The New York herald., 1921-05-24
ness has been virtually At : standstili.

ness has been virtually NJ q stand0tlli.
though by housing. day and night. In
the factory about 240 non-union workers
1t has been possible to keep a small part
OF the plant going.
The Friedman suit is one Of a. score
OF similar actions pending in the courts
in which inJunctions are asked to re-
strain permanently the Amalgamated
union. its officers and members. from
II terfering with the clothing nanufac-
turing business by picketinE the plants.
warning away all non-union workers and
violently assaulting and abusing any
men or women who, nevertheless, ver-
ture 10 seek work in the picketed plants.
Damages are asked against the union
and its membership In most OF these
suits as the result OF interference with
tho normal production Of the plants.
The total amount sued for SO Tar aggre-
gates $o.725.000. of which 100000 Is
| asked by the Friedman concern.
The injunction feature Of these suits
and not the damages demanded is the
one that concerns the ltigants most.
Temporary injunctions pending the final
trial OF the actions have been granted
In several of them. In the Friedman
case demurrer to the complaint was
overruled by Supreme Court Justice Del
ehanty two weeks ago. The motion for
counsel have been retained on both sides
Former Justice Francis NJ, Scott OF the
Appellate Division representing tine man
ufacturers and former Judge Samuel
Seabury OF the Court of Appeals appear
ing for the union. A counter suit do
manding sl.o0o.000 damages and alleg-
ing a conspiracy to destroy the Amalga-
mated and force lower wages, longer
hours and old time sweatshop conditions
or the workers has been instituted In
the name OF the union.
Supreme Court Decision N Bnsis.
The outcome OF these actions must de-
pend in large part upon the construc-
tion placed by the appellate courts upon
a decision OF the United States Supreme
Court some years age. when 1t upheld
an injunction granted to the Hitchman
Coal and Coke Company OF West Vir-
ginia against the United Mine Workers
and the late John Mitchell the uniop's
president. 1t was then held to be un-
lawful for the members Of union to
seek by speeches. picketing End other
wise to induce non-union workers, en-
ployed to replace strikers. to abandon
their jobs and strike. Tho United States
Supreme Court declared that by ita acts
the United Mine Workers Union had
engaged In a common law conspiracy
in restraint Of trade and also In = con-
spiracy against the rights OF nom
union workers.
A decision based on this authority
has been rendered by Justice Roden-
beck In the Supreme Court In Mon
roe county, In an action brought by
Michaels, Stern & Co., a large Rochester
clothing Arm, against the Amalgamated.
This case was tried last year. In his
tat t,1 Id nhAn ovatn tnA n
permanent injunction restraining the
Amalgamated Clothing Workers from
interfering in any way with the opera
tion OF the Michaels. Stern shop with
union men belonging to the United Gar
ment Workers, the A. r. Of l.. organiza-
tion, against which the Arnalgamated
wages unceasing warfare.
Justice Ro6enbeck said in rendering
Judgment: '"rhe Amalgamated Clothing
Workers, instead of endeavoring to Sc
cure recognition by an example of en-
lightened and reasonable administration
In other factories. chose to force their
way into the plaintiffs factory by its
powerful influence and supported by acts
which the law condemns.
Ultimate success in the labor move
ment does not lie along this line. but In
the direction Of a peaceful exemplifca-
tion of Just and reasonable adminis-
tration Of the affairs Of the union, with
advantages not only to the employers
and employees but to the public as WELL"
Labor Monopoly Denounced.
Justice Rodenbcck found that the
Amalgamated union was based upon the
theory OF creating "a monopoly in the
clothing held of labor and he denounced
such a monopoly as unlawful. "Ex-
perience has taught mankind" wrote the
court. that an economic or Industrial
despotism has no more consideration for
the general good than a political des-
potisn, and Is an undue barrier to the
exercise Of personal liberty and freedom
Of action. the development OF industries
and reasonable competition"
The court did not touch directly upon
the political aspects OF the Amalga-
mated, as all evidence concerning the
Socialistic or Communistic leanings Of
certain members of the union had been
excluded as not proper part Of the
plaintiffs case. 1t is only In the Fried
man suit tina. this issue Is put squarely
up to the colrts and on the outcome Of
this action may be said to depend the
future OF the Amalgamatcd Clothing
Workers of America as militant In
dustrial revolutionary union" as It's own
officials have repeatedly described II.
davits concerning the alleged Com
rnunistic and Soviet principles OF the
Amalgamated. sidney Hillman. general
president, and tho other officers OF the
union have passed over these allegations
very lightly. Perhaps the strongest
statement In behalf Of the union con-
corning this issue Is that made In an
affidavit by Ttay Stannard Baker, who
informs the court.
eff the Amalgamated Clothing Work
ers of America were destroyed ana
broken up to-day It would be catas-
trophe resulting In the huge growth OF
radicalism in the clothing industry.
Counsel for the manufacturers point
to this statement a. practical admis-
sion that radicals are In control OF the
Amalgamated and Of the clothing indus
try and that a decision dssolving their
union would aggravate their dissatisfac-
ton with the existing form Of govern
ment In the United States.
Sees Russianltke Plot.
Justice Francis Il. Delehanty in his
decision upholding the Friedman COM
plant. as settlng forth proper cause OF
action and overruling the demurrers in
terposed by counsel for the Amalga-
mated, said:
"The amended complaint charges con-
spiracy on the part OF the Amalgamated
Clothing Workers of America to destroy
all Industrial. social and political struc-
lures and to wrest by force from the
plaintiff and other employers In indus
try all private property and all means
of nroduction and substituting In place