The labor world. [volume] (Duluth, Minn.) 1896-current, 1917-05-19
DIRECT ACTION.
By SCOTT NEARING.

! .udSe-made law in labor cases has
reached such proportions that the
| bureau OF Statistics of Massa chusetts
is able to issue $50 page book under
! the title, Labor Injunctions in Mas
! sachusetts." The volume is practice
| ally filled with quotations and sum-
| mares taken from cases in which
Judges have issued injunctions in
! labor disputes
Two things are noticeable in these
cases. The first is the fact that the
injunction is a weapon which is used
by the employer against his employees
! me workers do not y Sc the .injunc-
! ton. Whatever its Possibilities, the
! workers have not availed themselves
of the opportunity which the injunc-
! uon might give them to secure quick
| action on vital questions.
| Ihe injunction is form of direct
| action. Where irreparable damage is
threatened; where it can be shown
tnat the ordinary processes of law are
| inadequate to give relief from Unjust
ice, 1n)unctions may be secured from
the courts. If, for example, one man
appeared on the property of another,
4, and began cutting his shade trees,
Tor winch no damages would be an
adequate compensation, the court
would issue an injunction forbidding
the intruder to continue cutting the
trees. If he persisted, he would be
adoudged in contempt of court and
punished by the judge who. had issued
the injunction.
| proceeding upon this theory, courts
have issued fnjunctions in labor dis
putes. group Of workers, striking
against their employer, are threaten
ing to- destroy his property. These
workers have no property upon which
the employer can levy if he wins a
damage suit against them. Beside
that, the injury which they are doing
to his business is so great that no
money damages would ever compen-
| safe for it. The court grants the in
junction because no amount of DAM
ages will make up for the loss sus-
| tanned.
Look at the other side of the ques-
ton for a minute.
| A hundred women are at work in
[ state where the law requires that
| women shall be provided with seats.
! No seats are provided, however, and
the constant standing, day by day,
| undermines and finally destroys the
health Of the women. These women
have remedy at law. They may
compel the factory inspectors to ell
force the law and to provide seats.
But that takes time. Meanwhile, the
women are suffering a daily and ir-
| reparable loss of health. This is
clearly a case for the issuance of an
| injunction.
A number of men are at work in a
! mine. The mining company in VIOLA
ton of the, law, does not provide ade-
| Quate ventilation. The mems health
is damaged in consequence, and one
day the dust and gas in the mine will
explode, killing and manning scores
or perhaps hundreds. The danger. is
imminent and constant. The men
have a remedy at law, but meanwhile,
irreparable damage is being done.
Again there is case for the use of
the Injunction.
Oddly enough, inJunctions are not
| issued in these cases. It is only when
irreparable damage will be done to
! property that the courts hasten to the
assistance of citizens. Injunctions
! are secured by employers, to protect
| property
The property owners of the United
! States are the real direct-actionists.
! The workers appoint legislative COM
| nittees, elect representatives, lobby
| for legislation, and when it is de-
clared unconstitutional, they go back
and pursue the weary path again
sometimes consuming years in the
! process. Children are toiling; women
are being ,overworked at starvation
| wages; trade diseases threaten health
| and life; accidents occur by the tens
| Of ACKNOWLEDGEMENTS health and
life itself are destroyed ruthlessly
| with no redress save the tedious ma.
chinery OF legislative action. A strike
is called. Strikers and strike-break-
ers come into conflict, property is
threatened, and presto-an injunc-
ton is granted and the danger of IT.
reparable damage to property is
warded off.
Injunctions are issued to prevent
irreparab1e damage; they are issued
at the behest of the employer; they
are issued for the protection of prop
erty. Blessed are they that own for
theirs is The power of the judiciary.
el>In.~n>.> ~ !