United labor bulletin., 1914-06-13
INJUNCTION LAW
GETS SEVERE JOLT
U. S. Court of Appeals Sus-
tainS Union Acts
Cooperation Is Only Method by Which
Redress Can Be Secured in Any
Branch Of Human Endeavor

The United States Circuit Court OF
Appeals has thrown a large-sized
monkey wrench into that labor injunc-
ton machine officially designated as
the United States Court for .the North
ern District of West Virginia, presided
over by Judge Dayton. who. following
the decision Of the late Judge Jackson,
held that trade unions were illegal con-
spiraeies."
This judicial decision has been re-
versed bv the Circuit Court of Appeals,
sitting in Richmond. The first of these
was an appeal from an Injunction issued
by Judge jackson November 26, l9o.,
against John Mitchell. T. l.. Lewis and
W. H. Wilson. who were then respec-
lively president. vice president and see
reiarr treasurer OF the United Mine
Workers of America. and scores OF 9th
cr uniouist- and strikers, who were en-
Joined from attempting TO unionize the
employee of the Hitchman Coal and
Coke Company without the plaintiffs
consent" The union was denied the
right To maintain Pickcts for the pnr-
pose OF inducing or peresuading en-
ployes of the company to Join them, and
were dehsrred from going to the homes
of the company'- employees aud peTsuad-
ing or entnrating them to join theiI
Rnks.
Court Erred in Its Finding.
In deciding this case the Circuit
Court OF Appeals held that the evidence
in this ease failed to show that any un-
lawful methods had been resorted TO by
the defendants in this instance. and
therefore the court below erred in hold
ing the organization to be unlawful
upon the theory that ii was guilty OF a
conspiracy.
A portion OF the opinion. an n1sis-,ss-i-
~ lengthy one. j. A. follows:
This i an age of cooperation
zation j. the only means by which
united effort can be secured in any
branch OF, human endeaNor. The doc
tors. dentists. school Teachers, whole
sale and retail merchants. and in fact
every branch of industry IN this coun-
try are organized for the purpose Of
III. mutual protection OF the respective
parties interested. such being the casc.
il i just as essential. and perhaps more
important. that the laboring people or
ganizc for their advancement and pro
lection than it is for any OF the the
vacations We have mentioned
In defining the rights of the parties
IN the controversy the court held;
In the first place IL should be under
stood once and for all that 50 long
capital employs legitimate mcan> for
the protection of property rights that
IT is to he accorded the protection Of the
law; but this does not mean that cap
iial may. by improper methods. form
combinations for the purpose OF pre-
venting labor from organizing for mu-
tuai protection Likewise. il should BE-
definitely understood that the laboring
men have the right to use peaceablc and
lawful methods to unite their forces. ia
order to improve their condition as r,-
spects their ability to earn deeen,
living. give their children moral and
intellectual training and secure the en-
aetmcnt of legislation requiring mine
owners to adopt such methods as may
be necessary to Neep their mines in
sanitary condition. and. above all, TO
adopt methods to minimize as much as
possible the occurrence of the awful
catastrophrs by which 30 many human
lives have been lost"
Fannie Sellers One of Victims.
The Circuit Court of Appeals took the
same position in regard TO Judge Day
tons injunction order against President
Van Bittner of the Pittshurg district
United Mine Workers. and miners ON
strike against the West Virginia Pitts
burg Coal Company. Judge DAYTON is
1v~vv -vv<