The labor world. [volume] (Duluth, Minn.) 1896-current, 1906-07-07
TYRANNY HAS LOGIC
As WELL As LIBERTY
Illinois Judge Holds a Crime For
Union to Call Sympathetic
Strike.
Is Probably One of the Worst
Decisions Ever Rendered
in American State.


ationaltst, analyzes an Illinois court
injunction decision most ably. He says:
How necessary 1t Is for organised
labor to watch legislation to prevent,
by all proper means, the enactment of
tyrannical and unjust statutes. and
finally to make it plain to candidates
and politicians that they can not In
Jure and wrong labor with impunity,
is illustrated by series OF episodes
reported in the Illinois press. Tyranny
has its logic. as well as liberty, and
1T Is the first step that Is difficult"
Probably one Of the worst decisions
ever rendered In any American state
was that given few weeks ago by
a Chicago judge in an injunction case.
Under that decision 1t is a crime to
call sympathetic strike in Illinois.
This is a new development In the
injun ction business. It establishes a
new principle, a new invasion of labors
rights. 1t is an extraordinary decision.
How could the Judge render 1t?
The answer Is suggestive.
Some years ago, when organized
labor Was less vigilant and less de-
ter,gined than 1t Is now, the Illinois
legislature enacted a reactionary
statute prohibiting boycotting in any
form and making it a criminal onense.
The injunction lawyers thereupon
began to ask the courts to put specific
prohibitions against boycotting in the
restraining orders against strikers, and
the courts were too obliging to refuse.
In one case an appeal was taken
from such an order, and the appellate
court was inclined to strike out or
modify the prohibition Of boycotting so
as to leave the workmen enjoined te
carry on a peaceable, orderly boycott.
But the statute was in the way. 1t
was not a question Of principle. or Of
reasonable application Of common law
doctrines, but of following the stat
utes of the state. So the court permit
ted the anti-boycott clause to stand.
That was bad enough, but worse was
to come. difficulty arose later be-
tween building contractors and a
fake" union Of stone cutters on the
one hand, and the old, regular, gen.
uine., stone cutters union of Chicago
on the other The latter union struck
and demanded the adoption Of the un-
ion shop principle. Tho building trades
of the city sympathized with it, as did
all building trades unions, and, In some
instances, sympathetic strikes were
called by the Chicago Building Trades
Council
the federated body. or of any local
thing illegal in the calling Of a sympa-
thetic strike in support Of the stone
cutters union. But an expert injunc-
tion lawyer applied to Judge Of the
circuit court for an order to prohibit
all further action alonE The line in
question on the part Of the council and
the unions not directly interested in
the stone cutters controversy. He
denied the application with the laconic
remark that he did not see how he
could prevent men from striking for
any reason sufficient in their own eyes.
This was good sense. Strikes are
lawful in Illinois, as elsewhere, and If
1t is lawful to strike sympathetically,
it can not be unlawful to call a SYM
pathetic strike.
his application to another judge of an
other court, and here he was success
full. The second judge, always rep,ra
ed as a progressive and clear headed
man. found himself constrained to
grant the Injunction.
His reasoning was as follows: It is
true that men may strike for any
yIyitH ie
that men may advise or request other
men to do anything which the latter
may do of their own motion. But the
boycott law is an express limitation
OF the right to call strikes of a certain
kind. What is a purely sympathetic
strike but boycott, asks labors op-
ponents? Men may be boycotted as
well as goods To say to an employer
that unless he will do certain thine
as desired by A, B, and C; e, F, and
G Will be called out on strike. though
they have no personal grievance and
no direct, material, economic interest
IN the difficulty with A, B, and c, is
to threaten him with boycott Now,
the statute prohibits men from organ
1zing or ordering a boycott, and hence
1t is the duty Of the Illinois courts.
under the precedents and statute, to
enjoin the calling OF strikes that are
essentially and really boycotts.
And SO 1t is now impossible in H.
1inois to call sympathetic strike. AL
though 1t is possible and lawful IN
strike out of sympathy without an
order from union or council renre.
senting several unions.
The situation Is absurd on it's face
but the boycott statute Is resnon.ih,a
for the anomaly.
Many men In a position to know
insist that the judge Intended to he
fair and logical. In other respect. bo
modified the injunction In accordance
with reason and equity. He refused
to enjoin ''peaceable pursuaslon" nd
peaceable picketing. He pointed out
that the boycott act left him without
discretion as regards the application
for an injunction against a strike tha,
was not distin guishable from a boycott
One point escaped him. it would
seem.
49, %hn