New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-04-02
RIGHT TO STRIKE UPHELD,
COURT OF APPEALS DECIDES FOR
LABOR ORGANIZATIONS.
JUDGES. HOWEVER, NOT UNANIMOUS IN
THEIR OPINION ON AN INJUNC-
TION AGAINST STEAM
FILTERS UNION.

ALBANY April I (SpeciaD.-The Court of Appeals
gave q decision of great interest to-day in regard
to an injunction against labor organization Inc
case was that the National Association OF steam
Filters and Helpers against Patrick J. DUN. as
treasurer of the Enterprise Association one oody
of steam filters refused to work with another body
The plaintiff said lawyer this afternoon IS
an Incorporated association. consisting OF re"
members, who worked for lower wages than tne
defendant association The defendants. through
their walking delegates. insisted that the con-
tractors should not employ the plaintiffs members
but should, instead employ the Defendants anu III
more than instance caused strike Of all en-
poves working upon a certain job with the re-
suit that the plaintiffs were ousted from en-
poyment and the defendants put in their places
In other instances the defendants made threats
that they would strike and prevent the contractor
from going on with his contract unless he en-
ployed the defendants members instead of the
plaintiff
The sDeciaI Term Judge Truax presiding,
granted an injunction restraining the defendants
from striking making threats. which Judgment
was reversed by Appellate Division The decision
of the Appellate Division is affirmed by the
Court of Appeals but different grounds
Chief Judge Alton 3. Parker of the Court OF APP
peals wrote the opinion. and Judge Gray wrote a
concurring memorandum Judges Parker, Gray
O'Brien and Haight form the majority Of the
court rendering the decision. Judge Fann wrote
a dissenting opinion and in this Judges Martin
and Bartlett concur In his opinion Judge Parker
holds:
1t is not the duty Of one man to work for an
other unless he has agreed to, and if he has so
a contract whenever ne chooses. The may
work or refuse TO work at will and the other may
right To organize for the purpose OF securing
their relations with their employers They have
the right strike. provided the object is not TO
to secure better terms of employment for them
selves. peaceful and orderly strike IS not IN
A body of men, having organized for purposes
deemed beneficial to themselves. have the right
when they feel it detrimental TO the interest of
their organization, TO refuse To work Their rea-
seems be in their interest members of an
organization 70 refuse longer to work, 1t is thelr
If tn. conduct of the members of an organization
IS legal in itself it does not become Illegal because
the organization DIRECTS one OF us members 10 state
can see that a refusal members of Organiza-
ton 10 work with non-me mbers may be In the in
terests the several members ii will not assume
the absence of finding to the contrary that the
object of such refusal solely TO crafty malice
and ntiict injury upon such non members
one of objections sometimes urged against
labor organizations IS that unskilful worknen re
competent The examination as 10 qualifications
required by the Defendant associations tends 10 do
away with the force OF that objection as 10 them
The defendants had the right to strike for any
notify their employer of their purpose to strike
unable to how it is possible To deny the
bers to refuse to work with non-members: when, in
employs. the burden Would have to be borne by
the injured without compensation from the en-
ployer, and with financial responsibility the
part of those causing the injury.
So long workmeu must assume all the risk OF
injury that may them through the care
lesSneSS of CO-eTlpluyeS. they have the moral and
. legal right 20 say that they Will not work wIth
certain men. ana the employer must take thslr
dicta ton without their services The de-
/ PENDANT association. appears from the findings
wanted put their in the place of certain
men work who We're non-members working for
smaller pay. and they set about doing IL in per
] fectly lawful They determined that if II
necessary they would bear the burden and
of strike to accomplish that result. ana
in determining they clearly within their
rights.
A labor organization is endowed with precisely
the legal right : is individual to threaten
o do that which it may lawfully do.