New-York tribune., 1910-08-28
DECIDES AGAINST STRIKE
Justice Goff Rules Closed Shop
and Fight for 1t Illegal,
UPHOLDS RIGHT TO WORK
Continues Injunction Restraining
Closkmakers from Acts In
Aid of Combination.

Justice C1of ruled against the STRIKING
rloa KIM akers yesterday. handlng oo"h
decision in the supreme court which
branded as illegal not only cloSeo SHOP
eereeu7ent hut any strike having such
sn agreement for its object The de-
cision is regarded as one Of the broad
.e. of its kind ever issued in this Coun-
,rv and 2 pioneer so far as its appiica-
zion 4, the closed shop is concerned.
REPRESENTATIVES Of the cloakmakers
unions had been haled to court by the
cloak. Suit end Skirt Manufacturers
Protective Association on an order TO
chow cause why a temporary injunction
obtained 10y the association should not
be made permanent further restraining
them from acts in aid of any conspiracy
o. combination. alleged to exist. 10 com
TEL members of plaintiffs association 10
employ only members of the defendant
labor unions The court continued the
1niunction. saying:
The court cannot compel worl1ner 10
return 30 work. il should restrain al
TlCketing and patrolling. which. though
lawful where not accompanied ny VIZ
lence and intimidation. are unlaWlul
should as a matter Of course, restrain
violence threats to workneD ana IN
tending Horkmen. and against thelr VIII
following them. perSlst1ng IN talhils "
them or visiting at their houses, ana j
should restrain the use OF opprohrlouS
1 enirhets and language calculated TO pro
woke 2 breach of the peace directed 10
members Of plaintiffs assoclatlon ano
its members but no order VIII issue 10
restrain acts which are not SHOWN bE
70 hpPn threat
:ened such IS the issuance OF circulars
or holding Of public meetings. nor VIII
the court in the exercise OF ITS dlscre-
i-ion at this time. restrain the Tree eA-
preston Of opinion
Demand for Union Recognition.
The international Ladies Garment
iHorkers' Union and nine locals. the de
PENDANTS in this action. declared for
general strike on July and 3. and on
i.T7Iiv 2 circular was issued directing
.s1 71rion cboakmakers to stop work, al
though the manufacturers had received
no previous statement of grievances or
demands. Snne fifty thousand employees
left the shops at , o'clock that afternoon
Immediately following the call Of the
strike the unions demanded that the
l1nanlIfa cturers enter into written agree
1nents lasting one year that they would
make their employment contracts not
with the individual employees but with
the unions. and that they would employ
.-lv union men in their shops. At the
7pehest Of the strikers a conference with
The .n7anufa ctUrrers was held through the
medium of committees on July 2S- At
1his conference. however. the subject of
IA from
.Jssion. On other details OF the dispute
5fe strikers and employers reached
agreements with the exception OF the
questions of wages and Saturday half
bclidavs The manufacturers proposed
that these questions be submitted for
srhieratb ton. but the unions refused and
1lesotiatfons were broken off.
Justice Golf points out that from the
tnception of the strike the strikers have
iuterfered through violence with the
business Of their former employers. He
mentions forcihle entrances, destruction
of property. assaults and batteries of a
eerious nature on employees refusing to
stop work. threats and the like. He says
sf7davits Of employees and manufact-
7Irers show twenty-five cases Of assault
Z
employees. and police court records show
-even convictions Of strikers for this
cause.
Exercising the Right TO Work.
He mentions the case Of an employe
p he was beaten in 4 hall occupied by
strikers and another case of an employe
who stopped work as . result Of intim-
5dation. He says:
The primary purpose of this strike is
moi 10 better the condition of the work
man, but is to deprive other men of the
opportunity to exercise their right to
work and TO drive them from AZ indus
Try in which. by abor. they may ha We
acquired skill. and which they have a
right TO pursue tn gain q livelihood
without being subjected 10 the doing Of
things which may be disagreeab bile or
repugnsnt- That this is the motive
hich aniInates the combination Of de-
F.ndants is clear from the correspond
Fuce. the negotiations. the conferences
. md the acts and conduct disclosed in
papers before the court
The Justice quoted from the decision
.of the Court Of Appeals in the case of
7cCord agt. Thompson -Starrett Com
Iauy. which held that II was against
public policy and the interests of So
.iety for employers who control practi-
rally tha whole trace in A community
To combine for the purpose Of compelling
~orkmen to join q particular union. He
continues.
II the rule laid down in the McCord
saSe be the law, and il must be accepted
such. being the latest expression of
the Court of Appeals. it must be appli-
bic To w0rkfnen well as to employers
II would be repugnant to reason to hold
shat ii applies to one and not TO the
other. What the employers may not do
the workmen may not do. If the COM
h,natiOn of one to refuse empIovment
except on condition of joining a union.
he against public policy. d combination
Of the other To cause refusal of en-
l5loyment except on condition Of Joining
a union. is alike against public policy
This refusal was sought 70 be caused by
the deina nd Of the defendant unions
made upon ali the employers in the trade
that non-union men already employed
should be discharged in TWO weeks un-
Jess they Joined the union. A discharge
un6er such circumstances would be a
refusal 20 employ. Appropriate here is
the method OF rea Soning employed bv
Ward. J.. in Irving agt. Joint District
council fNew York Law Journal. July
-, 1870:
To take the converse of the PROPOSE
will he 1efe I'D