Bisbee daily review., 1918-03-07
SUPREME COURT HOLDS PICKETING
 TO BE LEGAL
Case From This City Is Ruled Upon By That Body. Truax vs. Cooks Union.

The supreme court of Arizona has upheld picketins as a legitimate tool, for labor to use in efforts to win strikes.
 The high court of the state rendered this opinion in a decision handed dowC this morning uPhOlding the superior court of Cochise County in the case of William Truax versus Bisbee Local No 3S0 of the Cooks and Walters union. The decision was unanimous, being signed by he-three tauuces 0f the court.
 The case in question had attracte statewide interest, becau Q of the es feet that it's outcome will have on t'.e conduct O: workIrgmen throughout Ar izona. Justice Cunningham wrote the decision, his two associates concur ring.
 The cause fO~ court actiCn arose ii, April, 1916, when William Truax ant his son, as propTietOrs of the English Kitchen at Bisbee. announced a chang in the scale of wages and hours for the employees of the restaurant The en- ployes numbered 10 members of the Cooks and Walters union. Bisbee lO- cal No. 3S0. After attempts to cone to an agreemen. had fa-,ed, the en- ployes quit their work Tn the restaL- rant and a strikC was declared to h. in existence
 During the course of the strike. the union picketed the establishme i; against which the strike was directed. after about a week of which action William Truax sought petition of in- junction to restrain the union from continuing the pIcketing. This was denied by the .cwer court and the plaintiff then took the matter to tho supreme court.
 In setting forth the case. the opin ion of Mir Justice Cunningham says in its preamble: Appellant Civilian Truax) commenced action 10 enjoin dc- fendant (the unlOn) from advertising the labor strike md from appealing rc union members and syrIpathizers by means of banners, hand bills, circulars and street talks, to cease dealing witL the plaintiff"
 The reason for commencing court action by the owners of the restaurant is set forth in the opinion, "On the ground that plaintiffs are injured Il their business and the defendants are insolvent and unable to respond in damages and plaintiffs have no other speedy and adequate remedy"
 In picketing the English Kitchen the striking employees marched up anI down the street in front of the restau- rant, bearing banners wiTn the legend English Kitchen Unfair tn Cooks and Walters and Warren District Trada; Assembly," HaTdbills were distribu;- ed upon which a dissertation on the character and motives of William Tru- ax was printed It called upon all who were for fair play and for better living and working conditions to cease trad ing with the boycotted restaurant. Burros were marched up md down the, streets carrying similar signs and ban ners.
 In commenting on the conduct of the strikers in their icket VIC K and boz cotting. MT. Ju,Iice Cunningham, Tn writing his opinion. says: Such or. ganized, concerted action amounts to an unlawful ana malicious conspiracy and combination only in such cases as the object of the combina. ion is to ac complish a criminal or urlawful puT pose not in itself criminal or unlawful but by criminal or unlawful means"
 Going on further. the opinion take up the charge that in l;cketing hls place of business and Iutting oII handbills, signs aud making speeches the union violates the right of the plaintiff. In commenting on this. the !, opinion says: No righ. of the plain tiff is violated l. publishing the facts Certainly. if a dis pute be-ween plain. | tiff and labor union exists, plaintiff has no legal right to enforce the unioH to keep the facts secret
 The WAY that Ariznna I;.s resnnnded