Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1894-03-10

AS L Sdlu DBlOTS, ClHlUl Uney IldVt J10
right to use the lever of Inconvenience
to the receivers. But your injunction
forbids them to quit under any circum-
stances.
'"They can quit tomorrow and go to
Texas If they will" retorted the judge,
little excitedly. But they don't
want to do that, Their officers may
advise them, too"
But, your honor, they can't go un-
less each man puts as good man in
his place as he is himself because
your injunction forbids ,them from
in any manner embarrassing the re-
ceivers in the operation of the road. If
the object of the strike is to gain an
advantage it is legal; if the object is to
do injury, it is malicious. In either
case no injunction is necessary, as the
law Furnishes malicious trcspass.
Definition of a Strike.
At the opening of the afternoon ses-
sion Attorney Quarles read defini-
ton of strike furnished by Grand
Chic Clarke, of the order of Railway
Conductors 1t was as follows:
"A strike Is concerted cessation OF or re-
fusal to work until or unless certain conditions
which obtain or are incident TO the terms of
employment are changed. The employe de-
clines to longer work knowing full well that
the employer may Immediately employ another
TO fill his place, also knowing that he may and
may not be reemployed or returned to service.
The employer has the option OF acceding to the
demand and returning the old employees to serv-
ice, of employing new men or of forcing condi-
tions under which the old men are glad to re-
turn to service under the old conditions"
Following this up Mr.. Quarles said
that strike was merely combination
to secure better wages or to protest
against any unjust reduction. In this
case the Northern Pacific employees had
done no unlawful act and the only
thing they were suspected of being
about to do when the injunction was
issued was to get the highest wages
possible, perfectly lawful proceeding,
provided they did not violate any law.
May BE Strikes without Violence.
At this point Judge Jenkins inter-
rupted to ask if strike could be made
effective without the use of violence or
intimidation. Mr.. Quarles thought it
could and called attention to the fact
was that they intended to quit;
not that they contemplated any
violence or intimidation. After
saying that because some strikes
were attended with violence all the
/ strikes could not be declared illegal,
the attorney went on to say that the
court could not abridge the right OF
any citizen, no matter how much it
might inconvenience corporation or
any person in particular 1t was not
right for a court to impose restrictions
upon any certain class, and to deprive
labor of the right to combine was tc
take away it's only weapon and it's only
shield.
The Other Side.
Col. John II. McNaught opened the
argument for the receivers. He begar
by making the broad statement thai
the object of the writ issued by the
court was not intended to limit thG
right of the employees to quit. H,
added that he knew the writ did no
prevent the men from quitting at any
time they might choose, because h
had asked the court TO include tina
clause and the court had refused.
If the order to strike had been is
sued, said the attorney, great damag,
would have been done. People alon!
the line of the Northern Pacific woulC
have suffered for the necessities of lif
by the road being compelled TO stol
running trains As it was, the turbu
lent element was held in check.
Mr.. McNaught went on to read tn
clause in the bylaws of one of th
labor unions, wherein it was specified
that any man REFUSING to obey an orde
of the union leaders would be expelled
Attorney Harper interrupted to sa,
that this did not apply to strikes but t,
orders relative to settlement
Can Prevent Men from Quitting.
Changing his course little Mr.. Nc
Naught argued that the court did hav
the power to prevent the men quitting
as the road was being operated unde
his orders.
THE court" shouted the lawyer
has the same power over these me
that he has over his clerk"
THE clerk could quit" said MI
Harper.
Not if his action in so doing woul
embarras the court"
"Humph," calculated Harper, 9Th
receivers could quit"
"And throw this great estate into th
street." shouted Mcknight. "Rui
this great business involving million
of dollars"
Eyes, they can quit any time they Sc
At. The law can compel no man
serve in position against kis will"
Called Harper an Anarchist.
Here occurred the most dramatic il
cident of the day. Attorney McNaugt
suddenly wheeled and facing Attorne
Harper he exclaimed in voice S
shrill that it was almost shrieI
THAT is anarchy; that is communism
thought you were lawyer, pardo
[ me for saying it"
, Harper is a man of massive propo
, tions, and he did not move muscle {
. his face, but, rising, said: II repei
that the receivers can quit whenev'
} they see fit The law can compel L
. man to serve in position against h