The Oskaloosa herald., 1908-05-28
RUSH Injunction
REFUSED BY COURT
JUDGE MCPHERSON GIVES sTRIk
ERs RIGHT TO APPEAR.
Employees OF IOWA CENTRAL,
Must Show Cause Why They Should
Not Be Enjoined--company Says
City Authorities Have Not
Stopped Picketlns.

.
Des Moines, May 23-striking EN-.
ployes OF the Iowa Central at Mar
shalltown win have an opportunity to
present their side OF the case before
Judge Smith Mcpherson, who will
decide whether they should be en-
Joined from picketlng or intimidating
non-union employees
Judge Mcpherson yesterday refused
to grant an application for a tempo
rary restraining order at this time, as
asked by attorneys for the company,
but he ordered the defendants to ap-
pear before the court in Des. Moines
on June 12 TO show why temporary
Injunction should not be issued. Dep.
uty United States Marshal Bidwell left
last night for Marshalltown to serve
notices of the order on the strikers
Lack of sufficient notice was given
by the court as his reason for not
grantingta a temporary restraining or
der at this time. He admitted juris'
dftion but criticised corporations for
rushing into, United States court for
strike tinjunctions without first apply.
ing for relief to the city, county and
state authorities. u..r o..
Company 5lames City.
he company claims that the city au,
thorities of Marshalltown have failed
TO preserve order and prevent picket
ing. In regard to this phase of the
case Judge Mcpherson announced EN-.
phatically that 1t is the duty of coun.
ty and city officers to furnish protec-
tion for all citizens. w. B. Davis and
104 other striking employees OF the
Iowa Central shops at Marshalltown
are defendants in the action. The
strike began a month ago and several
disturbances have occurred between
union and non-union employees.
In referring to the failure OF corpor-
ations to try every other means before
applying to the federal courts for an
!, injunction, Judge Mcpherson said:
This court does not complain be-
cause plaintiffs, pass by the state
courts, relieving those courts of the
work, embarrassments and criticisms,
and often abuse, and heaping the same
Oh the United States courts. But what
aimed and stated is that some eff,
must be made. and some demand
~ n the state, county and city au.
resulting In the failure or in
I Il maintain order and to give
me no want to work that right.
e pow to make men work regard
las OF COM. acts is slavery. To make
employers take men into their service
when they do not want them is tyran.
ny and despotism." ..,,.
In it's application the railroad com
pany asked a temporary restraining
-"aer to prevent the defendants from
rfering with complainant in the
I lagement of its shops and in the in
ction OF its cars"
y | Name But One Defendant.
W. B. Davis is the only defendant
named, but 104 other strikers are In.
cluded as defendants. It was shown
that three or four non-union men en-
ployed at the shops had been assault
ed II is claimed that the strikers are
picketing the shops and intimidating
the non-union ,workmen. The names
VI lne peTSOLS plO COLlHultleu luo az
saults were nc wen.
In his opln. Judge Mcpherson
showed that 6 injustice might be
done by swe hg restraining order
at this time.
In one sense an injunction against
a party Sdoes him no harm" he says.
But to party who is innocent of
wrong doing the service of the writ is
more or less CALLING and offensive.
And why should party who is harm
less and innocent be subjected to that
humiliation2" er .-.. ..r'.
In dealing with the subject of vio-
lence by organized bodies the court
said, .-...
This is country of laws and the
law is supreme and should be obr
and should be enforced again
who have no regard for la' ...nl
riders and others who seek to domi-
nate others by violence have the re-
spect and good will of no law-abiding
citizens. When places are vacated by
a strike or lock out the places thus
vacated do not belong to the former
employees. They at one time did, but
are lost and the company has the right
to I'LL such vacancies by employing
others willing to work. ar,
THAT the defendants have no right
TO assemble in crowds to terrorize or
do violence upon new employees is true.
And that the so-called 'picketing' is
usually pretense of persuasion, but
in fact to terrorize, is known by all"
Collar Bone Broken.
Master Armand Dickson, son of
Mr.. and Mrs. o. Z. Dickson, met with