Evening journal., 1919-11-17
CALL OFF PICkETS,
JUPG-S ADVILE
,Continued From Page one)

klOullLutu run ta5N 0AIsI
idle and mlschievous picketlng VIII be
morally responsible
After giving his opinion. Judge Finger
called witness for the complainant
before him and instructed her, as well
as Charles J. Coleman. City Court
clerk, to notify the leather union Of
his decision and the adyisability OF
dscontlnuing the picketing. He warned
pickets and employees to avoid viola
tions OF the law.
The decision follows:
"The defendant in this case Is
charged with having committed an as
sault upon the prosecuting witness Dy
slapping her in the face when the lat
ter called him a 'scab. II appears
from the evidence that the defendant
is employed at the plant OF the New
Castle Leather Co.. where a strike was
called some six or seven months ago,
and where the prosecuting witness
during all This time has been engaged
as a picket. There was further testl-
money relating generally TO the con
ditions around the plant incident TO
the strike. and the facts testiled 10
give this case a phase OF Interest great
er than if this were merely an ordln.
ary case Of a simple assault altehuah'
with no serious consequences.
"The right of labor to use its weapon
os striking where the strike is not
called in defiance OF law or without a
proper regard for labor's obligations, IS
one which ought not TO be aDrioeeu
The right TO make effective q 'trlhe
which has been properly called DS pos,-
ing pickets Is likewise one Whlch
should not be abridged, provided the
means employed are orderly and law
abiding and not calculated to provoke
breaches Of the peace. The testimony
however, indicates that a condition eX-
lists at the scene Of this assault where
these rights have lost their force. Only
a small percentage of the employees
needed the strike call and their places
were quickly fllled During the six or
seven months that have intervened
since the strike was called, il appears
that the company has further taken on
enough additional employees TO double
the production Of the plant. 10 is
therefore apparent that the strike fail
ed. Nevertheless. the strike not having
been officially declared ended. a techni
cal state OF strike still exists and ten
or twelve or fourteen people. during all
this period Of six or seven months,
have been kept at this idle picketng
After 10 became a demonstrated fact that
the strike was Ineffective. it seems that
the net results Of the efforts OF these
pickets was to provoke breaches Of the
peace OF various dcggees Of gravity,
sufficient TO requis. the constant pres
ence at the plant for several months OF
members Of the police department at
a time when the force has not been full
and the services Of the officers We're
greatly needed elsewhere The police
department and the city have thus un-
reasonably been compelled TO shoulder
an undue burden.
In some Jurisdictions ordinances
have been passed, making 10 unlawful
TO continue plcketlng where a strike
has reached the stage this strike seems "a
have reached We have no such ordi-
nance, but IL would seem that the time
has come when this picketing ought Ia
be stopped. The interests Of labor are
mot being subserved. and If further and
more serious trouble should develop
AtAWCf NhAAAAH AiAAH AAtAN anu AAlAENAAAfN-
Gus picketing viii be morally RESPONSE
BILE This view is further influenced by
the testimony that the strike was called
not because Of any grievance concerning
wages, or hours Of labor, or conditions
Of employment. but because of the dis
charge by a foreman Of two employe:
and the refusal OF the company to rein
state them.
However, mere words, no matter how
opprobrious, will not justify an assault
but in view Of the fact that the condi-
/ tions seem to have become SO annoying
and irritating, merely nominal fine
will be imposed in this case. It is nO
! TO be understood, however. that this
court VIII countenance offenses OF this
character It VIII be the duty Of the
court to punish all such breaches O
the peace. and until this picketing i
ended, both the pickets and employe'
Of the company are warned that the!
must exercise care TO avoid violations
Of the law commensurate with thl
-oTaAfonc Ennxxn 10 nvfef -