Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-04-21
JUDGE D. M. ANDERSON IN THE
BOX CAR LOADER INJUNCTION
CASE SAYS PEAcEABLE PER.
sUAsIoN is NO CRIME
FIRST CASE IN
IOWA OF THE KIND
SUIT WAS ARGUED IN oTTUMWA
SATURDAY, TAKING THE EN-
TIRE DAY FOR COMPLETION =
OPINION RENDERED TODAY.

Judge D. M. Anderson holds in his
opinion in the injunction suit of the
Ottumwa Box Car Loader Co. against
it's striking employees that picketing Is
not unlawful when conducted by
peaceable means and not in too great
numbers. The court cites that in this
case six men are not too many to at
tend to the interests of the strikers
at the Loader plant. So far as the
Injunction is related to the Structural
Iron Workers, it is dissolved. The
Injunction only stands so far as ylo-
lence or intimidation is concerned.
This the court says is unlawful.
A Right to Pocket.
The court says: "The defendants
have a right to win their strike, II
they can, by any peaceable and law
full means at their command in per-
suading others to quit and in prevent
ing their places being taken and re-
tanned by new employees. and for this
purpose they have right to peace
ably picket the plant Of the plaintiff,
and they have the right to post about
to act as pickets at such time as they
deem advisable, and in this connec-
tion the court would suggest that a
half dozen pickets at any one time
would not be an unreasonable number
in this case"
The full text of the opinion follows
which ruling will stand until the next
term of the district court when the
question of permanency will be taken
up.
The Opinion.
In the district court of Wapello
county, Iowa. Ottumwa Box Car
Loader Co. VS.. international Associa-
ton of Bridge and Structural Iron
Workers, ct al. Opinion on motion to
dissolve injunction.
This cause came on for hearing at
Ottumwa, Iowa, on April 18, 1908, upon
ify the preliminary injunction issued
against the defendants upon April 8.
1908, the defendants appearing by
plaintiff appearing by its attorneys,
w. H. G. Jaques and F. G. Orelup.
The defendants claim in support Of
their motion that they have fully,
plainly and directly denied the facts
alleged in plaintiffs petition as Il
ground for the injunction and in sup
port of their motion they have filed
affidavits of some 25 of the defendants
and of number of other parties. The
plaintiff in resistance of the motion to
dissolve allege that the allegations If
their petition have not been fully,
plainly and directly denied and they
file numerous counter affidavits con.
troverting the facts claimed by the
defendants. These aff1davits have
Deen read upon the hearing and hav',
been re-examined since the case was
submitted. There is a considerable
difference between the parties as to
the facts involved and also as to the
law of the case, and it is also evident
that they do not agree upon the con.
struction to be given to the prelimin
ary order already made.
1t will be we'll in the first place to
dispose of the question in so far as
the labor organization known as thc
international Association of Bridge and
Structural Iron Workers, one of thf
defendants herein, is concerned. II
appears by the affidavits filed that at
the time of the so called strike the
employers going out were unorganized
and not members Of said association
1t is conceded in argument that Local
organization of such association was
subsequently formed and that the
striking employees became members o1
1t. There is no satisfactory evidence
that this association as an organza
ton took any aggressive part in the
(Continued on page 5)