The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-10-26

+acter. sss enjoining the late
employees ny acts which were
clearly ilfegsf IS enjoined them
from any form 6iss5f 5fcketing, from in
ducing employees to leave the service
of the Allis- Chalmers company by per-
suaston or otherwise, and from any
kind Of Interference with the COM
pany direct or indirect. So sweeping
was the terms Of this Injunction that
1t practically forbade the union from
making an effort, no matter how
peaceful and proper. to maintain their
position In this trade dispute. The
editor Of the "Iron Moulders' Jour-
nal" J.. p. Fry, brought the case be-
fore me, stating that the union did not
know what to do; that its funds were
limited; that he felt that they were
suffering from q gross injustice which
they were powerless to remedy.
called in Mr.. Taft and asked Mr.. Fry
to lay the case before him, as of
course Mr.. Taft was far more compet-
ent than / was to express his judg-
ment as to the legality and propriety
of the action, taken.
Taft Recommended Counsel.
Mr.. Taft satisfied himself Of the
facts and at once became exceedingly
Indignant at such an injunction hav-
ing been issued. He stated that in his
opinion the position taken by the court
In issuing the Injunction was clearly
untenable, and that what was needed
was that the union should get some
first class lawyer to represent them
and should bring the case before the
l,,
sponse to Mr.. Fry's request, that the
union retain F. N. Judson of st. Louis,
who had represented the Brotherhood
of Locomotive Fireman in the Wabash
case In 1893, and who, by the way,
Is the author OF the review of the la
Dor decisions. Of Judge Taft, publish
ed In the Review of Reviews in
1907. Mr.. Taft explained that one of
the troubles of the labor unions was
that 80 often they did not get the best
type of counsel, 80 that their cases
were not properly presented, and that
In his Judgment Mr.. Judson would
be sure to present this case Alright
He stated that the decision of the
court ought certainly to be in their
favor. The case was argued before
the United States circuit court Of ap-
peals by Mr.. Judson and Mr.. Rubin
Of Milwaukee for the union, and by
James NJ. Beck, counsel for the Ma
tional Manufacturers association, for
tho company. M K
b ~ y eart Agrees WITH Taff.
ThA deciston OF thescOurt was hand
"a down ID Chicago on the 9Th day
Of this month, and It justifies Judge
Taft's wisdom, for It sustains the most
important contentious of the labor un-
ions The court holds that while un-
der the facts Of the case the company
was entitled to some injunction relief,
the. decree went far beyond the proper
limits. It struck out of the decree all
|of the provisions which prevented
peaceful picketing or the exercise OF
the right Of persuasion in inducing
employees to join the strike and also
all reference to boycotting on the
ground that there was no boycott, az
the members Of the union had right
to refuse to handle struck" work
that 10, the work from factory where
they were on q strike-wherever they
found 1t. The opinion is important
especially In showing that much can
now be accomplished in getting the
courts to correct abuses against en-
ployees In the exercise Of the power
OF injunction, II such abuses are in ef-
tective form brought to their atten-
ton. as. thanks to the advise Of Judge
Taft, they were brought in this case
The right Of peaceful picketing and
persuasion, 30 that employees may by
peaceful means induce other en-
ployes to Join them Is forcibly set
forth In this opinion, and 1t bases ita
decision largely upon Judge Taft's de-
cision and upon the decision in the
Wabash Injunction case, which itself
was, largely based upon Judge Taft's
decision; 30, that Judge Taft's decis-
Ion ID declared by the court to have
settled. the law as to the substantial
rights of the parties leaving only the
application Of principles 80 declared
as new cases arose.
Injunction Abuses Corrected.
The great importance Of this opin-
ino 10 that It corrects abuses that have
crept into injunctions and labor dis
putes In the federal as we'll as the
state courts. This decision goes far to
protect the rights Of working men
and It does 20 because It is explicitly
based upon the labor decisions OF
Judge Taft; and this decision was Sc
cured only In consequence Of follow
Ing the advice given by Judge Taft
as to the proper course of procedure.
speak from drst-hand knowledge, az
/ was personally scognizant Of all the
facts. a more striking instance could
not be imagined Of the zealous effort
of public servant, which judi Taft