On this day in labor history, the year was 1908.
That was the day the Supreme Court ruled on the Loewe V. Lawlor case, also known as the Danbury Hatter’s Case.
In 1902, the United Hatters of North America attempted to organize the fur hat company, D.E. Loewe & Company.
Loewe refused to meet with the union.
The union struck and called for a nationwide boycott of Loewe hats.
The AFL assisted in popularizing the boycott.
They worked to convince retailers and customers not to buy from Loewe.
The company sued the union’s business agent and hundreds of its members.
Loewe claimed the union violated the Sherman Antitrust Act of 1890 by interfering with interstate commerce.
The Sherman Act had been designed to control business monopolies, trusts and cartels, like Standard Oil company.
An 1893 case, United States v. Workingmen’s Amalgamated Council of New Orleans, established that the Sherman Act applied to labor unions as well.
In the Danbury Hatter’s Case, the Supreme Court ruled that the union combined to restrain trade or commerce among several states.
The union countered by arguing that the union did not interfere with the transportation of hats and were not themselves engaged in interstate commerce.
But the union lost.
In addition to violating the Sherman Act, the Court argued that individual union members could be held personally liable for damages incurred by their union.
The union was eventually held liable in damages amounting to about $235,000.
The AFL pushed back, demanding reforms in the Sherman Act.
Partial reforms came with the Clayton Anti-Trust Act of 1914.
But it would be another 20 years before the Norris-LaGuardia Act would exempt organized labor from antitrust injunctions.
December 7 - Strong Arming Goldminers
December 6 - Breaking Through the Racial Divide
December 5 - Striking in Solidarity
December 4 - Organizing to End Slavery
December 3 - Learning & Labor at Oberlin
December 2 - 21st Century Corporate Greed
December 1 - Standing Up for Themselves and Their Patients
November 30 - Angel of the Stockyards is Born
November 29 - The Fight for $15 & A Union
November 28 - Disaster in the Mines
November 27 - Death Trap in Newark
November 26 - The Birth of William Sylvis
November 25 - Chicago Printers Walk Off the Job
November 24 - The Hollywood Ten
November 23 - The Thibodaux Massacre
November 22 - Uprising of the 20,000
November 21 - Autoworkers Join the Postwar Strike Wave
November 20 - Birth of the Time Clock
November 19 - Joe Hill’s Final Words
November 18 - Accident or Murder?
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