ice Black
announced its refusal "to return, * * * to * * * [a] due process
philosophy that has been deliberately discarded. * * * The due process
clause," it maintained, does not "forbid a State to pass laws clearly
designed to safeguard the opportunity of nonunion workers to get and
hold jobs, free from discrimination against them because they are
nonunion workers."[169] Also in harmony with the last mentioned pair of
cases is Auto Workers _v._ Wisconsin Board[170] in which was upheld
enforcement of the Wisconsin Employment Peace Act which proscribed as an
unfair labor practice efforts of a union, after collective bargaining
negotiations had become deadlocked, to coerce an employer through a
"slow-down" in production achieved by the irregular, but frequent,
calling of union meetings during working hours without advance notice to
the employer or notice as to whether or when the employees would return,
and without informing him of the specific terms sought by such tactics.
"No one," declared the Court, can question "the State's power to police
coercion by * * * methods" which involve "considerable injury to
property and intimidation of other employees by threats."[171] Finally,
in Giboney _v._ Empire Storage Co.,[172] the Court acknowledged that no
violation of the Constitution results when a State law forbidding
agreements in restraint of trade is construed by State courts as
forbidding members of a union of ice peddlers from peacefully picketing
a wholesale ice distributor's place of business for the sole purpose of
inducing the latter not to sell to nonunion peddlers.

REGULATION OF CHARGES; "BUSINESSES AFFECTED WITH A PUBLIC INTEREST"

History

In endeavoring to measure the impact of the due process clause upon
efforts by the States to control the charges exacted by various
businesses for their services, the Supreme Court, almost from the
inception of the Fourteenth Amendment, has devoted itself to the
examination of two questions: (1) whether that clause precluded that
kind of regulation of certain types of business, and (2) the nature of
the restraint, if any, which this clause imposes on State control of
rates in the case of businesses as to which such control exists. For a
brief interval following the ratification of the Fourteenth Amendment,
the Supreme Court appears to have underestimated the significance of
this clause as a substantive restraint on the power of States to fix
rates chargeable by an indus