The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-15
THE RIGHT TO STRIKE.


yer. at one tina member of the United
States interstate commerce commission,
has published in the current number of
the Forum very able and timely article
concerning recent labor rulings by Federal
courts. The scope and extent Of these de-
cisions are briefly summarized as follows:
Judge Kicks holds that mandatory injunc-
tion may Issue requiring employees fully to per-
form their duties connected with interstate
commerce. % long n they remain In service.
Judge Taft rules that acts tending to induce .
boycott which would interrupt the movement
OF interstate commerce may be prevented and
corrected by like process. Judge Billings AZ
firms the propriety OF an Injunction against
combination of laboscrs acting In restraint OF
trade or commerce. Judge speer approves .
receivers contract for labor. but makes Il sub
ject to conditions which eliminate the boycott
Each OF these decisions rests upon the Fcdcrnl
control OF interstate commerce, as expressed in
the interstate commerce Law and the antitrust
law.
Col. Walker discusses these decisions
with reference to labor's right to strike.
He points out that Judge Kicks does not
attempt to enjoin any employee from volun-
tarily quitting his employmnt, and says !:
That the right OF men to strike in order to &c.
cure for themselves better terms was not In.
volved in the case at Toledo is shown by the
fact that the strikers were employees OF tho To-
ledo. Ann Arbor & North Michigan Railway
Company, against whom there 10 no proceeding
pending. The entire litigation IL in respect to
the conduct OF the engineers OF the Lake shore
company, who did not go on strike but under
took 20 initiate boycott against the Ann Arbor
road: and whose action was not by reason Of
any grievance Of their own, but wholly and
purely sympathetic"
The court does not question tho right Of
labor or Of capital to combine. so long as
the combinations are legitimate: so long
as the public are not oppressed and the
rights Of others are not involved by the
methods used or the results attained.
Labor has the same right as capital. There
can be no discrimination in the treatment
Of the question of competition. What is
allowed TO capital in the way of anchor
ton must DO allowed to labor, and labor
must not he allowed to employ methods
which would lie denied to capital.
The law permits trade unions; permits
argument and persuasion with non-union
men. but prohibits and Furnishes forcible
efforts TO exclude non-union men from the
employers premises. Col. Walker points
out that the trouble here els not IN the
strike, bu, in the methods OF the strikers.
Tho peace Of the state 10 involved, the
right of every citizen TO work IL he will is
destroyed the right of the employer TO
use his property if he can is ignored; the
interference OF the militia, as at Home
stead and at Buffalo. becomes a necessary
eorollary when local authorities are too
feeble To Afford protection.
Judge Kicks did not hold the four Lake
Shore engineers who successfully refused
~ take train which contained seven cars
10 he delivered 20 the Ann Arbor road. re-
signed and left the service of the company.
but in the case OF Engineer Lennon the
court finds that he did not leave the com.
many. service and should have oheyed the
injunction, which required him TO accent
the cars. Eusployes who remain in service
mast obey the mandatory order Of the
court as ~ The lawful sery ices To bc done.
Judge Eicks expressed the opinion that an
Abandonment Of services in the course OF a
days nan or after the engineer had re-
sponded tn y call would he breach Of con
tract ani lnsimatei tina; hereafter the
/ DAYS ran mast be completed before the
| rlSh' - qult can be properly exercised.
! Ihss Is sufficiently iGi. and clear staG-
| nent ~ All the POINTS involved in Judge
| Ricks' decision
| Judge last 81 the United States Circuit,
| ooart, enleiuei Chief Arthur from issuing.
| rromglEAtlLg ara continuing in force sny
| rule or order ot she brotherhood Of Loco.
motive Fagineers requiring employees e.
| refuse t. handle aiy cara 81 freight in tbs
course az interstate transportation. and
| he - "a also en losnea - 5.sciai any sueh
order which he might previously have
| made.
| Judge TAis's Argument IS tbs; connect.
| Tag carriers are required ty tire in,srs,sts
! commerce law ~ han3le through ;re,sh;
| ;Av combination formed by rae = Is q
| indsee procure and compel employee "a
, other companies - refuse equal faclll; s.
/ - a company GA whoa a strike e1.s.s
/ which i Ar u'ieGSe aEairs, The laas o. tAs
| United states. fog Arthur 10 send wovsi
- Sae e.evea ChAirmea as he did was Il
| act tn iuFtheFsnce 81 tae cansriraey &
procure the Defendant cumpan.es &
eomnAst a cssu.e. Az! log the uler
| - refuse - handle lie ife1gA,, o: