William O. Douglas

“ It is as much a denial of due process to sustain a conviction merely because a verdict of guilty might have been rendered on a valid ground as it is to send an accused to prison following conviction of a charge on which he was never tried. ”

“ And there was evidence that the force or violence was an attempt to coerce Wise 'to prevent him from properly discharging the duties of his office' within a rational meaning of the bylaws of the union. [5] And the District Court so charged the jury. But, as the District Court ruled, there was no evidence that respondent endeavored 'to create dissension among the members' or to work against the 'interest and harmony' of the union within the meaning of Art. XIII of the constitution. [6]
I agree that a court does not sit in review of a union as it does of an administrative agency. ”

“ But by reason of § 101 (a) (5) judicial oversight is much more than procedural; it provides in subsection (C) for 'a full and fair hearing.' Even if even conceivable procedural guarantee is provided, a hearing is not 'fair' when all substantive rights are stripped away to reach a pre-ordained result. If there is to be a 'fair hearing' there must, I submit, be some evidence directed to the charges to support the conclusion.
Membership in a union may be the key to livelihood itself. [7] Without membership, the member may be cast into the outer darkness, so far as employment is concerned. ”