The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-19
AN INJUNCTION ISSUED
AMERICAN STEEL AND WIRE CON-
PANY STRIKERS ENJOINED.
Important Decision by Judge HAM
mOnd Affecting the Rights of Union
and NOnuniOn Labor.

CLEVELAND, o.. Oct. 1s.-Judge Ham
| mond, of the United States Circuit Court,
granted the application of the American
Steel and Wire Company for an injunction
against the striking wire drawers to-day.
The injunction is a blanket one and APP
plies to all the defendants named in the
petition and to others who may hereafter
interfere with the employees of the company.
The court held that those seeking employ
ment in the place of the strikers have rights
which labor unions and strikers are bound
to respect, and that one of the rights of
each citizen is that of unobstructed access
to the place where work is to be done and
over the streets and highways and usual APP
proaches to such place, and that this free
dom of access is not at all inconsistent with
the right of strikers to use the same streets
and highways for the lawful conduct and
maintenance of their strike by peaceful en-
treaty or argument with men intending to
supplant them in employment. The injunc-
ton granted restraints the strikers from in
any manner interfering with the operation
of the complainant's mills and from
testing or intimidating or threatening those
desiring to work at the mills and from con-
greSating and picketing the mill or the
intimidation.
labor Is not only a right Of property, but
of liberty, which the man enjoys in this
country as his birthright; that the liberty
of which we boast is not confined to polti-
cal rights alone, but extends as we'll to per-
sonal activities in and about one S daily
business, be he laborer or capitalist; that
the riSht which the court enforces by in
junction is the same right that lies at The
foundation of the strikers own freedom
but their own, and It is right which 10
person, because he is a striker, can law
fully deny TO the so-called 'scab," who is
entitled to pass freely through the streets
and highways to his work. In this country,
this freedom to contract in Business is a
constitutional freedom, which even state
legislatures cannot impair and certainly
not strike organizations, for they surely
cannot lawfully do what the Legislature
may not.
10 the suggestion that few acts of vio-
lence have been shown. the judge said that
most potential force or violence may exist
without lifting a finger against any man
or uttering word Of threat against him.
and that the plan of campaign adopted here
vas a most substantial exhibition of force
by keeping always near the mill large bod
les of men. massed and controlled by the
leaders so as to be used for obstruction if
timid man, would be deferred by the mere
knowledge of the fact from going to the
mill when he desired to go and had agreed
to go, or was already at work or feared
to return to 1T through the streets, where
the men were congregated, or. having
started, would turn back when fearing the
trouble that might come of the attempt
Such a force is violence within the prohibit
ton of the law and its exhibition should be
enJoined as violating the property rights of
the plaintiffs in the streets and their lib
erty of contract.
To the claim made that the mills were
employing foreigners. the court terSely said
there is no distinction in this country in the
! legal rights of classes based on race ma
| tionality. and al stand upon an equal foot
| ing in this respect. Foreigners are no long
| er treated as outlaws or barbarians by any
| civilized nation, and that if racial distinc-
| ton were to be considered in the case at
! bar, there is very beggarly show of Amer
| leans or Anglo-Saxons, and both strikers
and nonStrikers are rather a conglomerate
| lot of numerous races.
United States Judge Kicks sat on the
| bench with Judge Hammond during the
reading of the decision. The strikers AattOr-
neys gave notice that they would enter a
! motion to take the case to the United
| States Circuit Court of Appeals.