The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-07-19
STRIKES in OTHER LANDS
Row ENGLAND AND FRANCE DEAL
WITH VIOLENCE AND DISORDER.
Rights OF Pickets Have Been Accu-
Moderate Picketing Is Allowed.


part Of the country TO enjoin labor unions
and their members individually from in
terfering with the business Of plants
against which a strike Is In operation. and
the many fine points raised In regard TO
what actually constitutes violence, unlaw-
ful picketing. etc, have caused employers
and employees to examine the statutes or
other countries in order 90 see how this
most pressing question is treated in them
The question OF what constitutes actual
violence in strikes is also closely examined
The old English legislation upon strikes
became part OF the common law of the
United States which was substantially re-
pealed by decisions in the early part of
the last century. with the general result of
making both trades unions and strikes
legal; but under ordinary circumstances,
except as mentioned above, there appears
10 be TO legislation upon strikes in any
other country than England, France. Italy
and the British colonies. Such matters are
left more largely to the political-that is,
the military and the NEUTRALITY-SUSPICIOUS. in
continental countries. and rarely becomes
subject of treatment in civil courts. This
custom differs radically from usage in the
United States. as the industrial commits
sion found 1t when 1t took up the investiga-
uOn OF THIS interesting SUBJECT
ENGLISH STRIKE LAW.
In Great Britain. IL was found the con-
spiracy and protection Of property acts
provides that IAN agreement or combina-
tion by two OF more persons to do or pro-
cure to be done any act in contemplation
Of or furtherance of trade dispute be-
tween employers and workmen shall not
be indictable a conspiracy if such act
al hxo onfh o
ishable as a crime" However, it is
pressly provided that nothing in this Sec
ton shall affect the law relating to riot,
unlawful assembly. breach of the peace.
or sedition. or any offense against the state.
The following sections are more explicit:
"a crime for the purposes of this section
means offense punishable indct-
ment. or an offense which is punishable on
summary conviction, apd for the commits
sion Of which the offender is liable, under
the statute making the offense punishable,
10 be imprisoned either absolutely at
the discretion of the court as alternative
for some other punishment.
Where person Is convicted OF any such
agreement or combination as aforesaid, to
do or procure to be done an act which is
punishable only on summary conviction and
IS sentenced to Imprisonment. the imprison-
ment shall not exceed three months or such
longer time. If any. as may have been pre-
scribed by the statute for the punishment
OF the said act when committed by one
person
Where any person willfully and mali
ciously breaks contract Of service or hir-
ing. knowing having reasonable cause
TO believe that the probable consequences of
his doing. either alone or in combina-
ton with others, will be to endanger human
life. or cause serious bodily injury, or to
expose valuable property. whether real or
personal. to destruction or serious injury,
he shall on conviction by a court of sum-
(rSxy jurisdiction or indictment, be liable to
pay a penalty not exceeding a2O (s97.Ss). or
10 be imprisoned for term not exceeding
three months with or without hard labor"
The New York statute on the subject is
copied largely from this English conspiracy
and protection of property act.
HOW 1T is IN FRANCE.
In France workingmen have the full right
10 form associations having in view the bet
terment OF their condition. This right in
cludes that OF forming temporary coalitions
for the purpose of enforcing their demands
IN other words, OF engaging in strikes.
While workman cannot be punished in
that country for the mere act of engaging
in strike. there are heavy punlshments
provided for abuses of the privilege The
French law provides that ANY person who,
for the purpose of compelling the raising or
lowering OF wages. Of making an attack
upon the free exercise OF industrial work
or labor. commits acts of violence offers
injuries or threats, imposes fines, prohibi-
tions. interdicts. prescriptions of any
kind. either against those who work or
against those who furnish others with en-
pioyment. shall be punished by imprison-
ment OF from one month TO two years and
fine Of from 50 to 1000 francs. or one of
these penalties only"
THE same penalty shall be imposed upon
those who make attack upon the liberty
OF employers or workingmen either by con-
gregating near establishments i'm which
work is being carried on. or near the dwell
ing place Of those who direct the work. or
by perpetrating acts OF intimidation toward
workingmen who are going to or returning
from work. by causing explosions near
establishments in which work is being car
ried on. in localities inhabited by work.
men, or by destroying the fences OF estab-
1ishments in which work is being carried on
or houses and lands occupied by working
men, or by destroying or rendering unfit for
the use for which they are intended tools.
Instruments. apparatus. or engines of labor
or industry
In Russia heavy penalties are assessed
against strikers who destroy or injure the
property of the factory. or property belong
ing to persons connected with the factory
Strikers who force other workingmen by
threats or violence to leave their work or
not to return to IL are punished by from
eight TO sixteen months Imprisonment.
The new penal code OF Italy does not make
. strike a punishable offense. as the old code
did. but the law now Furnishes only the use
of force or threats in connection with sach
action.
PICKETING IN STRIKES
The subject OF picketing has been taken
notice of by the English courts and the
Interpretation of the law has regulated the
matter nicely. The United States Indus
trial Commission has expressed the wish
that some similar statute could be adopted
IN this country. the American courts are
IN complete state OF confusion upon this
subject. some supposing that all picketIng
Is unlawful. some taking the opposite view
and permitting il even 10 the point OF intim-