New-York tribune., 1902-07-04
AN EXPECTED REVERSAL.

No surprise is created when Mr.. Justice Gay
nor is reversed in the higher courts on any ques
fion. On the other hand, much surprise would
have been awakened If the Appellate Division
had failed TO reverse his refusal to enjoin strik-
ers from interfering with the employees of the
Herzog & Erbe bookbindery. The unanimous
decision that the plaintiffs were clearly entitled
to the injunction should be an impressive re-
fninder of the fact that judicial duty consists
not In advocating theories Of social betterment
or lecturing employers who do not sympathize
with labor unionism, but in administering the
law and using the power Of the courts to keep
order and protect citizens in the enjoyment of
their legal rights.
When Mr.. Justice Gaynor handed down his
opinion denying the injunction prayed for The
Tribune called attention TO it as transcending
the courts proper sphere. The striking book
binders were "picketing" the plaintiffs prem
tses and threatening violence to their working
employees. The situation with regard to the
intimidation Of employees who were willing and
anxious TO work peacefully for the plaintiffs is
thus described by Mr.. Justice Hirschberg in the
reversing opinion:
They are such as were we'll calculated to occa-
Een fear In the minds of the plaintiffs present
employees that continuance in such employ
ment would result in bodily harm. They in
clOde threats to do these Yorkmen unless
they Join the strike; to fight them man 10
man." TO beat every man that woras in that
shop" to Fix" them so that they could never
get another position in the United States; TO
lay for them and blow their heads off 10 blow
they keep on working for the firm, and in one
instance to paint workman so black that the
dogs won't eat bread" out of his hand etc.
One or these employees, a girl nineteen years
of age, visited by some Of the defendants
at her home and charged by them with being
Improperly Intimate with one of the peaceful
workmen. and was not only threatened person.
ally In case she failed to use her influence 10
get this workman to join the strike. but
I assured that the defendants would ''5low his
brains out" The actual violence exerted is also
detailed In the affidavits.
When this state Of facts was placed before
Mr. Justice Gaynor he not only refused to issue
an Injunction forbidding such unlawful acts but
proceeded TO lecture the employers as to how
they ought to conduct their business, saying:
These plaintiffs seem to have brought on the
trouble by ntatiously and needlessly post
ing in their factory notice that they Will not
recognize the Bookbinders Union. Wiser en-
ployers have learned that IL is a convenient and
useful thing TO recognize lawful labor organiza-
tions and to deal with them
Nothing can be more obvious than that it was
none of Mr. Justice Gaynor's business whether
the plaintiffs dealt with the union or refused
to recognize IL. They may have been extremely
foolish employers, and the Justices view of the
wisdom and convenience of more conciliatory
methods may have been correct. Nevertheless
they had legal right to recognize the union
or not as they chose and they and those who
wished TO work for them were entitled to the
protection OF the court against the intimida-
ton and other lawless acts of strikers no mat
ter how Just the grievance Of the latter or bow
foolish the course which provoked the strike.
The Appellate Division puts the case admir-
ably when il says:
use ann nf fy,a
imuaterial The strike a lawful act what
bver motive may have inspired II. so long as 1t