The labor world. [volume] (Duluth, Minn.) 1896-current, 1917-08-18
DIRECT ACTION.
BY .Hott N6hrinS.

BY 6cott NEARING.
Judst.nna4s law In labor cases has
reached such proportions that the
bureau Of statistics Of Massachusetts
10 able to issue 4 250-page book nnAer
the title Labor 1njunctions in Maaaa.
chusetts'' The volume is practically
filled with quotations and summaries
taken from, cases In which judges have
Issued injunctions in labor disputes.
Two things arc noticeable in these
cases. The first IL the fact that the
Injunction il a. weapon which il used
by the employer against his employees.
The workers do not use the Injunction.
Whatever its possibilities. the workers
have not availed themselves Of the on.
portunity which the Injunction might
give them to secure quick action on
vital questions.
The 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 injus-
tlce, 1njunctioAs may be secured from
the courts. If, for example, one man
appeared ON the property Of another
and began cutting his shade trees, for
which no damages would be an ade-,
quate CONFORMATION, the court would;
issue an Injunction forbidding the in.
truder to continue cutting the trees
IT he persisted, he would be adjudged
In contempt OF court and punished by
the judge who had issued the injunc-
ton.
Proceeding upon this theory, courts
| have issued injunctions in labor dis
putes. A 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
! damage suit against them. Besides
that, the injury which they are doing
to, his business 10 SO great that no
money damages would ever eon1pen-
! safe for it. The court grants the in
| junction because no amount of dam
| age 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 a
state where the law requires that
"O1ASh OS pEOV1uSu With 6SdlS.
! No seats are provided, however, and
the constant standing. day BY day,
undernaines and finally destroys the
health OF the women. These women
have d remedy at law They may
compel the factory inspectors to en-
force the law and to provide seats.
! Bit that takes time. Meanwhile, thea
! women are suffering daily ana ire
parable loss of health. This is CLEARLY
a case for the issuance Of an ii1junc-
ton.
number Of men are at work in a
| mine. The mining company, in viola
! ton of the law, does not provide 4de-
Quate ventilation. The mems health
Is damaged, In Consequence, and one
day the dust and gas III the mine will
explode, killing and maininE scores,
| or perhaps hundreds. The danker is
imminent ana constant. The men have
q remedy at law; but meanwhile ire
parable damage il being done. Again,
there is case for the use Of the in
junction.
Oddly enough, injunctions are not
issued in these cases. It is only when
trreparable damage will be done to
pAOp0A ~ IAdI (Hc COuIIS hasten lHS
| assistance of citizens. Injunctiens are
secured by employers to protect prop
erty.
The property owners Of the United
States are the real direct acti6nists.
The workers appoint legislative Com
:mittees. elect representatives, lobby
for legislation, and when it is de-
clared unconstitutional they so back
! and pursue the weary path again
sometimes consuming years in the
process. Children are toiling, women
| are being overworksd at starvation
wages, trade diseases threaten health
and life, accidents occur by the tens
Of thousands-happiness, health and
life itself are destroyed ruthlesely and
with no redress save the tedious ma
chinSry Of legislative action. A strike
is called. Strikers and strikebreakers
come into conflict, property is threat
ened, and presto--an injunction is
granted and the danger Of 1rreparable
damage to property IL warded of.
tnjunctions are issued to prevent IT.
reparable damage: they are iSsusd 1T
the behest of the employer; they Are
issued for the protection Of property.
Blessed are they that own, Tor theirs
ID tho power Of the judiciary.