The labor journal. [volume] (Everett, Wash.) 1909-1976, 1914-08-14
new ERA DAWNINc5
Massachusetts Leads the Way
For Personal Liberty.
LABOR POWER NOT PROPERTY.

Freedom of Speech and the Right to
Meet In Lawful Assembly Guarani
teed to Toiers by New Anti-iniunc-
ton Law-OId Theory Overthrow.
When Governor Walsh signed the
anti Injunction bill, recently PASSED hy
both branches of the Massachusetts
legislature, the state became the first
in the Union to place in its code dpmu
cratic and modern ideals relative L.
personal rights.
The theory that property rights are
supreme is OverthroWn, and IT." posi-
ton SO insiStentlv maintained hN tn
American Federation of lahnr j. sis
tanned in an act that draws II GEM
line between workers ana the prod
ucts of their labor. and sweeps HNitr
the dictum that one il"n has proper
ty right in anothtr'S sprvi,''S.
Attorney General Ruyutun failed to
find anything unconstitutional al"nni
the anti injunction hi;i and in r."
Spouse to an inquiry IN the STATE >rh
ate said: The nil, cuntpnplatpS II
radical change III our IaW ana nrW
departure in the luhIic policy of the
common wealth. tut the right of prop
erty to the protection OF the writ OF
injunction is II statutory right and il
not guaranteed ny the constitution
The result OF my examination of au
thoritieS in connection With your in
quiry is that | do not find that the bill
Is obnoxious to any constitutional pro-
vision
Massachusetts tins has shown that
1t Is attuntd tn Democratic ideals by
Great ting. through statutory enactment,
q new relation between employer and
employee.
The anti-injunction law just passed
by the state declares that the carry
ing on of business and the perform
ance of services are personal and not
property rights.
This is the first time state has
taken this position. which is most sig
niticant, as it indicates the mighty
mental changes men are undergoing.
and clearly indicates gradual aban
donment of all feudalistic. slaveholding
and serfdom theories that have filtered
through the ages and have served to
stamp the brand of ownership, even
though dimly, on the brow of those
who toll.
Our courts have not been free from
this ownership germ. and while agree
ing in the abstract with freedoms
theory, injunction judges have based
their action on this belief in property
rights as applied to labor, which is
now thrown in the judicial ash heap
by Massachusetts legislative action.
The long list of injunctions issued
only in times of strike bears test
mony to the abuses heaped on the men
of labor by those who have disregard
ed every constitutional guarantee.
Massachusetts has made legislative
history in it's declaration for personal
liberty.
Workers have been placed on diff
ferent plane by our legislators and
courts. They have been denied rights
ungrudgingly accorded to others. Too
often blind justice has not been blind
when injunction relief is asked If
workers are to be enjoined in times OF
strike the request is granted even
though law covers the case. If other
classes of citizens are to be enjoined
the complainant is told equity cannot
aid him if law covers the case.
1t is this inequality that the Bay
State has righted. and the injunction
Judge and those who profit by his prac-
tees have received blow from which
they will never recover.
The advanced position taken by
Massachusetts will be followed by
other states now that the ground is
broken" it is only question of time
until other states accept the newly de-
clared theory of personal and property
rights of n difference between the
worker and his product.
This doctrine elevates workers to
their fnll social stature, and its effect
will he noted in every field of activity,
but more especially in courts Of jus
voice of those who toll will hereafter
strike Il more responsive chord.
me position of the American Fedora
ton ut Labor has been Endorsed. and
Massachusetts trade unionists are to be
congratulated on the triumphant end
ing ut their long battle for justice
They have placed their state in the
honor list of being the first one in the
UuiUn tn amend property considerations
and notify courts that injunctions are
for use as originally intended-where
M statutory Jaw applies.
The injunction features of the new
Jaw arr similar to the injunction sec
lions OF the Clayton antitrust bill.
bending in the United State senate.
IN. action of the Massachusetts legis-
iaturp and governor will strengthen the
haudS OF those senators who are
l.,A I'D