The Minneapolis journal., 1902-08-21
JUDGE HOLMES AND LABOR

The statement by Walter Wellman
touching the views of Judge Holmes. re-
Gently appointed to the supreme bench in
place Of Justice Gray, which was pub
lished in yesterdays J u r n !, on the
subject of labor unions and labor's rights,
is Interesting, as it might, from the
pressions used. give the impression that
there exists an improper prejudice on the
part of the federeal supreme court against
Holmes has been appointed to represent
| especially such interests.
President Roosevelt would probably re-
pei such suggestion If made to him. The
supreme court, as it has itself declared,
is claw for rulers and for people, equally
In war and peace, and covers with it's
shield of protection all classes Of men, at
all times and under all circumstances"
This is unquestionably the controlling
spirit of the court, and 1t Is not at all
likely that the president had any idea of
rejecting upon the fairness of the court
as constituted Judge Holmes was, no
doubt, appointed ITO join the court in it's
ties of citizens under the constitution, as
such hacases come up, and to render his
opinion without prejudice or coercion In
any form from the outside His judicial
record gives evidence of the utmost fair
! ness in the cases affecting labor which
have come before him on the Massachu-
sets bench He has already dealt with
i fho ~ f1o vt +onf
Of the right of persuasion in strikes. He
has gone somewhat beyond certain Judges
of the state and federal bench as to the
right of picketing by strike leaders, as he
held in a Massachusetts, case that picket
ing the approaches to a factory by strike
leaders is allowable, provided no force is
used.
Of course picketing, as a silent per-
suader of men desiring to- work, is not
always characterized by proper respect for
a mans right to labor on his individual
contract with an employer. In the Chi
cago freight handlers strike picketing be-
came an act of tyranny. It has been. so
! during the present anthracite strike.
| Judge Holmes has expressly said,~>in the
case referred to, that the right Of <persu-
sion is strictly limited to peaceful persu-
4 aston. He has no sympathy whatever
with the use of force or intimidation in
any form. = ...
The federal Judge, Keller, of West Vir-
ginia, recently gave the opinion that
strikers must not get close enough and
act ON a body of men at work so as to
intimidate or interfere, or make afraid
those who desire. to work., and a Penn
sylvania Judge granted a preliminary in
junction restraining the United Mine
Workers from parading the streets OF
Leechburg with two brass bands for the
purpose Of int1midating miners, who
wanted to- work. Judge Wing, of Ohio
holds that persuasion too emphatic OF
. too long and persistently continued, may
itself become a nuisance and it's use 8
form of unlawful coercion" In New York
the court of appeals has upheld the judg-
ment of a lower court to the effect that
in the case Of no other contract does g
; man make himself liable as for tort By
inducing its violation by persuasion, ant
there is no reason why the contract Of the
emplOye SnOulo De mace the exception
, with the advance in civilization the rea.
son for the rule has entirely passed away
This is the position of Judge Holmes. az
/ shown by the digest of his decisions ii
, labor cases recently published in the Bos
ton Herald. There is nothing revolution
, ary about his Views.
r Certainly, at this period of the world.
| history, few intelligent people will ven
r ture to uphold former English decision.
t that the threat to strike is high offense
and that a movement ,of workmen to OBJ.
r tain more wages is punishable, as to tn,
, third offense, with a station in the ptllor.
and the loss of an ear. There is probabl,
| not menbersof the federal supreme cour
> to- day who would not construe persuasio,
: with the liberality characterizing the
: New York decision referred to: It is mos
/ probable that Judge Holmes appointment
!, was made, not that he might teach .th
t federal supreme court modern ethics as t,
j, the rights of labor, but because, by intel
9 lectual force. long judicial exDerienca Il