The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1902-04-25
CONCERNING STRIKERS.

legal decisions of special interest at tnls
time. 1t will be observed that it is very
clearly stated that workmen have
perfect right to organize for the purpose
of securing higher wages or shorter
hours of labor or they may refuse TO
work with non-union men. They may
also strike, to have this right respected
and SO long as they do not violate any
contract in 80 doing and are not animal
ed by malice they are only exercising
legal right and the law will uphold
them.
On the other hand if a striker at
tempts to compel others ''to do or TO re-
frain doing he exceeds his own lndlvld-
ual rights and privileges and may be
dealt as a violator of the law"
Two decisions rendered by courts in
different states, almost on the same
day, strikingly set forth the righu OF
men to quit work and the right OF
men to work, if they so incline; with
out molestation from others.
The first was rendered at Albany, by
the New York court of appeals, IN
decision handed down in the case OF
the National Protective Association
of Steam Filters and Helpers and
Charles Mcqueen, appellant, against
James M. Comming and Patrick j.
Duff, as treasurer of the Enterprise
Association. 1t was case involving
the right of labor union men to de-
cline to work with non-unlon men
and to order a strike to have such
right respected. The court was dlvld-
ed in it's decision, but the prevailing
opinion was written by Chief Justice
Parker, who said:
sit is not the duty of one man to
work for another unless he has agreed
to, and if he has so agreed, but for no
fixed period, may end contract
whenever he chooses. Workingmen
have the right to organize for the
purpose of securing higher wages,
shorter hours of labor or improving
their relations with their employers.
They have the right to strike provided
the object is not to crafty malice or
lnf1ict injury upon others. A peaceful
and orderly strike is not in violation
of law. So long as workmen must
assume all the risk of injury that may
come to them through the carelessness
of CO employees they have the moral
and legal right to say that they will
not work with certain men and the
employer must take their dictation
or go without their services. "
Nothing could be clearer than this.
It is law, it is right, and it goes to
show, most conclusively, that so long
as strikers are within the law and
abide by the law, the law will uphold
them to the end. This is no new
doctrine, it is the doctrine acknow-
lodged and upheld in every state in
the union.
But when the striker, exceeding his
own individual rights and privileges,
attempts to compel others to do or to
refrain from doing, an entirely
different condition of affairs obtains.
He'then becomes violator of the law,
and as such the law deals with him.
The second decision referred to
is in point. There was strike in
the lockwood Manufacturing Com
pany's plant, in Indianapolis. Some
of the employees refused to join the
strike and continued to work, The
strikers assaulted them and the firm
appealed to the federal court for the
protection of it's employees against the
assault of striking iron moulders.
The presiding judge was Judge
Baker. He said it was the duty of
the sheriff and the mayor to stop the
assaults. He suggested that it might
be good plan to let the assaults go on
until the people Of the city arose in
their might, held courts of their own
on the street corners, protected the
men who wanted to work and dealt
with those who assaulted them.
He said the men who wished to
work for the lockwood Company
had right to strap revolvers about
them and carry shotguns as they went
to and from the factory, and that
they could with these arms protect
themselves. a man could carry a
rapid firing gun, Judge Baker said, and
! protect himself so long as the weapon
WIS not concealed.
81 want you to change your bill of
complaint" Judge Baker said to Mr.
Hatch. Il want you to include in
it a prayer for damages. 1t does not
matter whether these men have any
property or not. l will appoint a
special master to fix the damages, and
if you secure judgments against these
strikers, officers can, if the men are
caught in bed, take away their: cloth
ing. They can have no property that
will be exempt under the state laws.
The Judgment will keep them in in
solvency as long as they live, or I'M
til the Judgment is paid. Things
have come to pretty pass when the
city of indianapolis will not give the
men who want to work protection
from men who do not want them to. :"
These are drastic words and sugges-
tions, but they have underneath them
the underlying principles of our
government, those of individual Ii
berty, the right to work or to refrain
from working, and the full protection
of the law while acting within the
provisions of the law.
The weakness of strikes and of
strikers is in their efforts to compel
others to conform to their orders
They are apt to become law breakers
and rioters, and then their cause is
lnct