The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-10-26

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Mr.. Taft and asked Mr.. Fry to lay
the case before him, as of course Mr..
Taft was far more competent than
was to express his judgment as to the
legality and propriety of the action
taken.
Taft Recommended Counsel.
Mr.. Taft satisfied himself of the
facts and at once became exceeding
" indignant at such an injunction
having 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 be-
fore the higher courts. He suggested,
in response to Mr.. Frys request, that
the union retain Mr.. F. n. Judson, of
St Louis, who had represented the
Brotherhood of Locomotive Firemen
in the Wabash case in 1898 and Who
by the way, is the author of the re-
view of the labor decisions of Judge
Taft. published in the Review of
Reviews" in 1907. Mr.. Taft ex-
planned that one of the troubles of the
labor unions was that so often they
did not get the best type of counsel,
60 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 cir
cult court of appeals by Mr.. Judson
and Mr.. Rubin, of Milwaukee. for the
union. and by Mr.. James NJ Beck.
counsel for the National Manmfac-
turers' association. for the company.
Court Agrees With Taft.
The decision of the court was hand
ed down in Chfca on on the 9Th of
month, and 1t justifies Judge Taft's
wisdom, for it sustains the most i'm
portant contentious of the labor
unions. The court holds that while
under the facts of the case the COM
pany was entitled to some Injunction
relief. the decree went far beyond the
proper limits. 1t struck out of the
decree all of the provisions which pre-
vented peaceful picketing or the ex-
ercise OF the right of persuasion in in
ducing employees to join the strike and
also all reference to boycotting on the
ground that there was no boycott, as
the members Of the union had right
TO refuse to handle struck" work.
that is. the work from factory where
they were on a strike-wherever they
found II. The opinion Is important
especially in showing that much can
now be accomplished in getting the
courts to correct abuses against en-
ployes in the exercise of the power of
Injunction, II such abuses are in eff
fective form brought to their atten-
ton, as. thanks to the advice of Judge
Taft. they were brought in this case.
The right of peaceful pfcketing and
persuasion. so that employees may by
peaceful means induce other en-
ployes to join them is forcibly set forth
IN this opinion. and it bases it's de-
cision 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; so that Judge Taft's decision
Is declared by the court to have set
tied the law as to the substantial
rights of the parties. leaving only the
application OF the principles so de-
clared as new cases arose
Injunction Abuses Corrected.
The great Importance of this opin-
ion is that II corrects abuses that have
crept into injunctions and labor dis
putes in the federal as well as the
state courts. This decision goes far
to protect the rights of working men
and II does so because it is exDlicitlv
based upon the labor decisions Of
Judge Taft; and this decision was So
cured only in consequence of follow
ing the advice given by Judge taft
as to the proper course of procedure
I speak from first hand knowledge as