machinists street argued april decided june group railroad employees sued georgia state enjoin enforcement agreement entered group railroads labor unions employees eleventh railway labor act required employees join union pay initiation fees assessments dues order keep jobs complaint alleged substantial part money employes thus compelled pay used protest finance campaigns political candidates opposed promote propagation political economic doctrines concepts ideologies disagreed trial found allegations fully proved circumstances agreement violated complaining employees rights first amendment enjoined enforcement agreement awarded employees judgments money required pay georgia affirmed held judgment reversed case remanded proceedings pp railway employes dept hanson held enactment provision eleventh authorizes agreements interstate railroads unions employees valid exercise congress powers commerce clause face violate first amendment due process clause fifth amendment reserved decision constitutional questions presented case actual application section agreements entered thereunder pp though record case adequately presents constitutional questions necessary decide correctness constitutional determinations made georgia courts eleventh denies authority union employee objection spend money political causes opposes pp review legislative history railway labor act leads conclusion purpose eleventh force employees share costs negotiating administering collective agreements adjusting settling disputes pp section eleventh denies unions power employee objection use exacted funds support political causes opposes pp judgment reversed case remanded proceedings including fashioning appropriate remedy pp agreement unlawful employees involved remain obligated condition continued employment make payments respective unions called agreement injunction restraining enforcement agreement remedy appropriate violation act restrictions expenditures pp blanket injunction expenditures funds disputed purposes even one conditioned cessation improper expenditures proper exercise equitable discretion pp remedy granted employees made known union officials desire funds used political causes object present action true class action since attempt prove existence class workers specifically objected exaction dues political purposes therefore identified opposed political uses funds entitled relief action one possible remedy injunction expenditure political causes opposed complaining employee sum moneys spent union political purposes much moneys exacted proportion union total expenditures made political activities union total budget pp another possible remedy restitution individual employee portion money union expended despite notification political causes advised union opposed lester schoene milton kramer reargued cause filed brief appellants cleburne gregory jurisdictional statement smythe gambrell reargued cause appellees briefs glen harlan charles bloch ellsworth hall jr solicitor general rankin argued cause intervenor brief assistant attorney general doub morton hollander david rose briefs amici curiae urging reversal filed clarence mulholland edward hickey james highsaw railway labor executives association albert woll theodore antoine thomas harris american federation labor congress industrial organizations justice brennan delivered opinion group labor organizations appellants carriers comprising southern railway system entered agreement pursuant authority eleventh railway labor act agreement requires appellees employees carriers condition continued employment pay appellant union representing particular class craft dues initiation fees assessments uniformly required condition acquiring retaining union membership appellees behalf employees similarly situated brought action superior bibb county georgia alleging money thus compelled pay hold job substantial part used finance campaigns candidates federal state offices opposed promote propagation political economic doctrines concepts ideologies disagreed superior found allegations fully proved entered judgment decree enjoining enforcement agreement ground eleventh violates federal constitution extent permits use appellants funds exacted employees georgia affirmed appeal noted probable jurisdiction hanson decision record case adequate squarely present constitutional questions reserved hanson questions utmost gravity however restraints unnecessary constitutional decisions counsel determination unless must conclude congress authorizing union shop eleventh also meant labor organization receiving employee money free despite employee objection spend money political causes opposes federal statutes construed avoid serious doubt constitutionality validity act congress drawn question even serious doubt constitutionality raised cardinal principle first ascertain whether construction statute fairly possible question may avoided crowell benson named appellee action made known union representing craft class dissent use money political causes opposes therefore examined legislative history eleventh context development unionism railroad industry regulatory scheme created railway labor act determine whether construction fairly possible denies authority union employee objection spend money political causes opposes conclude construction fairly possible entirely reasonable therefore find unnecessary decide correctness constitutional determinations made georgia courts ii rail unions union security question union security rail industry first given detailed consideration congress one standard unions security provisions contracts brotherhood railroad trainmen maintained number percentage contracts requiring certain classes employees represented brotherhood specified percentage employees belong union contracts applied yard conductors yard brakemen switchmen covered workers rail employees see letter joseph eastman federal coordinator transportation chairman house committee interstate foreign commerce june pp testimony james farquharson legislative representative brotherhood railroad trainmen hearings house committee interstate foreign commerce pp congressional consideration legislation rail unions attempted persuade congress preclude negotiating security arrangements amendments original proposal sought assure provision became fifth prevent carriers conditioning employment membership company union exempt standard unions prohibitions trainmen union stood lose existing contracts section limited company unions especially urged limitation see statement whitney president pt see also cong rec unions succeeded house incorporate limitation bill passed see sess cong rec senate acquiesce eastman firm believer complete freedom employees choice representatives strongly opposed limitation characterized vicious strikes principle freedom choice bill designed protect prohibited practices acquire virtue confined standard union within recent years practice tying men jobs membership crept railroad industry theretofore singularly clean respect practice largely connection company unions entirely genuine freedom choice basis labor relations railway labor act contract corollary closed shop percentage contract place picture hearings senate committee interstate commerce eastman views prevailed senate house concurred final version fifth providing carrier shall require person seeking employment sign contract agreement promising join join labor organization see cong rec world war ii nonoperating unions made unsuccessful attempt obtain union security incidental effort secure wage increase following failure negotiations mediation presidential emergency board appointed two principal reasons advanced unions urged view pledge strike duration responsibilities assure uninterrupted operation railroads justified seeking maintain positions union security arrangements also maintained since secured benefits collective bargaining employees represented fair costs operations shared workers board recommended withdrawal request concluding union shop plainly forbidden railway labor act event unions failed show necessity utility presidential emergency board appointed report may supplemental report may report said board convinced essential elements union shop defined employees request prohibited section railway labor act intent congress respect made evident unusual clarity supplemental report supra merits issue board expressly rejected claim union security necessary protect bargaining position unions unions suffering falling members contrary membership growing present time appears largest railroad history less percent nonmembership among employees represented supplemental report evidence presented respect danger predatory rivals seemed board lacking sufficiency especially light evidence concerning membership growth ibid evidence presented indicating unions stand jeopardy reason carrier opposition railroads mentioned unions represent majority craft class bargaining relationships carrier exhibits show unions chosen representatives employees overwhelming majority railroads recognition unions general board find therefore sufficient case made necessity additional protection union status railroads unions acceded board recommendation question union security reopened congress evaluated proposal authorizing union shop primarily terms relationship financing unions participation machinery created railway labor act achieve goals framework fostering voluntary adjustments carriers employees interest efficient discharge carriers important functions minimum disruption labor strife statutory parallel industry machinery product long legislative evolution complex industry labor relations interstate carriers subject congressional enactments since time world war congress experimented form compulsory arbitration experiment unsuccessful congress since time consistently adhered regulatory policy places responsibility squarely upon carriers unions mutually work settlements aspects labor relationship policy embodied railway labor act stat remains basic regulatory enactment senate report bill became law stated question presented whether substitute act consist compulsory system adequate means provided enforcement whether public interest create machinery amicable adjustment labor disputes agreed upon parties success parties committed committee opinion public interest permit fair trial method amicable adjustment agreed upon parties rather attempt existing conditions use entire power government deal labor disputes reference plan agreed upon parties fact railway labor act came statute books agreement railroads railroad unions need legislation accurate say railroads railroad unions wrote railway labor act congress formally enacted agreement railway employes dept hanson supra concurring opinion see generally murphy agreement railroads joint railway conference lab act theory agreement vital thing life statement donald richberg hearings house committee interstate foreign commerce pp act created affirmative legal duties part carriers employees exert every reasonable effort make maintain agreements concerning rates pay rules working conditions settle disputes whether arising application agreements otherwise first see texas brotherhood railway steamship clerks act also established comprehensive administrative apparatus adjustment disputes conferences parties second third fourth sixth settled submissions boards adjustment national mediation board legislation expanded already existing voluntary arbitration machinery sum prescribing collective bargaining method settling railway disputes conferring upon unions status exclusive representatives negotiation administration collective agreements giving representation statutory board adjudicate grievances congress given unions clearly defined delineated role play effectuating basic congressional policy stabilizing labor relations industry fair say every stage evolution railroad labor code progressively infused purpose securing effectively organized railroads equally effective railroad unions end establishing facilities railroad community industrial controversies assumption well aim act process permanent conference negotiation carriers one hand employees unions elgin burley dissenting opinion performance functions entails expenditure considerable funds moreover held statutory scheme union status exclusive bargaining representative carries duty fairly equitably represent employees craft class union nonunion steele louisville tunstall brotherhood locomotive firemen enginemen principal argument made unions based role regulatory framework maintained expense performing duties congressional scheme fairness justified spreading costs employees benefited thus advanced purpose elimination free riders employees obtained benefits unions participation machinery act without financially supporting unions george harrison spokesman railway labor executives association stated unions case fashion activities labor organizations resulting procurement employee benefits costly source funds carry activities dues received members organization believe essentially unfair nonmembers participate benefits activities without contributing anything cost especially true collective bargaining representative one whose existence activities derives important benefits one obligated law extend advantages furthermore collective bargaining railroad industry costly monetary standpoint carried industry administrative machinery complete complex mediation arbitration presidential emergency board provisions act greatly public interest costly unions handling agreement disputes national railroad adjustment board also requires expense known unions outside industry hearings house committee interstate foreign commerce iii safeguarding rights dissent congressional concern possible impingements interests individual dissenters union policies therefore discernible true opponents union shop urged congress allow without explicitly regulating amount dues might exacted prescribing uses dues might expended may assume congress also fully conversant long history intensive involvement railroad unions political activities follow eleventh places restriction use employee money objection support political causes opposes merely congress enact comprehensive regulatory scheme governing expenditures abundantly clear congress completely abandon policy full freedom choice embodied act rather made inroads limited purpose eliminating problems created free rider policy survives eleventh safeguards intended protect freedom dissent congress aware conflicting interests involved question union shop sought achieve accommodation said presidential emergency board recommended making agreement involved case though congress believed merely removing abstract legal barrier passing merits made fully aware deciding critical issues individual right versus collective interests stressed proceeding indeed congress gave concrete evidence carefully considered claims individual free arbitrary unreasonable restrictions resulting compulsory unionism give blanket approval agreements instead enacted precise carefully drawn limitation kind agreements might made obvious purpose careful prescription strike balance interests pressed unions considerations carriers urged providing worker discharged denied lost union membership reason nonpayment dues initiation fees assessments congress definitely indicated weighed carefully given effect policy arguments union shop report presidential emergency board appointed pursuant exec order express view union expenditures objected employee made meet costs negotiation administration collective agreements adjustment settlement grievances disputes understand view findings georgia courts question decided georgia us matter expenditures activities area costs led directly complaint free riders expenditures support union political activities satisfied however eleventh interpreted deny unions power claimed case appellant unions insisting eleventh contemplates use exacted funds support political causes objected employee us hold congress sanctioned expansion historical practices political area rail unions decline tradition force law rail unions rely upon compulsion union security agreements exact money support political activities engage construction therefore involves curtailment traditional political activities railroad unions means unions must support activities expressed wishes dissenting employee exacted money iv appropriate remedy since case must therefore remanded consideration proper remedy think appropriate suggest limits within remedial discretion may exercised consistently railway labor act relevant public policies indicated injunction enforcement union shop collection funds unwarranted also think blanket injunction expenditures funds disputed purposes even one conditioned cessation improper expenditures proper exercise equitable discretion proper issue interim temporary blanket injunction character pending final adjudication act stat expresses basic policy injunction activities labor unions held act deprive federal courts jurisdiction enjoin compliance various mandates railway labor act virginian system federation graham brotherhood locomotive firemen enginemen however policy act suggests courts hesitate fix upon injunctive remedy breaches duty owing labor laws unless remedy alone effectively guard plaintiff right graham found injunction necessary prevent breach duty fair representation order congress might seem held petitioners illusory right denying remedy necessity blanket injunctive remedy absence reasonable alternatives appears moreover fact expenditures made political activities additional reason reluctance impose injunctive remedy whatever may powers congress forbid unions altogether make various types political expenditures express opinion many expenditures involved present case made purpose disseminating information candidates programs publicizing positions unions expenditures injunction work restraint expression political ideas might offensive first amendment majority also interest stating views without silenced dissenters attain appropriate reconciliation majority dissenting interests area political expression think courts administering act select remedies protect interests maximum extent possible without undue impingement one among possible remedies appear appropriate injury complained two may enforced minimum administrative difficulty little danger encroachment legitimate activities necessary functions unions remedies however properly granted employees made known union officials desire funds used political causes object safeguards eleventh added protection dissenters interest dissent presumed must affirmatively made known union dissenting employee union receiving money exacted employee agreement fairness subjected sanctions favor employee makes complaint use money activities considerations follows present action true class action attempt prove existence class workers specifically objected exaction dues political purposes see hansberry lee thus think identified opposed political uses funds entitled relief action one remedy injunction expenditure political causes opposed complaining employee sum moneys spent union political purposes much moneys exacted proportion union total expenditures made political activities union total budget union position make sum money paid nondissenter shift disproportionate share costs collective bargaining dissenter effect applying money support political activities second remedy restitution individual employee portion money union expended despite notification political causes advised union opposed necessity however employee trace money including expenditure money goes general funds separate accounts receipts expenditures funds individual employees maintained portion money employee entitled recover proportion expenditures political purposes advised union disapproved bore total union budget judgment reversed case remanded proceedings inconsistent opinion reversed remanded footnotes eleventh notwithstanding provisions chapter statute law territory thereof state carrier carriers defined chapter labor organization labor organizations duly designated authorized represent employees accordance requirements chapter shall permitted make agreements requiring condition continued employment within sixty days following beginning employment effective date agreements whichever later employees shall become members labor organization representing craft class provided agreement shall require condition employment respect employees membership available upon terms conditions generally applicable member respect employees membership denied terminated reason failure employee tender periodic dues initiation fees assessments including fines penalties uniformly required condition acquiring retaining membership make agreements providing deduction carrier carriers wages employees craft class payment labor organization representing craft class employees periodic dues initiation fees assessments including fines penalties uniformly required condition acquiring retaining membership provided agreement shall effective respect individual employee shall furnished employer written assignment labor organization membership dues initiation fees assessments shall revocable writing expiration one year upon termination date applicable collective agreement whichever occurs sooner requirement membership labor organization agreement made pursuant subparagraph paragraph shall satisfied present future employee engine train yard hostling service employee engaged services capacities covered first division paragraph section title defining jurisdictional scope first division national railroad adjustment board said employee shall hold acquire membership one labor organizations national scope organized accordance chapter admitting membership employees craft class said services agreement made pursuant subparagraph paragraph shall provide deductions wages periodic dues initiation fees assessments payable labor organization holds membership provided however employee said services particular carrier effective date agreement carrier member one labor organizations national scope organized accordance chapter admitting membership employees craft class said services employee condition continuing employment may required become member organization representing craft employed effective date first agreement applicable provided nothing herein agreement agreements shall prevent employee changing membership one organization another organization admitting membership employees craft class said services provisions paragraphs fourth fifth section conflict herewith extent conflict amended pertinent findings trial funds exacted plaintiffs class represent labor union defendants used substantial amounts latter support political campaigns candidates offices president vice president senate house representatives opposed plaintiffs class represent also support direct indirect financial contributions expenditures political campaigns candidates state local public offices opposed plaintiffs class represent said funds used labor union defendants separately labor union defendants collectively concert among organizations parties action associations leagues committees formed purpose funds used substantial amounts propagate political economic doctrines concepts ideologies promote legislative programs opposed plaintiffs class represent funds also used substantial amounts impose upon plaintiffs class represent well upon general public conformity doctrines concepts ideologies programs exaction moneys plaintiffs class represent purposes activities described reasonably necessary collective bargaining maintaining existence position said union defendants effective bargaining agents inform employees said defendants represent developments mutual interest exaction said money plaintiffs class represent fashion set forth labor union defendants pursuant union shop agreements accordance terms conditions agreements trial judge concluded said exaction use money said union shop agreements section eleventh railway labor act enforcement violate constitution first fifth ninth tenth amendments thereto guarantees individuals protection unwarranted invasion personal property rights including freedom association freedom thought freedom speech freedom press freedom work political freedom rights cloak federal authority georgia viewed constitutional question presented decision follows fundamental constitutional question contract employers plaintiffs union defendants compels plaintiffs continue work employers join unions respective crafts pay dues fees assessments unions part used support political economic programs candidates public office plaintiffs approve oppose violate rights freedom speech deprive property without due process law first fifth amendments federal constitution record contained one union constitution statement political objectives various union constitutions authorizing political education activity lobbying legislative bodies publication union views indication labor furnished members unions also material taken hearings eleventh included statements management opponents act union dues used political activities employees forced join unions like purposes funds spent statements hoffman michigan debate bill warning union leaders levy political assessments use act force members meet assessments hese railroad labor organizations past refrained advocating union shop agreement type union security always philosophy strongest militant type labor organization one whose members carefully selected joined conviction desire assist fellows promoting objects labor unionism statement charles macgowan vice president international brotherhood boilermakers transcript proceedings presidential board appointed see also transcript proceedings presidential emergency board appointed pursuant exec order pp carriers exhibit analysis reasons absence pressure union security agreements railway industry see toner closed shop pp principle freedom choice incorporated two earlier pieces legislation governing railroads bankruptcy act march stat provided judge trustee receiver carrier interfere employee organization influence coerce employees join company union require employees join refrain joining labor organization emergency railroad transportation act june stat required carriers abide provisions bankruptcy act latter provision temporary maximum duration two years see testimony joseph eastman federal coordinator transportation house hearings pp official interpretation legislation interstate commerce acts pp eastman emphasized trainmen immediately affected broader prohibition supported confident real support proposed amendments single organization none standard organizations anything gain changes bill eastman letter supra expressions eastman views see house hearings supra pp hearings house rules committee pp rail unions still committed time principle voluntarism despite support trainmen position indicated statement george harrison representing railway labor executives association hope committee get thought statements railroad labor unions speak want force men unions purpose house hearings supra board view illegality union shop supported opinion attorney general op atty time congressional deliberations preceded enactment labor management relations act trainmen president whitney advocated closed shop urged repeal provisions prohibited hearings amendments national labor relations act house committee education labor pp however railway labor executives association opposed amendment act lyon executive secretary association said want make clear proposing amendments railway labor act believe none necessary opposed whitney suggested hearings lyon added asking amend railway labor act provide closed shop whitney think necessary response query services performed members attracted people voluntarily join correct lyon replied think true many union people believe rather members belong want rather act stat authorized creation boards voluntary arbitration settle controversies carriers employees threatened disrupt transportation act also provided temporary presidential commission investigate causes controversy best means adjusting commission report results investigation president congress congress repealed act passed erdman act stat providing whenever controversy concerning wages hours labor conditions employment shall arise carrier subject act employees carrier seriously interrupting threatening interrupt business said carrier chairman interstate commerce commission commissioner labor attempt resolve dispute request either party conciliation mediation methods failed aboard voluntary arbitration set representatives carrier labor organization employees directly interested belong section act also made criminal employer require employee promise become remain member labor organization discriminate employee membership provision held unconstitutional adair erdman act superseded passage newlands act stat created board mediation conciliation either party controversy refer dispute proffer services even without request interruption traffic imminent seriously jeopardized public interest board also authorized give opinions meaning application agreements reached mediation arbitration procedures set erdman act elaborated congress imposed day railroads stat period federal operation railroads world war afterwards federal government executed agreements many national labor organizations representatives railroad employees boards adjustment also set handle disputes concerning interpretation application agreements see hearings subcommittee senate committee labor public welfare pp transportation act stat congress terminated federal control established extensive new regulatory scheme see infra see generally hearings subcommittee senate committee labor public welfare pp transportation act provided railroad labor board power render decision disputes carriers employees wages grievances rules working conditions resolved conference adjustment procedures rendering decision wages working conditions board duty establish wages conditions opinion reasonable held however decisions board enforced legal process see pennsylvania railroad labor board pennsylvania system pennsylvania board lost confidence unions many railroads commented senate committee considered railway labor act view fact employees absolutely refuse appear labor board many important railroads opposed held power enforce judgments authority recognized respected employees number important railroads president suggested wise seek substitute party platforms republican democratic parties clearly indicated dissatisfaction provisions transportation act relating labor committee concluded time arrived labor board abolished provisions relating labor transportation act repealed pp reiteration various union spokesmen purpose eliminating problems created free rider see hearings supra pp hearings supra pp statements members congress indicating acceptance justification legislation see senate hearings supra pp house hearings supra pp cong rec harrison expressly disclaimed union shop sought order strengthen bargaining power unions said think affect power bargaining one way get majority employees vote union bargaining agent got much economic power stage development ever man going scab scab whether union make difference house hearings supra pp unions continued urge elimination problems created free rider justification union shop proceedings presidential emergency board recommended carriers make agreements involved case harrison said railroad unions primary purpose seeking obtaining amendment railway labor act permit payment dues eliminate free rider guy drags feet term applied unions obtain without cost benefits collective bargaining procured efforts members transcript proceedings presidential emergency board appointed pursuant exec order see also transcript pp section eleventh gives scope intercraft mobility rail industry consistent view primary union congressional concern elimination free rider support representative performance functions act section provides operating employee required become member craft class representative said employee shall hold acquire membership one labor organizations national scope organized accordance chapter admitting membership employees craft class said services held pennsylvania rychlik unions national scope contemplated provision already qualified electors act participate national railroad adjustment board said pigott detroit supp aff union participating agencies act must pay salaries expenses officials serve agencies constitutes considerable financial burden must reflected dues charged employees unless labor organization obliged participate judgment board machinery qualify union shop exception place bargaining representative unfair competitive position respect rival union employees tempted desert organization bargaining representative assuming responsibilities act favor another union contributing operation thereby offer cheaper dues defeat purpose union amendment compel employee contribute part bargaining representative activities behalf including participation administrative machinery act see senate hearings pp house hearings pp see also cong rec distinction use union funds political purposes expenditure nonpolitical purposes implicit congressional enactments thus treasury adopted regulation internal revenue code govern deducibility purposes payments union members union dues payments organization labor union trade association otherwise meet requirements regulations section deductible full unless substantial part organization activities consists expenditures lobbying purposes promotion defeat legislation political campaign purposes including support opposition candidate public office carrying propaganda including advertising related foregoing purposes substantial part activities organization consists one specified deduction allowed portion dues payments taxpayer clearly establish attributable activities specified determination whether specified activities constitute substantial part organization activities shall based facts circumstances event shall special assessments similar payments including increase dues made organization specified purposes deductible cfr see also rev proc int rev bull april cf cammarano example many national labor unions maintain death benefit funds dues individual members transmitted locals senator potter proposed amendment pending labor legislation given employees subject agreement right dues used collective bargaining related purposes required secretary labor determined dues expended bring action behalf dissenter recovery money paid dissenter union life agreement appropriate injunctive relief deemed proper see cong rec senator potter advanced proposal implement principles believed already implicit labor laws said know congress enacted legislation providing labor management enter contracts union shops intended union shop principle labor use dues purposes cong rec see also failure amendment adopted reflected disagreement senate scope coverage doubts propriety breadth remedy see cong rec compare senator kennedy objection remedy recovery dues contemplated potter amendment cong rec contention made expenditures involved case made violation federal corrupt practices act state corrupt practices legislation note reporting disclosure act requires every labor organization subject federal labor laws file annually secretary labor financial report certain specified disbursements also disbursements made including purposes thereof union also required maintain records sufficient detail supply necessary basic information data report may verified information required contained report must available union members justice douglas concurring forced associations inevitable industrial society one necessity rides busses street cars freedom john muir walt whitman extolled existence factory brings human colonies public housing areas may necessity take form apartment buildings may repulsive ant hills yet people teeming communities often choice legislatures leeway dealing problems created modern phenomena collective bargaining remedy problems created modern factory conditions beneficiaries members laboring force therefore concluded railway employes dept hanson permissible legislature require gain collective bargaining contribute cost narrow precise holding hanson case justice black shows association others compelled facts life special safeguards necessary lest spirit first fourth fifth amendments lost succumb regimentation expressed concern public utilities pollak dissenting opinion captive audience forced listen special radio broadcasts association compelled individual forced surrender matters conscience belief expression allowed enter group flag flying whether religious political philosophical nothing group deprive privilege preserving expressing agreement disagreement dissent whether coincides view group conflicts minor major ways required finance promotion causes disagrees debate universal declaration human rights later adopted general assembly nations december malik lebanon stated think controlling principle cases character us social group individual belongs may like human person wrong right person alone judge collection dues paying costs collective bargaining member beneficiary one thing however dues used assessments made promote oppose birth control repeal increase taxes cosmetics promote oppose admission red china nations like group compels individual support money causes beyond gave rise need group action think must said union dues assessments used elect governor congressman senator president may said election franklin roosevelt rather calvin coolidge might best possible way serve cause collective bargaining even selective use union funds political purposes subordinates individual first amendment rights views majority see done even though objector retains rights campaign speak vote chooses union funds used purpose individual required finance political projects may rebellion furtherance common cause leaves leeway leadership group long act promote cause justified bringing group together individual withdraw financial support merely disagrees group strategy allowed reversing hanson case sub silentio since funds issue used causes defraying costs collective bargaining affirm judgment modifications although recognize strength arguments advanced brothers black whittaker giving proportional relief appellees case practical problem mustering five justices judgment case cf screws concluded dubitante agree one suggested justice brennan understanding relief granted confined six protesting employees suit though called class action meet requirements use nonuse dues assessments depends choice individual group see hansberry lee problem employees receive benefits union representation unwilling give financial support union received much attention congress see pp pp courts see radio officers labor board commission human rights summary record fourteenth meeting february doc noted hanson case various restrictions placed union constitutions individual members disqualified persons membership political views associations certainly government prescribe standards character restrained members certain kinds speech activity certainly government impose restraints required use portions union funds purposes collective bargaining plainly conditions imposed state federal government enforced judicial branch government see shelley kraemer barrows jackson hostility compulsion expressed early history madison memorial remonstrance religious assessments wrote see authority force citizen contribute three pence property support one establishment may force conform establishment cases whatsoever ii writings james madison hunt ed jefferson bill religious liberty wrote compel man furnish contributions money propagation opinions disbelieves sinful tyrannical see hening stat brant madison nationalist justice whittaker concurring part dissenting part understanding opinion hold put words enacting eleventh railway labor act congress intended impliedly limit use railway labor unions may make dues fees assessments collected members required become remain members force union shop contracts negotiated permitted section defray costs negotiating administering collective bargaining agreements including adjustment settlement disputes hanson case rightly construed upholds join points ii iii opinion dissent point iv opinion respect point seems appropriate make following observations many members pay amount monthly dues treasury union dispenses fund opinion permitted proscribed activities told whose dues paid let us suppose union two members paying monthly dues three dollars one object dues expended proscribed activity whatever phrase may mean dues given month union expends four dollars admittedly proper activity two dollars proscribed activity answering objector two dollars spent proscribed activity dues result objector thus required pay union legitimate expenses objector nevertheless paid ratable part cost proscribed activity suggests proper decree might require restitution objector part dues equal ratio dues spent proscribed activity total dues collected union even draw clear line proscribed activity accounting proof problems involved make remedy onerous impractical added full recognition practical impossibility judicially drawing clear line mentioned also fact local unions collect dues promptly pay part national union turn also engages proscribed activity becomes plain suggested restitution remedy impossible practical performance seem follow practical remedy possible one formulated georgia courts approve justice black dissenting action brought georgia state six railroad employees behalf others similarly situated railroads making southern railway system labor organizations representing employees system collective bargaining number individuals enjoin enforcement application agreement entered railroads labor organizations authorized eleventh railway labor act agreement terms required employees order keep railroad jobs join union remain members least extent tendering periodic dues initiation fees assessments including fines penalties complaint amended charged agreement void conflicted laws constitution georgia first fifth ninth fourteenth amendments federal constitution section eleventh provides union shops valid otwithstanding statute law state relying decision railway employes dept hanson upheld contracts made pursuant section georgia trial dismissed complaint amended state reversed remanded case trial distinguishing hanson decision follows alleged union dues payments required make union used support ideological political doctrines candidates unwilling support believe violate first fifth ninth amendments constitution railway emp dept hanson supra upheld validity closed shop contract executed eleventh opinion clearly indicates approve requirement one join union contributions thereto used petition alleges said headnote judgment reserved italics georgia opinion validity enforceability union closed shop agreement conditions union membership imposed exaction dues initiation fees assessments used cover forcing ideological conformity action contravention first fifth amendment must render judgment upon precise question believe one constitutionally compelled contribute money support ideas politics candidates opposes funds used substantial amounts propagate political economic doctrines concepts ideologies promote legislative programs opposed plaintiffs class represent georgia affirmed holding ne compelled contribute fruits labor support promote political economic programs support candidates public office much deprived freedom speech compelled give vocal support doctrines opposes fully agree holding georgia affirm judgment certain modifications relief granted section eleventh railway labor act authorizes unions railroads make agreements notwithstanding provision state federal law contract simply means person keep job contracting railroad unless becomes member pays dues contracting union neither eleventh part act contains implication even hint congress wanted limit purposes contracting union dues spent parties litigation agreed beginning still agree limitation act nevertheless order avoid constitutional questions interprets act barring use dues political purposes think carrying doctine avoiding constitutional questions wholly unjustifiable extreme fact think actually rewriting eleventh make mean exactly congress refused make mean legislative history relied appears prove interpretation eleventh without justification history shows congress eyes wide open passed section knowing broad language permit use union dues advocate causes doctrines laws candidates parties whether individual members objected circumstances think congress right determination constitutionality statute passed rather rewrite statute name avoiding decision constitutional questions end result distort statute deprive unions rights think congress tried give time companion case lathrop donohue decided today post leave free later hold integrated bar associations constitutionally exercise powers denied labor unions fear unconstitutionality constitutional question raised alike case lathrop bound come back soon record meticulously perfect escape deciding hold lawyers workers constitutionally compelled pay support views result labor unions lost case year basis integrated bar win case next year year ground constitutional part basis holding unions today groundless yet one suggested statutory construction eleventh possibly supported without crutch fear unconstitutionality think avoidance constitutional issue cases today wholly unfair unions well congress must consider case basis belief constitutionality eleventh interpreted authorize compulsion workers pay dues union use advocating causes political candidates protesting workers ii contended unions precisely first amendment question presented considered decided railway employes dept hanson agree clearly section eleventh challenged became effective main grounds attack opinion noted agreement deprive employees freedom association first amendment property rights fifth hanson case allegations proof findings union funds regularly used support political parties candidates economic ideological causes complaining employees hostile opinion hanson carefully pointed fact general ideranged problems tendered first amendment imposition assessments germane collective bargaining present different problem went emphasize another time exaction dues initiation fees assessments used cover forcing ideological conformity action contravention first amendment judgment prejudice decision case hold requirement financial support agency receive benefits work within power congress commerce clause violate either first fifth amendments thus hanson case held workers required pay part cost actual bargaining carried union selected bargaining agent authority congress congress doubtless required workers pay cost bargaining chosen bargaining carried secretary labor appropriately selected bargaining agent hanson case hold railroad workers compelled law forego constitutionally protected freedom association participating union members case therefore properly read rest principle permit government furtherance public interest interest actual imaginary compel membership rotary clubs fraternal organizations religious groups chambers commerce bar associations labor unions private organizations government may decide wants subsidize support control word hanson case hold existence contracts used excuse force workers associate people want associate pay money support causes detest iii first amendment provides congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances course constitutional reason union private group may spend funds political ideological causes members voluntarily join voluntarily get labor unions made voluntary members free get unions please played important useful roles politics economic affairs spend money question voluntary group decide absence valid law forbidding activities money spent different situation arises federal law steps authorizes group carry activities expense persons choose members group well law even though validly passed congress used way abridges specifically defined freedoms first amendment whether abridgment depends law written also works doubt federally sanctioned contract actually works takes part earnings men turns others spend substantial part funds received efforts thwart political economic ideological hopes whose money forced authority law injects federal compulsion political ideological processes result supposed everyone agree first amendment particularly intended prevent makes difference urged political legislative activities helpful adjuncts collective bargaining doubtless employers make arguments favor compulsory contributions association employers use political economic programs calculated help collective bargaining side argument equally unappealing whoever makes stark fact act congress used means exact money employees help get votes win elections parties candidates support doctrines constitutional first amendment charter political religious liberty sponsors believed james madison wrote amendment said arguing religious liberty authority force citizen contribute three pence property support one establishment may force conform establishment cases whatsoever thomas jefferson said compel man furnish contributions money propagation opinions disbelieves sinful tyrannical views madison jefferson authentically represent philosophy embodied safeguards first amendment amendment leaves federal government power whatever compel one man expend energy time money advance fortunes candidates like see defeated urge ideologies causes believes hurtful country holds eleventh denies unions employee objection power use exacted funds support political causes opposes construe eleventh want make clear believe first amendment bars use dues extorted employee law promotion causes doctrines laws unions generally favor help unions well political purposes think workers much right views matters affecting unions views matters fields politics economics indeed strongly held views apt precisely subject unions questions law reform procedure selection judges aspects administration justice give rise deepest irreconcilable differences among lawyers view eleventh constitutionally authorize make worker pay dues union sole purpose defraying cost acting bargaining agent government power compel individuals support union programs union publications compel support political programs employer programs church programs first amendment fairly construed deprives government power make person pay one single penny used way advocate doctrines views whether economic scientific political religious therefore hold eleventh railway labor act authorizing application unionshop contract named protesting employees appellees violates freedom speech guarantee first amendment iv remedy georgia enjoined unions railroads certain future activities contract also required repayment dues paid three employees protested use union funds support candidates advocate views protesting employees sure injunction bars collection funds anyone show opposed expenditure money political purposes disapproves construed injunction take away first amendment right employees contribute money voluntarily collective fund used support oppose candidates causes even though individual contributors might disagree particular choices group far may ambiguous respect think injunction modified make sure interfere valuable rights citizens make individual voices heard voluntary collective action much basic reasons think injunction broad runs favor six protesting employees also favor class represent one class shown protested state nevertheless rejected unions contention class indefinite members lacking common identifiable interests mental attitudes decree purporting bind railroads individual defendants unions comport due process requirements fifth fourteenth amendments reasons stated agree contention unions consequently hold judgment stand insofar purports finally adjudicate rights party defendants railroad employees neither named party plaintiffs intervenors suit trial defined class composed employees railroad defendants affected opposed union shop agreements also opposed collection use periodic dues fees assessments support ideological political doctrines candidates legislative programs applied facts class defined include employees georgia also florida alabama north carolina south carolina tennessee louisiana illinois virginia ohio indiana missouri mississippi kentucky district columbia genuine class actions result binding judgments either member class obviously make judgment binding parties operate must identifiable judgment rendered possible since employees included class personally oppose views allege union using dues promote make class depend views entertained member views may change day day year year circumstances decree rendered neither adverse parties anyone else know certainty individuals unions owed duty decree hansberry lee pointed insuperable obstacles attempting treat members class parties contract one might prefer contract enforced might notice persons whose rights adjudicated important element system justice permit holding georgia action finally determined issues unidentifiable members class plaintiffs spread territorially way florida illinois district columbia missouri class suit doctrine narrow judicially created exception rule case controversy involves litigants duly notified given opportunity present either person counsel hold known common interest among members described class justified class action nature rights asserted depended unknown perhaps fluctuating mental attitudes employees rights employee basis separable claims relief might vary amount damages awarded circumstances class judgment stand decree modified eliminate class aspect unconditionally forbid application contract people circumstances one struck hanson case decree modified simply forbid use contract bar employment six protesting employees long unions discontinue practice spending union funds support causes doctrines political economic expressed objection six particular employees employees protested course entirely different position voluntary acquiescing dues payers every right since asked relief decree case affect thus modified think relief afforded decree justified decree requires union refund dues fees assessments paid protest three complaining employees exempts six complaining employees payment union dues fees assessments long funds received used union promote causes state found payments made employees compelled join union save jobs despite objections paying union long used funds candidates parties ideologies contrary employees wishes challenge finding nevertheless holds relieving protesting workers payment dues somehow interfere union statutory duty act bargaining agent first place interfere union activities extent bars compulsion dues payments protesting workers used unknown part unconstitutional purposes think perfectly proper hold payments compelled furthermore think remedy suggested work far greater interference union bargaining activities impose much greater trial accounting burdens unions workers remedy give wronged employees right refund limited either proportion union total expenditures made political activities proportion expenditures political purposes advised union disapproved may courts lawyers sufficient skill accounting algebra geometry trigonometry calculus able extract proper microscopic answer voluminous complex accounting records local national international unions involved seems however remedy may prove lucrative special masters accountants lawyers formula attendant trial burdens promises little hope financial recompense individual workers whose first amendment freedoms flagrantly violated undoubtedly conclusion long exploration accounting intricacies many courts plausibility dismiss workers claims de minimis measured dollars cents agree treat lightly value man constitutional right wholly free sort governmental compulsion expression opinions forgotten many men left native lands languished prison even lost lives rather give support ideas conscientiously three workers paid protest forced authority federal statute pay current dues lose jobs get back paid interest unions composed voluntary membership like voluntary groups free country fight public forum advance causes promote choice candidates parties work doctrines laws favor extent government steps force people help espouse particular causes group group whether composed railroad workers lawyers loses status voluntary group reason constitution endowed individuals freedom think speak advocate free people blighting effect either partial complete governmental monopoly ideas labor unions peculiar beneficiaries salutary constitutional principle lawyers think charged peculiar responsibility preserve protect principle constitutional freedom even violation however small judgment prohibited first amendment stopped dead tracks first appearance vital principle stake agree imposition parsimonious limitations kind decree courts fashion efforts afford effective protection priceless constitutional rights affirm judgment georgia modifications suggested although complainants suit brought six trial completed stat eleventh accordance requirements statute agreement provided language almost identical statute employee required become remain member union membership available employe upon terms conditions generally applicable member membership employe denied terminated reason failure employe tender periodic dues initiation fees assessments including fines penalties uniformly required condition acquiring retaining membership looper georgia southern trial also held section enforced violated fifth ninth tenth amendments view first amendment makes unnecessary consider claims amendments clay sun insurance office dissenting opinion specific problem use compelled dues political purposes raised hearings floor debates hearings subcommittee senate committee labor public welfare pp hearings house committee interstate foreign commerce cong rec senator potter introduced amendment limit use compelled dues collective bargaining related purposes pointed floor senate fact current practices labor organizations dissenters denied freedom support financially political ideological activities may oppose cong rec hardly contended debate proposal defeated indicated generally held belief use compelled dues already proscribed eleventh existing statute see cong rec see also concurring opinion see demille american federation radio artists cal dist ct app aff cal cert denied concurring opinion see giboney empire storage ice held hanson case respect eleventh even though statutory provision authorizing union shops permissive provision expressly declares state law superseded source power authority private rights lost sacrificed therefore governmental action constitution operates even though eleventh permissive form congress fully aware enacting almost certain result establishment union shops throughout railroad industry witness witness testified hearings bill testimony never seriously disputed see hearings supra note passim hearings supra note passim stokes church state brant james madison nationalist cf everson board education trial went include class employees opposed use union funds purposes negotiation maintenance administration agreements concerning rates pay rules working conditions wages hours terms conditions employment handling disputes relating read two opinions georgia however limiting holding precise question whether first amendment violated compulsory legal requirement employees pay dues fees partly used propagate political ideological views obnoxious employees consequently reach consider different question lurking part trial definition class see tribe cauble cf hansberry lee justice frankfurter justice harlan joins dissenting appellant unions collective bargaining representatives employees southern railway appellees six individual railway employees commenced action superior bibb county georgia seeking declaration invalidity injunction prevent enforcement agreement made authority eleventh railway labor act amended ground contract violation georgia law rights secured first fifth ninth tenth amendments constitution suit brought class action behalf employees former employees railroad defendants affected opposed agreement also opposed use periodic dues fees assessments required pay support ideological political doctrines candidates legislative programs monthly dues ranged petition alleged plaintiffs opposed unwilling voluntarily support ideological political doctrines candidates union dues assessments collected agreement used substantial part support georgia trial decision dismissing complaint failure state cause action reversed georgia upon remand parties stipulated allegations plaintiffs offered proof amount union funds went legislative political educational departments unions controlling organs trial made inter alia following findings unions funds expended substantial amounts promote political doctrines legislative programs plaintiffs opposed funds used substantial amounts impose upon plaintiffs conformity doctrines use funds reasonably necessary collective bargaining maintaining existence position said union defendants effective bargaining agents need unions engage loosely described political activities means promoting achieving purposes existence extent practice become essential part american labor movement particularly railroad labor unions relation means ends collective bargaining matters canvassed trial judicially noticed claimed slightest barrier interposed fullest exercise plaintiffs freedom speech form forum since matters canvassed findings upon made trial permanently enjoined enforcement agreement long unions continued engage improper unlawful activities described declared eleventh railway labor act unconstitutional insofar permitted exaction dues utilized promoting political activities union members disapproving expenditures unions also ordered repay dues assessments previously paid individual plaintiffs georgia affirmed judgment appeal probable jurisdiction noted completely defer guiding principle abstain entertaining serious constitutional question statute may fairly construed avoid issue unable accept restrictive interpretation gives eleventh railway labor act quoting relevant canon constitutional adjudication jin fuey moy justice cardozo whole enunciated complementary principle avoidance difficulty pressed point disingenuous evasion intention congress revealed distinctly permit us ignore mere misgivings power problem must faced answered moore ice cream rose question us whether eleventh railway labor act untorturingly read bar activities railway unions bargained accordance federal law union shop whereby forbidden spend union dues purposes uniformly extensively long pursued become commonplace settled conventional practices consideration relevant construction sustains restrictive reading statutory provision meaningfully construed except background presupposition loosely called political activity american trade unions general railroad unions particular activity indissolubly relating immediate economic social concerns raison unions pedantic heavily document familiar truth industrial history commonplace life write history brotherhoods mine workers steel workers amalgamated clothing workers international ladies garment workers auto workers leave political activities expenditures sheer mutilation suffice recall illustrative manifestations afl surely conservative labor group sponsored early extensive program political demands calling compulsory education day employer tort liability social reforms fiercely contested adamson act see wilson new direct result railway union pressures exerted upon congress president specifically weekly publication labor expenditure attack case since organ railroad brotherhoods finance files years show preoccupation legislative measures touch vitals labor interests men parties effectuate aspect call political side organic inured part philosophy practice railway unions immediate concerns viewed light total absence text context history purpose legislation review indication congress authorizing agreements attributed unions restricted artificial scope activities expenditure funds inference congress legislated regarding expenditure control contradiction prevailing practices better founded complete silence aim legislation clearly stated congressional reports eliminate free riders industry make possible sharing burden maintenance beneficiaries union activity suggest language covertly meant encompass less maintenance activities normally engaged unions withdraw life law say congress dealt artificialities railway unions functioned hearings debates lend slightest support construction amendment restrict uses union funds time amendment conventionally put sure legislative record spell obvious absence showing concern unions expenditures political areas especially issue briefly raised buttresses conclusion congress intended leave unions free unions surely fanciful conclude verbal vacuity implies congress meant amendment read providing members union may restrict dues solely financing technical process collective bargaining specific safeguards protective minority rights safeguards directed solely toward protection might otherwise find barred union membership negroes opponents unions reference free speech record enactment made president norfolk western railroad company hearings house subcommittee remarks related restrictive provisions union constitutions suppressed right dissatisfied member voice criticism upon pain expulsion claim remotely us sole reason clarifying proviso amendment payment dues explicitly declared legitimate condition union membership continuing fear lack protection unpopular minorities mention political expenditures references wasteland material strange find congressional concern possible impingements interests individual dissenters union policies therefore discernible discernible construction must placed upon statute neither terms accustomed habits union life remotely justify none parties interest time suggested possibility statute construed manner suggested neither individual dissident members railroad unions railroads railway labor executives association amicus curiae suggested statute emasculated manner proposed course confined absence claim significant construction found reasonable never occurred litigants two arguments attribute congress sub silentio meant bar railway unions agreement expending funds traditional manner easy give least hint purpose claim expenditures infringe appellees constitutional rights first amendment must therefore faced railway employes dept hanson pass validity eleventh railway labor act provided agreements entered carrier duly designated labor organization shall valid notwithstanding statute law territory thereof state held exercise power regulate commerce choice congress union shop stabilizing force industrial disputes seems us allowable one plaintiffs claims first fifth amendments without merit record hanson clearly indicated dues used normally described political legislative ends surely said ignorant fact everyone else knew union constitutions evidence authorized use union funds political magazines support lobbying groups urging union members vote candidates contention raised plaintiffs succinctly stated hanson plaintiffs brief indicated deciding merits complaint allegations proof us present record infringement impairment first amendment rights case lawyer state law required member integrated bar one suppose hanson reasoning disposed present suit georgia however reversing initial dismissal action lower relied upon following reservation opinion exaction dues initiation fees assessments used cover forcing ideological conformity action contravention first amendment judgment prejudice decision case use union dues promote relevant effective means realizing purposes unions exist constitute utilization dues cover forcing ideological conformity fair reading words come startling fanciful news railroad unions whole labor movement using union funds promoting opposing legislative measures concern members engaged operations cover implies disguise sham forcing conformity means coercing avowal belief entertained plaintiffs way subjected suppression true beliefs sponsorship views hold forced join sham organization participate collective bargaining functions serves conduit funds ideological propaganda totally different problem one presented provisions union constitutions fact prohibited members sponsoring views union opposed enabled officers sponsor views representative union nevertheless unanimously held plaintiffs hanson denied right protected first amendment despite holding gist complaint expenditure portion mandatory funds political objectives denies free speech right speak remain silent members oppose constituted authority union desires use union dues one desire power speak mind checked curbed individual member may express views public private forum freely union collected dues federal taxes also may diminish vigor citizen give partisan support political belief yet one place impediment making one views effective within reach constitutionally protected free speech claim constitutional recognition framers bill rights lived era overhanging threats conduct deemed seditious letters de cachet current issues concern protecting right individual freely express especially political beliefs public forum untrammeled fear punishment governmental censure assume arguendo plaintiffs alleged valid constitutional objection congress specifically ordered result must consider difference compulsion absence compulsion congress acts platonically wholly way congress commanded railroads shall employ workers members authorized unions congress given leave bargaining representative democratically elected majority workers enter particular contractual provision arrived duly safeguarded bargaining procedures statute forbids distortion procedures instance racial discrimination steele louisville nashville congress emphasized vital distinction authorization compulsion sess hanson noted union shop provision railway labor act permissive congress required carriers employees enter union shop agreements speak government acting permitting union shop scope force congress done must heeded trace compulsion involved exercise restriction congress freedom carriers unions contrary congress expanded freedom action congress lifted limitations upon free action parties bargaining arm length plaintiffs deprived right participate determining union policies assert respective weight defining purposes union dues may expended responsive actualities industrial society unions play role law regards union legal personality exercising rights subject responsibilities wholly distinct individual members see mine workers america coronado coal commonplace organizations minority legally recognized group may times see organization funds used promotion ideas opposed minority analogies numerous largest scale federal government expends revenue collected individual taxpayers propagandize ideas many taxpayers oppose noted hanson many state laws compel membership integrated bar prerequisite practicing law bar association uses funds urge legislation individual members often disapprove present case hanson asserted indistinguishable issues raised find constitutional difficulties integrated bar statement hanson carried meaning unqualified recognition legislation providing integrated bar exercising familiar functions subject infirmity derived first amendment securities exchange act congress specifically authorized formation national securities associations membership practical necessity many brokers dealers association urged passage several legislative reforms one confidently assume represent convictions members come closer heart immediate matter union choice picket go strike unconstitutional picketing still deemed also forum speech surely union decision strike statutory aegis bargaining unit unconstitutional compulsion forced upon members strongly oppose strike minorities infrequently indeed legislative reform intended insure fair representation minority workers internal union politics redundant despite precautions union constitutionally forbidden minority opposition spend money accordance majority desires unrealistic views plaintiffs becomes manifest light purpose legislative scheme authorizing union shop practical necessity unions participate matter analytical fragmentation may called political activities amendment railway labor act enacted eleventh passed effort make equitable sharing costs collective bargaining among workers bargaining agent represented sess hearings house committee interstate foreign commerce sess hearings subcommittee senate committee labor public welfare sess prior passage amendment way union compel members bargaining unit contribute expenses incurred seeking contractual provisions carrier redound advantage employees main reason prior law forbidden union shops railroad industry stated senate report amendment present prohibitions forms union security agreements made part railway labor act enacted law background employer use agreements devices establishing maintaining company unions thus effectively depriving substantial number employees right bargain collectively estimated agreements carriers unions alleged company unions agreements represented percent total number agreements industry situation labor organizations agreed present statutory prohibitions union security agreements effort made limit prohibition company unions however proved unsuccessful order reach problem company control unions labor organizations accepted general prohibitions also deprived national organizations seeking union security agreements provisions since enactment amendments company unions practically disappeared sess see also sess us hold defendant unions may expend moneys political legislative purposes completely ignore long history union conduct pervasive acceptance political life american labor initial role shaping legislation dates back years coming afl labor national scale committed act class party maintain program political action furtherance industrial standards british trade unions supporting members house commons early canadian trades congress debated whether political action main objective labor force recent australian case high upheld right union expel member refused pay political levy britain canada australia explicit first amendment beside point one thing freedoms safeguarded terms first amendment deeply rooted respected british tradition part legal presuppositions canada australia relation immediate concern british commonwealth experience establishes pertinence political means realizing basic interests expenditures revealed executive council reports emphasize labor participation urging legislation candidacies major one last three fiscal years committee political education cope expended total news cost legislative department reported total expenses yet georgia trial found funds reasonably related unions role collective bargaining agents one scarcely call finding fact bound even one law baseless dogmatic assertion flies face fact rests mere listing unions expenditures exhibit labor publications passage adamson act establishing day railroad industry affords positive proof labor may achieve desired result legislation bargaining techniques fail see wilson new supra higher wages shorter hours prime ends union bargaining collectively goals may often effectively achieved lobbying support sympathetic candidates least eighteen railway labor organizations registered congressional lobby groups one runs detailed list national international problems speaks seems rather naive conclude trial union expenditures reasonably necessary collective bargaining maintaining existence position said union defendants effective bargaining agents notion economic political concerns separable presidents committees congress invite views labor matters immediately concerned wages hours conditions employment accepts briefs amici issues called industrial circumscribed sense true life political protection irrelevant insulated economic interests true industry finance neither true labor disrespects wise hardheaded men authors constitution bill rights conclude scheme government requires facts life reject justice rutledge stated say labor unions nothing value contribute process electoral process vital legitimate interest ignore obvious facts political economic life increasing interrelationship modern society cio concurring opinion joined black douglas murphy jj fifty years ago held connection outlawry yellow dog contracts interstate railroads interstate commerce therefore found unconstitutional legislation directed evils agreements consonant facts life today holding adair say tax policies national government scheme rates exemptions close relation wages workers legislative developments like tennessee valley authority intimately touch lives workers within respective regions national measures furthering health education directly bear lives industrial workers candidates support movements stand different relation labor narrowest economic interests avowed opponents measures respectful modes thought madison jefferson projected day attribute view first amendment must construed bar unions concluding due procedural steps legislation conduces interest thereby prohibiting union funds expended promote passage measures congress unaware railroad unions might use mandatory contributions furthering economic interests political channels see cong rec consequences authorizing compulsory union membership foreseen indicated committees congress less four years earlier provisions act debated hearings senate committee labor public welfare pp hearings house committee education labor pp failure railway labor act amendments exempt member choose contributions put uses may reflected difficulties drafting exempting clause see hearings senate committee labor public welfare pp senate voted proposal enable individual union member recover portion dues expended collective bargaining purposes cong rec congress course free enact legislation along lines adopted great britain whereby dissenting members may contract levies used political purposes point mutual advantage association demands much individual disadvantage compromise must struck point reached intersection fall plainly question within special province legislature even social undesirability law may convincingly urged invalidation law debilitates popular democratic government laws dealing economic social problems matters trial error even law found wanting trial better defects demonstrated removed law aborted judicial fiat assertion judicial power deflects responsibility democratic society ultimately rests people american federation labor american sash door concurring opinion conclusion asked union members oppose expenditures protect right free speech although free speak ever governmental action permitted union elected democratic process bargain union shop expend funds thereby collected purposes controlled internal union choice mutilate scheme designed congress purpose equitably sharing cost securing benefits union exertions greatly embarrass frustrate conventional labor activities become institutionalized time give constitutional sanction doctrinaire views grant miniscule claim constitutional recognition everson board education legislative power state subsidize bus service parochial schools sustained although recognized subsidy parents undoubtedly enabled send children church schools otherwise makes little difference whether conclusion phrased establishment religion found whether forthrightly stated merely incidental establishment insignificant figures department health education welfare show yearly cost transportation schools massachusetts totals approximately illinois scarcely termed negligible expenditures might consider resulting establishment substantial loss free speech payment per month union dues whereby dissident member feels identified mind union position words justice cardozo used different context applicable ountless claims right discovered source operative limits provisions federal statute constitution circumambient restrictions upon legislative power set bounds pursuit courts formulated distinction controversies basic collateral disputes necessary merely possible shall lost maze put compass gully first national bank reverse remand case dismissal georgia courts errata miniscule minuscule statute must construed fairly possible avoid conclusion unconstitutional also grave doubts upon score taft time gompers perlman taft history labor pp sess remarks harrison hearings house committee interstate foreign commerce cong rec hearings subcommittee senate committee labor public welfare pp remarks smith hearings house committee interstate foreign commerce pp compare railway employes dept hanson pertinent portion section follows notwithstanding provisions chapter statute law territory thereof state carrier carriers defined chapter labor organization labor organizations duly designated authorized represent employees accordance requirements chapter shall permitted make agreements requiring condition continued employment within sixty days following beginning employment effective date agreements whichever later employees shall become members labor organization representing craft class provided agreement shall require condition employment respect employees membership available upon terms conditions generally applicable member respect employees membership denied terminated reason failure employee tender periodic dues initiation fees assessments including fines penalties uniformly required condition acquiring retaining membership stat eleventh see provisions constitutions brotherhood maintenance way employees brotherhood railway carmen america international association machinists hanson record pp appellees brief pp grand lodge constitution brotherhood railway carmen america prohibits members interfering legislative matters affecting national state territorial dominion provincial legislation adversely affecting interests members ignore distinction go far beyond severely criticized indeed rather discredited case butler found coercive implications processing tax agricultural adjustment act dissenting views justice stone concurred brandeis cardozo may surely said day although farmer placed legal compulsion reduce acreage said mere offer compensation species economic coercion operates legal force effect though curtailment made mandatory act congress analysis amendment leading narrow scope constitutional implications see wellington constitution labor union governmental action yale following integrated bars alabama code tit alaska alaska laws ann arizona code ann california cal bus code florida stat vol pp rule idaho idaho code kentucky rev stat louisiana la rev stat art iv articles incorporation la state bar dart annotations la stat michigan stat ann mississippi miss code missouri mo rule mo xxix nebraska neb rule iv integration nebraska state bar neb nevada rev stat new mexico mex stat ann north carolina stat north dakota rev code oklahoma integration bar oklahoma amended rules approved october stat cum ann pocket part tit app oregon rev stat south dakota code texas vern civ art utah utah code ann virginia code washington rev code west virginia code ann wisconsin stat wyoming wyo stat wyo rules state bar rule far reported decisions upheld integrated bar constitutional attack carpenter state bar california cal herron state bar california cal petition florida state bar mundy la ayres hadaway scott platz gibson mex kelley state bar oklahoma lathrop donohue affirmed post maloney act added securities exchange act stat order registered number statutory standards must met statute specifically requires association rules provide democratic representation membership dues equitably allocated see one association national association securities dealers ever applied granted registration nasd membership comprises roughly brokers dealers registered securities exchange commission loss securities regulation supp sections act authorize nasd formulate rules stipulate members shall refuse deal immunity antitrust laws see sess loss op supra commission stated virtually impossible dealer member nasd participate distribution important size national association securities dealers senator frear introduced bill greatly expanded applicability registration proxy insider trading provisions securities exchange act small corporations sess nasd supported passage proposed legislation testified behalf senate subcommittee hearings subcommittee senate committee banking currency sess loss op supra extent thornhill alabama survived applied chauffeurs union newell see cox internal affairs labor unions labor reform act rev commons history labor taft time gompers bakke kerr unions management public cole short history british working class movement ed logan trade unions canada william hursey totals figures reported proceedings constitutional convention vol ii pp pp stat letters clerk house representatives librarian may may recent example see statement stanley ruttenberg director research pending tax legislation house ways means committee reported part new york times may contested question corporate field legitimacy corporate charitable contributions presents dissimilar problem whether government may authorize organization expend money purpose outside corporate business individual stockholder opposed shareholder joined prior authorization therefore said impliedly consented surely directly affected member union shop see smith mfg barlow upheld federal constitutional attack state statute authorized new jersey corporations make contributions charity amounts involved substantial see proceedings constitutional convention vol ii pp recent leader london times reviewed annual report british trade unions council noted document concerned political subjects industrial sides london times course legislation great britain illustrates various methods open congress exempting union members political levies consequence restrictive interpretation trade union act house lords amalgamated society ry servants osborne parliament passed legislation allowed union member exempt political contributions giving specific notice trade union act geo fear instilled general strike caused conservative parliament amend contracting procedure contracting scheme net effect require individual give notice consent contribute dues used political purposes trade disputes trade unions act geo labor party came power parliament returned method trade disputes trade unions act geo vi conservative party came back retained legislation opponents statistics state school systems organization staff pupils finances department health education welfare