The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1921-05-06
Court Holds Where 1t Is Unlawful
For Workers To Break Contract
So 1t Is With Employer

ed for an injunction to stop picket
ing and to restrain the Cigar Makers
Union from interfering with his bus
mess" and mis- strikebreakers. The
cigar makers filed cross bill to re-
strain Schwartz from breaking his
contract wsssn them.
Judge Driscoll denied the employ
crs' appeal and issued the injunction
requested by the cigar makers The
court said that Schwartz's testimony
was woefully in contrast to the open
and frank testimony Of the members
of the union" and that 1t was appar-
ent that his purpose was Ito get the
strong arm of the court" to aid him
in transferring his union shop to a
non-umon shop.
In sustaining the cigar makers
plea the court said:
1T has been held unlawful for en-
ployes to strike in breach of a con
tract of employment (12 Corpus Juris,
572); it must, therefore, be held un-
lawful for an employer to lock out
his employees III breach of contract
Of employment. The employees are as
mucn entitled TO the benefits of the
law as are the employers. Plaintiffs
(Schwartz) invoked the aid Of this
court in this case on the ground,
among other things, that if they
were compelled to resort to actions
at law it would result in a multiplicity
of suits. The same right, therefore,
must be open to the defendants, who
are brought into court by the plain
tiffs.
THE claim that an injunction can
rot issue to restrain such breach
of contract as this cannot be sustain
ed. No case has been cited, and
find none, where the right has been de-
MED. The authorities relied upon by
plaintiffs counsel are not based on
such state of facts as this. They
are based on old eases where The facts
are entirely different.
Equity Jurisprudence is a pro
gressive science Its principles ex-
pand and develop with the expansion
and development of civilization. 1t
broadens out to meet the exigencles
Ct the times The cases relied upon
-, ~ ,la;,4,4v ,uo,,a ,looi1od lo,,o, ha
fore the present stage Of development
of business enterprises and labor or
ganizations unlike the present
day, almost every employer was per-
sonally acquainted Will every one of
his employees.
"If the lockout continues the plain
tiff (Schwartz) viii have to pay them
for the loss they sustain as well as
to pay those now taking their places
for work which they, the locked-out
employees, might be doing.
Our supreme court has. by injunc-
ton. preserved to a citizen his legal
right to hunt (Hainsworth VS.. Hunt
ing Club, 1853, NJ, -5S). can, there
fore, see no good reason why the
rights of our citizens to work and earn
their livelihood should not likewise be
protected, especially where, as here,
they have no other full, adequate and
complete remedy at law.
"A decree will be entered granting
that part Of the prayer of the cross
bill praying an injunction TO restrain
the plaintiffs from preaching the con-
tract of employment"
High Spots in the Cigar Makers
Case
Bernard Schwartz is a cigar maker
by trade, and some thirty years ago
was a member CT the Cigar Makers
! Union
For the past fourteen years Bernard
| Schwartz has been operating strictly
union shop. In January, 1920, his
business was worth $250,000 The r
G. Dunn cigar was sold for $110 q
thousand and the cigar makers We're
receiving $40 thousand.
In the spring Of 1920 the cigar max
ers requested raise to $23 thou
sand, struck for the raise and OBJ
tanned it.
In November, 1920, the firm made
a demand for 10 per cent reduction