Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1899-09-04
A POINT FOR LABOR.
JudESs w hides Holds That Persua-
atom Cannot BE Enjoined.


Judge Thomas q. Windes has decid.
ed that notifications asked for by the
defendant should be made in the in.
functional order granted in the case of
Fraser & Chalmers versus, the Iron
Molders' union of Chicago.
Fraser & Chalmers men went out on
4 strike June 81. Judge Hanecy in
chambers granted an injunction re-
straining the strikers and labor unions
from hindering. obstructing or in other
ways interfering with the company's
| business.
Tie Iron holders union. through its
attorney, Clarence s. Darrow. asked for
a modification of the injunction by the
| elimination therefrom of so much of
the order as sought to prevent the
molders from using peaceable persua-
sion with employees or persons seek
| ing employment with the complainant,
or from going upon the streets or TO
the homes of sucn persons for the pur-
pose of peaceful persuasion.
The motion to modify the order was
made before Judge Tuley during the
| hearing of emergency business in the
| circuit court and was sent before
| Judge Windes by agreement of counsel
| and Judge Tuley.
Judge Windes held in his opinion
that lin 10 event should the injunc-
ton go beyond the prohibition of any
acts by the defendants which are not
in themselves unlawful. whatever may
be the effect of such acts upon the
| business and property of the COM
plainant." Judge Windes stated that
8 -.
attention was called justifies a resort
| to the remedy of injunction to restrain
the doing of acts not illegal, and fur
thermore said:
1.-The complainant represents Il great
combination of capital. 1t is itself a
combination. The law permits the de-
PENDANTS to combine. Their labor is
their capital. They may use any peace
able and reasonable means to gain
an advantage for themselves. If the
defendants have the right to combine
together, it necessarily follows, as it
seems to me, that they may persuade
and entreat others to join with them,
so long as they do not in their attempts
at persuasion resort to force, violence,
threats, taunts, jeers or intimidation;
persuasion or entreaty should not be ac-
companied by a manner that will make
it amount to intimidation. 1t should
then not be termed persuasion or en-
treaty. Persuasion in the smoothness
of words or by blandness, accompanied
by great show or a congregation of
numbers. or by intonations of voice in
dicative of threats or ridicule which
have most vindictive purpose, might
well be denominated intimidation. /
regard that as more n matter of proof.
q do not think the order OF the court
should be such as to prohibit an act
of persuasion; an act entirely legal
when done with a proper motive, and
in a manner and under circumstances
which do not convey n meaning entire
ly opposite of the ordinary interpreta-
ton of such language.
This being the view which l take
of this matter after as careful con-
sideration of the question as 1 have
been able to give, and after reading
with great care the authorities-and
there are many authorities bearing
upon these and similar questions-I
think this order of injunction ought to
be and it will be modified by striking
out the word "persuasion'' wherever it
occurs, and so limit the general lam
guage of the order that it shall re-
strain acts. direct and indirect, of
force, violence or intimidation. Also
direct or indirect threats being made;
also from cOngregating about the ap-
proach of compliments premises to
number exceeding ten, for the purpose
of picketing or talking to them. That
part of the order relating to defendants
going to the homes of the employees
of complainant or proposed employees
should, l think, be stricken out, be-
cause 1 regard it as substantially COW
cred by the other provisions of the
order, in that they will be restrained
from all acts of force. violence or In
timidatiOn, direct or indirect.
''The question is a very grave one
and while there are authorities which |
would seem to Justify courts in having |
entered this order as asked for, they |
do not please me. 1 do not regard |
them as binding upon me in any way,
and / feel if the chancellor do not |
know who it was-who entered this |
order recently had as fully and care,
fully read these authorities as 1 have.
the order would not have been so |
broad"
Debs VIII Spread Out.
The circular announcement of L, w