The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1914-10-09
NEW ERA DAWNINC
Massachusetts Leads the WAY
For Personal Liberty.
LABOR POWER NOT PROPERTY.
Freedom of Speech and the Right TO
Meet In Lawful Assembly Guaran-
teed to ToiIers by New ti-injuno-
tion Law-Old Theory Overthrown.


teed to ToiIers by New Anti injunc-
tion Law-Old Theory Overthrown.
antiinjunction bill, recently passed by
both branches of the Massachusetts
| legislature, the state became the first
in the Union to place In its code demo
| cratic and modern ideals relative to
| personal rights.
The theory that property rights are
| supreme is overthrown, and the posi-
| tion SO insistently maintained by the
American Federation of Labor is sus-
| tanned In an act that draws a clear
| line between workers and the prod
ucts of their labor, and sweeps aside
| the dictum that one man has proper
| ty right In another's services.
Attorney General Boynton failed to
| find anything unconstitutional about
the anti injunction bill, and in re-
sponse to an inquiry by the state SEN
ate said. The bin ~contemplates a
| radical change in our law and a new
| departure in the public policy Of the
| commonwealth, but the right Of prop
| erty to the protection of the writ OF
| injunction Is n statutory right and Is
| not guaranteed by 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 thus has shown that
| 1t Is attuned to democratic ideals by
creating, 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 q business and the perform
ance OF services are personal and not
property rights.
This Is the first time q state has
taken this position, which is most sig
nitcant. as 1t indicates the mighty
mental changes men are undergoing,
and clearly indicates a 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 testi-
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 its 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. IL other
classes of citizens are to be epjoined
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-
tices have received blow from which
they will never recover.
The advanced position taken by
Massachusetts, will be followed by
other states now that 1.-The ground is
broken" 1t is only a question of time
until other states accept the newly de-
clared theory of personal and property
rights Of a difference between the
worker and his product
This doctrine eleyates workers TO
their full social stature, and its effect
will be noted in every field of activity,
but more especially In courts Of JUS
tice and in legislative halls, where the
voice OF those who toll will hereafter
strike q more responsive chord.
The position of the American Fedora
ton of Labor has been indorsed, and
Massachusetts. trade unionists are to be
congratulated on the triumphant end
ing of their long battle for justice.
They have placed their state in the
honor list OF being the first one in the
Union to amend property classitications
and notify courts that injunctions are
for use as originally intended-where
no statutory law applies.
The injunction features OF the new
law are similar to the injunction sec
tions of the Clayton antitrust bill.
pending in the United State senate.
The action OF the Massachusetts legis-
lature and governor will strengthen the
hands OF those senators who are
friendly 10 the cause of labor. and
will inspire trade unionists everywhere
to greater effort in their work of Great
ing public opinion, by pubic meetings,
resolutions and letters, to the end that
the senate pass the Clayton bill, as ap-
proved by the house, at this session of
congress.