The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1919-07-11
Which In Nice Way Severely Scores
Hamilton Machine Tool Conn
pany For Petty Action. De-
cision In Full.

Case was one for police court and
not for court of equity. Plaintiff had
no grounds for injunction. Allega-
tions of petition not borne out by
evidence. Strikers have right to ap-
proach prospective employees and gain
their sympathy. All that plaintiff
showed was a few little incidents that
are likely to grow out Of any strike.
Petitions dismissed at cost Of plaintiff
Citation for contempt dismissed at
cost Of plaintiff Thus does Judge
Clevenger of Wilmington tersely sum
up the whole situation in his decision
wherein he dismisses the petition of
the Hamilton Machine Tool Company
for injunction against Truman Zilliox
and a number of union machinists and
at the same time in nice way sever
ly scores the company for its petty
action in resorting to the courts with
its fimsy claims in its efforts to de-
feat its former employees whom it
compelled to strike in order to force
the company to live up to the promis-
es it made them The Press is sure
that the decision contains so much Of
interest to all employees, and to EN-
ployers as well, that it reproduces it
here in full
BUTLER COUNTY COMMON PLEAS
The Hamilton Machine Tool Co.
Plaintiff.
VS..
Truman Ziliox, ct al,
No 29007
DECISION
Clevenger, j.
This cause was heard on its merits.
1t is an action praying for injunction
only A temporary injunction was
granted upon the showing made by
affidavit at the inception of the suit.
During the pendency of the action
plaintiff caused a citation to be is
sued against the defendant, Joe Bell,
commanding him to appear and show
cause why he should not be held in
contempt of court for an alleged vio-
iation of said injunction AS all the
evidence on both issues was neces-
sarily involved in the hearing on the
merits, by agreement, both matters
We're heard together.
Leaving out the formal allegations,
the substance of the petition is that
plaintiff employees over one hundred
hands, has on hands number of or
ders as we'll as much material, and
that it is of vital Importance that it
be permitted to carry on its business
in lawful way without interruption.
1t charges the defendants with hav-
ing conspired and confederated togeth-
er, and are mutually aiding and en-
couraging each other in the unlawful
acts complained of. The unlawful
acts so stated are that the defen-
dants congregate, picket and station
themselves in large numbers about
plaintiffs factory, and at strategic
points on the streets and highways
in the vicinity where plaintiffs en-
ployees pass in going to and from
plaintiffs factory and their homes.
That defendants intercept said en-
ployees and by threats, violence, as
saults and batteries, hinder and molest
said employees, for the sole purpose of
preventing said employees from work
ing for plaintiff.
Defendant by way of answer adj
NIT certain formal allegations of me
petition but deny each and every
other allegation thereof. But further
answering they allege that there has
been a strike of the workmen in said
shop for some weeks past, and that
the defendants are strikers, or sym
pathizers. That they have conducted
said strike peaceably, and in law
| full and honest manner. That plaintiff
falsely advertised to the public that
there was no strike in said shop, and
that it became necessary for defen-
dants to post notices and use other
peaceable means of informing workers