The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-08-22
SYMPATHETIC i

Little attention has been given to q decision
handed down last spring by Judge Mack OF
the circuit Court. Cook county. ILL.,. on
the legality OF the so-oalled sympathetic
strike. Judge Mack In the course OF his opin-
lon In the case OF Chicago, 40, Branch Ma
tionai Stone Cutters Society Of tho United
States ct al. 70. Journeymen Stone Cntters'
Association Of North. America OF al. char
aoterizes the sympathetic strike 10 nothing
more or less Than . boycott. and therefore to
be enjoinod by q court Of equity. ITO order
q plumber. for example, The Court observes.
TO strike for the purpose Of compelling the
| contractor 10 discharge one set OF stone
cutters with whom he 10 entirely satisfied
and to employ another oct whom he does not
want 10 to establish o boycott against the
first set Of stone cutters. II threatens harm
to their customer. the contractor. unless he
deslsts from dealing With them.'
Judge Mack narrowly ~rsstricts IN the same
opinion the doctrine Of peaoeable persuasion
commonly termed the peaceful picket
while IL 10 perfectly true no Gays. that
persuasion may change instantaneously into
intimidation. and while u ID likewise true
that In the history Of Chica 60 strikes peace.
able persuasion, which 10 the only real per.
s~uasion. has been rare and intimidation and
violence but TOO common. nevertheless the
Court must recognize the possibility Of peace.
able methods In labor ~atrugGles. IL should
not give the striker an excuse to indulge In
Illegal methods by forbidding him to use the
lawful weapons Of peaoeable argument
The Court then proceeds a. follows:
Until the higher courts declare that "peaceables
persuasion 10 o pure nction or that the use Of II 70
illegal this court 10 mot disposed 70 enjoln persua.
sion that 10 really peaeeable, because Of . fear that
the iae between pcaossble persuAdon and actual
intimidation may DO dinncult 70 draw. In falling
70 enjoin p~escesble persuasion tho Court desires
II distinctly to DO understood that language IL not
the cole criterion OF tho methods adopted; that the
attitude. tho voice, the gestures. even the numbers
OF thoss alleging that they are persusding, may DO
s~uhicient 10 turn that which would otherwise b
peacesblo persuasion into intimidation and coer.
c,on, or the threat thereof.
II 10 Unnecessary In this case 10 express an opln.
ION on the legality Of . strike called TO enforce the
sclosed shop" the purpose and object Of which 10
not TO confer o direcs benefit on the striker BY
securing higher wages or shorter hours, but an
indirect benefit BY securing exclusive employment.
whether such indirect benent. involving - II does
direct injury 20 those who arc to be shut out from
employment, Ia o Sufficient justification for calling
Q strike 10 o point on which she courts differ.
The sympathetic strike. however. 10 not o clash-
ing Of competitive forces; its object 10 not 70 better
she condition of the striker himself but 10 assist
his friend by injurfng that friends opponent
Whatever justification there may DO for injury to
another, when In the battle Of life ones own rights
are endcavored 10 DO protected, thero IL no legal
justification for such injury when the purpose Of
II 10 mot sslf.prsservssion buA aid 10 another. Nos
10 the possible indirect and remote bensns ths>
might result to each Of several confederated but
NON competing unions o ~sunAcient 3uattncstiont TOO
che direct infection Of injury on third pefsonss