The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1921-04-07
"PEACEFUL PERSU ASTON"

ouSIiSC IIlldA6Cl, VI luc NcW 1oI n
supreme court, is entitled to a vote
of thanks from the people of the
City of New York, and from the peo-
pie of the entire country, for that
matter. He had the courage to de-
liver smashing blow on the solar
plexus Of one of the worst nuisances
that employers and the public have
had to endure in connection with the
perennial organized labor rows.
Wherever a strike has been going
on, 1t has long been assumed that
those who did not want to work had
an inalienable right to harass,
threaten, and assault those who did.
Under the plea of stationing sentinels
in the vicinity of strike-afflicted
establishment to persuade" others
not to work, there has been for years
a liberation of continuous outrage
that was a disgrace to the country
Justice Erlanger hit this particular
form of mobocracy with a succession
of rapid-fire facts which left high and
dry the hypocritical cant on the
strength of which it has been so long
endured. He merely told the plain
truth about it. He said that this
form Of attack was utterly futile un-
less 1t was accomplished by intimida-
ton.
OF the peaceful persuasion" myth
he left not a vestige. The theory that
gangs of loafers are privileged to
hang around the neighborhood where
a strike is on and interfere with
workers and customers is not
theory that this courageous Judge &C
cepts for a moment. If the courts
are unable to prevent this sort of
outrage, then, he said, justice be-
comes a mockery.
The case on which Justice
Erlanger ruled was not a particularly
aggravated one. It was just the
standard strike 'picketing" outrage
to which we have become so accus-
toned that it seems to have been
taken and accepted as a part of our
organic law A restaurant had re-
fused to grant the demands of GER
tain of it's employees. Result,
strike. Result of the strike, relays
of vicious idlers hanging around the
premises threatening employees and
even customers.
There was the usual necessity of
protecting those who wished to work
by bringing them in taxicabs and
sending them to their homes under
some kind of escort. When the
nuisance became absolutely intoler-
able, application was made to Justice
Erlanger for an injunction. The ap-
peal went to precisely the right
quarter. The injunction was ordered
the moment the testimony was in.
1t was in granting it that Justice
Erlanger hit this nuisance in a way
that, if followed up as it should be
by energetic police action, would
tend rapidly to abate it. Among
other things, Justice Erlanger said:
"Is the state so weak that it can
not protect those who desire to work,
but are fearful of the result if they
do? Is the worker to be deprived of
his right to live even tho he be will
ing to work for wage acceptable to
him, or forced to join a union
against his will? If these things are
permitted and the courts are to be
to protect the weak against
the strong, then the law is mock
ery.'
Here are certain cold facts about
the open shop question in nutshell.
Judge Erlanger's sensible words may
well be commended to the serious
consideration Of Mr.. Samuel Comp
ers and others who latterly have suf-
fered so much distress about the
open shop conspiracy" If by "con-
spiracy' they mean that there is a
determination abroad in the land
that the American citizen shall have
. right to work for living whenever
and wherever he, chooses without
wearing the tag and getting the per-
mission Of the Grand this, that or the
other of some supervising body as
suming control of the American
mans privilege to work for the sup
port of himself and his family, then
the conspiracy" is on and doing
business right at the old stand where
t began on the Fourth Day of July,
l776, and Justice Erlanger very
clearly enunciated the Conspiracy"
platform. Weekly.