Portland, on the brief), for respondents.
Osmond K. Fraenkel and Nathan Greene, both of New York City, amici curiae for American Civil Liberties Union.
REVERSED.
The court is called upon in these cases to determine the constitutionality of a statute enacted by the voters at the general election held November 8, 1938, relating to labor disputes: Ch. 2, Oregon Laws, 1939. The proceedings are under the uniform declaratory judgment statute: Title II, Ch. XIV, Oregon Code 1930. One suit was filed by the American Federation of Labor, its officers and affiliated organizations; another by the Congress of Industrial Organizations, its officers and various affiliates. The Brotherhood of Locomotive Firemen and Enginemen and three other railroad unions, known as the "Railroad Brotherhoods", intervened in the suit filed by the American Federation of Labor and joined in the attack on the statute. The defendants are the district attorney and the sheriff of Multnomah county, the chief of police of the city of Portland, and the attorney general of the state of Oregon.
The cases were consolidated and heard by a court composed of three circuit judges sitting in banc, who filed an elaborate and carefully considered opinion sustaining the validity of the law, and entered decrees dismissing the suits, from which these appeals are taken.
The law with its title reads:
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