The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-10-07
THE RIG HTS OF LABOR.
Judge Fosters Remarks on tee Auburn
Injunction Case.

AnJuhGtiUn OosO'
In granting the injunction prayed for
by the A u burn shoe manufacturers Judge
Foster spoke as follows:
We live in free country it is true, but
people are not absolutely free. When
men associate themselves into a govern
ment they become amenable to the laws
which are enacted by that government,
SO that freedom is relative instead OF abb
solute.
I think the trouble in great part. al
legged in the bill of complaint upon which
temporary injunction has been issued,
and will be enforced by this court, as
also the matter presented by the mayor
and these petitioners to call upon the
militia of the State of Maine to sup
press tumult, riot, a mob or body
of men acting together by force with in
tent to commit felony OF to offer vio-
lence to persons or property, as set forth
in the militia law,-I say when such
facts are presented to this court, the
court may take cognizance by rtue of
the law and will act upon it if it deems
advisable, but as l said before | appre-
bend that great portion of the trouble
that has existed here for the past few
weeks in this otherwise quiet and beauti-
full city of Auburn, has arisen from a
mistaken idea of the law, and if | were to
use the language of the highest court in
a neigh boring State, should say as said
by the court, that in England and here
it is lawful, and it may be added COM
mendable, for any body Of men to assocl-
ate themselves together for the purpose
of lettering their condition in any re-
spect, financially, or socially.
The very existence of free institutions
invites them to higher levels and better
fortunes. They may dictate their own
wages; choose their own employers, and
serve man and Mammon according to the
dictates Of their own consciences. But
while the law accords this liberty to
one, it accords like liberty to
every other one, and each are bound SO
to use and enjoy their own liberty and
privileges so as not to interfere with
those of their neigh bors.
"All the legislation of England and
America has been in the direction OF
according to laborers, equal rights with
all other men. From time to time Iegis-
lation has been liberalized and Christian
lied and today in England as here Fin. the
State of Maine) workmen stand upon the
same broad level of equality before the
law with all other vocations, professions
or callings whatever, respecting the dis
position of their labor and the advance
ment of their associated interests.
There, as here, it is unlawful for men
or hinder the free choice of workmen In
the disposal of their time and talents.
There as here, it is unlawful for work
men wrongfulIy to coerce, lntlmldate or
hinder employers in the selection of such
workmen as they chose to employ. There
as here, no employer can say to work
man that he must not work for another
employer, nor can a workman say to the
employer that he cannot employ the SER
vice of another workman
Such apprehend to be the law of the
State of Maine today and the common
law of this land, and while we boast of
the privilege of having our liberty, we
must be careful that we do not intrench
on the liberty of those who have equal
rights with ourselves. And I say this,
that if this trouble has arisen by reason
of an attempt on the part of those who
have been employed by employers in
these factories to coerce employers to
desist from employing any man whom
they please, to sintimidate them by threat
or by acts or by violence, or in other
words by boycotting, as the popular term m
State will take cognizance of the facts
as they are presented.
1t is the first to my knowledge that has
ever been presented in any court in this
state, but nevertheless the law | appre
bend to be as well settled as any princi-
pie of the common law that exists today
in our state or in our country. 1t must
be understood and may. as well be UNI
derstood now as later that if coercion is
attempted on the part of those who seem
to be or may be considered to be mob,
or lawless, or tumult or even by those
who claim to. be workmen and are out OF
employment of their employers, if it is
undertaken to coerce the manufacturer
to employ any particular persons whom
L J,oe ,,o+x oh foG fn
vent his employing whom he pleases, it
is unlawful proceeding Such is my
opinion, and care will be taken not to go
beyond the bounds of what the courts of
this state will sustain.
Many people have mistaken idea as to
what constitutes freedom. l have not
the right to say to my neighbor by put
your purse" | have not that unre-
strained liberty in a community where
law exists. Neither has my neighbor a
right to present a pistol to my breast and
say, Deliver up your money!" Neither
has he any right to say that shall en-
ploy this man or that. care not
whether it be by organization or individ-
ual action. 1t is unlawful, and being
carried into effect it becomes an unlaw-
full conspiracy. For that reason / issued
the injunction as was asked in the case
presented to the court this morning. /
have been sorry since l came to this
beautiful city to see what l have seen in
the way of these demonstrations. They
may have been innocent in intent, but
from the evidence presented to me here
I had not before taken Judicial knowl-
edge of these facts but from the evil
dence presented by the mayor of this
city, who is the highest officer in COM
mand, by the city marshal, who is acting
under and by virtue of his auth GRITTY,
must take Judicial knowledge of the
facts, by the law which says that when
there is, in any county, a tumult, riot,
mob or body of men acting together by
force with intent to commit felony, or
to offer violence to persons or property,
or by force or violence to break and resist
the laws of the state, and of the United
States, or::when such tumult, riot or mob
is threatened, and the act is made to ap-
pearl then there is no doubt as to the
authority of the court to issue it's order
which is provided by that same law to
the commanding officer of battalion
or regiment of citizen soldiery in thir
state, and command them to appeas
here armed and equipped as the law re-
quires for the preservation of peace and
to aid the civil authorities of this state in
keeping peace and in protecting persons