William O. Douglas,
Ramsey v. United Mine Workers of America…
“ If therefore 'clear proof' is to set labor-antitrust cases apart from the rest-as it clearly was designed to do-it must embrace a union program to impose a wage scale on the entire industry with the purpose and effect of driving the small, marginal operators out of business. ”
William O. Douglas,
Ramsey v. United Mine Workers of America…
“ While they agree that a case against the union has been made out if 'preponderance of the evidence' is the test, none has suggested that the 'clear proof' test has been satisfied if it is to mean more than 'clear proof' of an agency relation. ”
William O. Douglas,
Ramsey v. United Mine Workers of America…
“ Authorization to use dynamite in the protest would be 'clear proof'; authorization to carry dynamite for a lawful purpose would certainly not be 'clear proof' of the authorization to use the dynamite to destroy an employer's business.In the present case, authorization of union officials to use their best efforts to get an industry-wide wage scale does not necessarily include authorization to drive some employers out of business. ”
