The labor world. [volume] (Duluth, Minn.) 1896-current, 1904-11-12

covery of damages for losses sustained
by employers through strikes and the
granting of injunctions restraining
working men and women from doing
this, that or other things heretofore
believed to be within the rights Of all,
have awakened organized labor to the
necessity of doing something to pre-
serve it's rights and liberties.
Among the most astounding injunc-
i lions. ever issued was the recent one in
which the Supreme Court of. West Vir-
ginia enjoins the United Mine Workers
Of America from organizing the mine
workers in that state
Judge Adams, of Illinois, recently
decided that the. closed shop is a GRIM
inal conspiracy and classes labor as
property, utterly ignoring its human
character.
The fight of D. E. Loewe & Co., of
Danbury, Conn.,, against the United
Hatters of North America, has so far
resulted in defeat for the organization
The firm attached the bank accounts
of the members Of the Hatters' unions
of Danbury, Bethel and Norwalk and
secured an injunction to prevent them
dlsposing of the real estate they own.
The value of the real estate attached
was $130,000.00 and the amount Of
money in the Savings bank exceeded
$50, 100000. The officers of the American
Federation Of Labor were made CO.
defendants. Suits were commenced
simultaneously in the Federal and
State Courts. The Hatters endeavored
to have one of the cases quashed, but
both courts have decided that they
have jurisdiction and that the cases
can be prosecuted simultaneously. The
attachments and injunctions stand and
a. precedent has been established that
unincorporated bodies, Grades unions)
may be sued for damages and that
each individual member Of such or
CARNATIONS can be held liable for the
full amount Of the liabilities of the
organization. Such decisions render
the safe keeping of trades union funds
difficult if not impossible matter.
Speaking of this condition of affairs
and emphasizing the necessity of the
labor organizations taking a more &C.
tive part in the choice of men to &C.
cupy judicial positions, Clarence s..
barrow, the eminent attorney of the
United Mine Workers speaks as fol-
lows:
THE employers throughout the cour1-
try, seeing the growing strength of
trade unionism, are resorting to every
possible effort to check this growth,
and to destroy it. The most hopeful
place for them to strike has been
through the courts. BY the natural
process Of evolution the courts have
been made up, Of the ablest lawyers,
and these have always come from the
servants and solicitors of the employ
ing classes. On Federal benches there
are probably no judges who have not
come from the corporations In the
State courts there are very few who
have not served the wealth and the
strong, and who have not been hostile
to trade unionism, and ignorant and in
different to- labor organization.
ss' The great corporations have always
employed the ablest lawyers; these are
on terms Of intimacy with the Judge,
who are generally the social compan-
ions of railroad aRd bank presidents
and of all men high in commercial and
industrial affairs. It is perfectly ma
tural that judge should look at all
questions of labor from the standpoint
OF the employer, and it will require a
long education for them to ever UNDER
stand any other point of view. The
great corporations have known for
years that the judicial branch of the
government was the one in which thew
were chiefly interested they have
never allowed a Federal Judge to be
appointed unless he was believed to
be friendly to their interests. Very few
State judges have escaped their notice
and scrutiny.
"On the other hand, labor organiza-
lions have given no attention what
ever to the appointment and election
OF judges; so the bench as it stands
today, is naturally and necessarily,
hostile to trade unionism. This is
true, even concedeing that the Judges
are thoroughly honest and impartial.
Ihey have all been drawn from the
other side. More than this, through a
long series of years the Judges have
been making the law in the interests
of the powerful and rich. This comes
naturally from their association with
this class. and from the fact that no
other point Of view has ever been urged
upon them. Whenever cases have
come into court involving employers
\ and laborers it has been the invaria HE
rule for the employer to be ably rep
resented and the working man very
poorly represented in court. The result
! of this has been, that the law has gra-
dually been made to favor the strong
and ~tot destroy the weak
THE present movement through our
courts to restrain labor organizations.
to bring damage suits against the lead
ers, influential members, and trade I'M
ions, is concerted movement. It is
| impossible to account for it on any
! theory excepting that the large inter-
ests have deliberately gone to work 70
destroy trade unionism through the
| courts. This is easier because of the
constitution of the courts, especially
the Federal courts. Employers are able
| to appeal to- the forum that is thor
oughly in sympathy with their views
and utterly ignorant of the position OF
! tho fra6o t,nior,;ct