Omaha daily bee., 1910-08-29
PROTEST JUSTICES DECISION
Workers Parade in Large Bands to
Show Displeasure.
CLOSED SHOP" DEMANDS ILLEGAL
Finding Says Primary Purpose OF
Cloak Makers strike is 20 De-
prive other Men OF Right
to Work.

NEW YORK. Aug. 8.-Parades Of protest
broke out all over the East Side yesterday
afternoon. on the receipt OF the news that
Justice Golf had ruled in the state SUI
preme court today that a strike which de-
msnds the CLOSED shop" is a conspiracy in
restraint of trade. Bands of the $1,000 cloak
makers now on strike marched through
the streets, one of them to the city hall. car
rying banners and American flags and
shouting. Closed shop" at every step.
There was no violence, but evidently the
decision greatly stirred the strikers. Jus
tice Goff's decision granted an injunction
to member of the Manufacturers Pro-
teotive association. in restraint OF violence.
threats. picketing and patroling by strik-
ers.
The primary purpose Of this strike"
reads his finding lis not 10 better the
condition OF the workmen. but to deprive
other men OF the opportunity OF their right
to work"
He supports his ruling with a recent de-
clsion OF the state court Of appeals, against
the Thompson-Starrett company. a large
building corporation. which he cites as fol-
lows:
Against Policy of State.
The court Of appeals has held that It is
against the policy OF the state for employ
ers who control practically the whole trade
in q community to combine for the purpose
Of compelling workmen TO join a partlou-
| lar union as a condition OF employment
II the rule thus laid down be the law, and
| 1t must be accepted as such, being the
| latest expression of the court OF appeals,
| 1t must be applicable to workmen as well
as to employers 1t would be repugnant
| to reason to hold that It applies to one
and not to the other. II a combination OF
one to refuse employment except on con.
dition OF Joining the union be against pub
| lie policy a combination of the other tc
cause refusal Of employment except or
| condition OF joining a union is alike against
public policy"
Justice Golf then cites one of the articles
Of compromise presented by Representatives
Of the union to manufacturers as follows
THE association (of manufacturers) shall
obligate each of its members to employ
union men as long as the union shall be
able to furnish union men who can do the
work properly. Within two weeks the non
union men shall join the union"
This clause, he continues, which shows
the purpose animating the strike as in
terpreted by the court, is clearly unlawful
and he passes to the conduct of the strike
eff the unions" he states, have not
formally directed a systematic course OF
aggression by criminal acts, the members
Of the unions, acting in concert, have con-
nived at and morally supported such acts
on the part of many of their members In
pursuance of common object"
Terms Probably Accepted.
final vote on the tentative agreement
the manufacturers will not be reached un-
| til late tonight, and possibly will not be
\ made public until tomorrow. General opin.
ion inclines to the belief that the terms
4 will be accepted, although there will Be
much complaint that they are not more
favorable to the strikers.
WASHINGTON, Aug. H.-Samuel Comp.
ers, president Of the American Federation
of Labor, was greatly stirred by the de-
cision of Justice Goff which in effect de-
clared that efforts to enforce the "closet
shop" were in violation of the law and II
restraint of trade.
Said Mr.. Gompers: Justice Golf quote,
an unjust decision in support of his own
and that is supposed to be good law. TIL,
unions Of labor will live, despite injunc
tons and decisions which invade constitu
! tlonally guaranteed rights and human lib
erty Without the union there is no pos
sibillty for protection to the workers
against the tyranny or the absolute auto
cratic sway of concentrated capital anC
, greed"