Omaha daily bee., 1903-06-07
ENJOlNS THE WATERS
Report Of Anthracite Coal Strike Commits
sion Receives Jud cial Recognition.
OMAHA JUDGES BASE Their ORDER ON IT
strikers Are Restrained from Passing
Unfair Cards within Three Hun
dred rect of Entrances to
Places of Business.

For the first time since It was rendered
the report of the Anthracite Coal Strike
commission has received judicial recogni-
tion and has been accepted as setting forth
a principle which will be recognized as the
law with reference to strikes and matters
growing out Of them. This action was
taken by Judges Dickinson, Day and Bax-
ter I'm the matter Of the application Of the
restaurant proprietors for a temporary re-
straining order against the members of the
Walters union, enJoining the latter from
interfering with the business of the
plaintiffs in the case.
The order prayed for asked that the de-
PENDANTS be enjoined from passing cards
declaring the restaurants of the plaintiffs
unfair, from congregating at or near the
places OF business of the employers for the
purpose of interfering with the persons
who desired to %patronize the houses, from
causing the people employed by the plain
tins to cease work by threats or intimida-
uon.
In announcing the opinion Of the court
Judge Dickinson said: Upon the petition
duly verified positively we must take the
matters of fact alleged as true, and thus
accepting these facts, we have, after con-
sidering the authorities cited, concluded
unanimously tina the temporary restraining
OTueI HnOulu DC ETdultls DuN AIb CilAtl du-
thority by which we are moved TO grant
the temporary order regarding the congre-
eating Of persons at or around the places
of business of the plaintiffs for the purpose
of interfering with patrons OF the houses
Is the report of the Anthracite Coal Strike
commission, which was the unanimous re-
port of a number of persons from different
walks of life, including members of labor
organizations. This report says:
From Goal Strike Report.
What is popularity known as the boy
colt "a word Of evil omen and unhappy
origin) is a form of coersion by which q
combination Of many persons seek to work
their will upon a single person, or upon
a few persons by compelling others to alb
stain from social or beneficial business in
tercourse with such person or persons. Car
ried to the extent some times practiced in
aid of a strike, and in some cases as wa
prscticed in connection Wit the late an
thracite strike, 1t is a cruel weapon OF
aggression, and its use immoral and anti
social. To say this is not to deny the legal
right of any man or set of men, volun,
tarily to refrain from social intercourse
or business relations with any person whom
he or they, with or without good reason
dislike. This may sometimes be unchris
tan, but II Is not illegal. But when II Ii
the concerted purpose of a number of per
sons not only to abstain themselves from
such intercourse, but to render the life Of
their victim miserable by persuading anC
intimidating others so to refrain, such pur
pose is a malicious one. and the concerted
attempt to accomplish 1t is a conspiracy
at common law, and merits and should re
ceive the punishment due to such
crime.'"
The judge then said the order to be ISSUED
by the court upon the filing of bond in tn,
sum of $500 by the plaintiffs would be iden
teal with the one issued In the first in
stance with two exceptions. The first ex
ception would be increasing the distanc
within which cards cannot be, passed from
100 TO 800 feet from the entrance to tn,
place OF business of any of the plaintiffs
and the addition of a paragraph to tn,
original order, restraining the defendant
from congregating within 300 feet of the en-
frances of the houses for the purpose o
interfering with patrons.
The order was drawn UP yesterday after
noon and will DE served upon each o
the defendants in the case. who numbe
about $50. being all of the former employee
of the plaintiffs in the case. The time 10
hearing the application for temporary in
Junction was set for June q.