The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1919-01-24
Declares That Injunction Against
Union Workers Was Obtained
In A "Frame-Up" Jurisdiction.

In labor cases, federal judges and
federal courts constitute the nations
institutions of autocracy, with federal
judges the autocrats of this country,
paradox though this may seem.
The injunction has been the awful
weapon used by capital against labor.
Occasionally judge of State court,
and sometimes even the entire per-
sonnel of a State Supreme Court, has
given favorable consideration to la
bor's side in an injunction contro-
versy. But, while labor has feared
the injunction, it has feared most the
federal injunction. Therefore capi-
tai, whenever it could, has sought to
hale the alleged case against labor
into the federal courts,
The only theory upon which capital
can drag labor into the federal courts
is on a plea of diversity of citizenship
for in most cases between capital
and labor there has not been present
any other element which would bring
it within federal jurisdiction. Thus,
we find that capitals advantage over
labor could best be maintained. or
dinarily, if the matter came into the
federal courts, for there the federal
judges, with his life job, could sway
his injunctional sword like pasha,
and behead every laborite charged
with contempt, all without fear of
retaliation at a judicial election
The trick has been worked quite
often whereby, on one pretext or an
other, in a strike between employer
and employees, both of whom were in
habitants and residents of given
State, someone else would come in
a third party from some other State,
and under the pretext of injury to his
business because of the strike, drag
the case into the federal court, max
ling the employer supposed defendant
with the strikers, and thus giving the
federal court jurisdiction.
In the early spring of 1917, at
Hamilton, Ohio, there was strike of
the molders at the Niles Tool Works.
After conference in which the gov
ernment mediator took part, peace
terms were arranged and the men
in good faith, returned to work. But
on the part of the Niles Tool Works,
it had been merely Brest Litovsk
treaty, for Immediately after the men
returned to work. in good old Teuton
fashion, kaiser-like, the terms of the
treaty were cast aside, and efforts
made to destroy the organization.
! The men, with true American spirit,
resented and again went on a strike.
Some wrongs were committed, but
careful, calm, and impartial analysis
proved that they had been generated
| by the Niles Tool Works 1t was,
therefore, but natural that the town
authorities and the home environment
should be sympathetic with the men
because everybody knew how rotten a
scheme the Niles Tool Works had
pulled off" on the striking men
The Niles Tool Works is an Ohio
corporation, and it wanted an injunc-
tion for no other purpose than the
breaking of the strike. So to get
away from local atmosphere, it dir
ected its lawyers to obtain federal
injunction Whereupon, 10 and be-
hold! The Niles -Bement Pond Com
pany, a New Jersey corporation, be-
came the plaintiff in the federal courts
of the State of Ohio against the strik-
ing molders, and the Niles Tool Works
the Ohio corporation, was named as
one of the defendants The complaint
charged them all with the commission
of acts emitting the plaintiff to an
injunction, pleading, among other
things, that the Niles -Bement Pond
Company was New Jersey corpora
ton. Therefore, there being a diver
sity of citizenship, the case was
brought in the federal court, although
the Niles -Bement Pond Company
/ might properly have asked for this
injunction in the State court. Plain.
tiff alleged, also, that it was engaged
in government work, and that it was
unable to deliver and comply with the
government contracts because of the
strike.
The attorneys for the molders OBJ
jected to the federal court assuming
jurisdiction on the ground that th,
Niles-Bement Pond Company was /
monopoly and, further, that the Niles
Bement Pend Company, the New Jer
sey corporation, and the Niles Too
Works, the Ohio corporation, were en-
gagged in frame-up' upon the strik