The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1908-07-09

government is based upon more
than mere sentimental opposition
We intend to obey the laws of
our country and our very proper
intentions in this regard would be
clearer TO al people what the laws
actually are.
There has been Il general
sitiou that i'll a republic the
representatives of the people duly
elected meet in legislature or in
congress to enact laws to govern
the people, but we are fast finding
out that through a steady, assump-
ton of power by the courts, our
laws are a small part statute laws
and a large part judicial rulings,
Or precedents, never approved by
any legislative body.
Labor unionists have become
especially prcjudicial against the
exercise Of these large powers by
the courts because of the fact that
no matter what the statement of
facts may be the decision is nearly
invariably adverse to labor.
Nor can it be assumed that these
adverse decisions indicate that
labor has always been in the
wrong, unless the following con-
Trajectory illustrations can be re-
concilcd with that view:
|. An employer whose men are
on strike asks for an injunction
restraining his former employees
from talking with persons entering
his employ. In granting the in
Junction the court says that every
man has the right to work, or not
10 work, without in Interference from
any other man or set of men, etc.
,. y railroad goes into the
hands of a receiver who reduces
wages and the emplopes propose to
strike against the reduced wages
The receiver applies for an in
Junction restraining the employees
from striking and the injunction is
lSSucd. What becomes of the
right not TO work?
>. y state has a law against an
empIovrr discharging any person
because OF membership in labor
nh'oh. y manufacturer discharges
500 hands who are union members
10 enforce Il reduction of wages.
Later he applies for an injunction
restraining his former employees
rom talking with his new EN-
pioyes. In his testimony the en-
p'oNer said he discharged the 800
"ecaHNc they were members OF a
union 1t is Il well recognized
rune ol equity procedure that one
VINO asks for relief from an equity
COURT must come with clean
h'sAdN. that is to say: that one
wa" * himself violating the law
Is n"l rnutlcd to claim relief in
"ida'ltN In this case the employ
'' testified he discharged 800 per-
IUA> because they were unioniSts.
AlN was violation of statue con-
''>>"d III open court, but the judge
NlIN he found no evidence Of any
vocation of Statute'' and issued
The Injunction.
~ Il strike a non -uDiOniSt is as
>abl"4 10y Il known spectator, not
>,' 'N"r nor member Of the
NJ. lNri> union. The person com.
iii, my The assault can be punished
wi sLe police court but that would
'o' break up the strike, so the EN-
t,."'"r goes to court and represents
,"'t me gathering of crowds neal
us .attpfy are menance to hi.
".>I ness and asks for and obtain.
' JUNCTION restraining his form
o.. employees. their union, and al
persons III sympathy with them
'"iA walking upon the streets il
-'4 NlclnIty of the factory of tn
'...."lilI.. In many cases hire(
''"."cllyeS have created the re
@EtG amount of disorder to salts
ing Judge that an injunction
>-.".a be issued.
y iaw forbidding the black
"I workman by employ
and the refusal to employ hir
'' i1>e of his membership in
.t"a Is declared constitutions
'"-e the employers. 'eithe
-.E OF collectively, have righ
. 'taH-oy or not to employ whol
-- please.
l'--. same court holds that en-
-'Ee'N may not refuse to purchas