Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-06-30


Is the sinister part which courts 4
equity have played in creating an
supporting class distinctions.
II individuals. CT groups. arc DE-
MED opportunities. methods. 81 rights
which are granted 10 other indivla.
uals, OF groups Il enc group IS grant
Ell the night 81 membership in any
religious denomination anu another
denied that right. if some men are
permitted 20 engage in manufacturing
and others are denied thar emporium
ity; II some are entitled u can prop
erty and Others are denied that right,
# some men are given the privilege
OF going into business and others are
denied that same opportunity; i
manufacturers are protected in their
night 10 organization and that very
same right is denied 10 wofkmen, il
business men are assured Of their
right 10 publish an unfair list" and
TO boycott and that same right is de-
MED TO wage earnerS, then class dis
unction is of necessity created.
The numerous state and federal
labor injunctionS give almost indis-
putable proof that class distinction
has been created.
The employers right OF association
has never been denied by an injune-
ton granting court. But, within re-
cent times, equity courts have held
that the employees right TO organiza-
ton was not inherent, but a right to
be enjoyed only with the employers
consent. Courts have restrained
union wage earners from taking any
practical steps to prevent their de-
unionization.
The Springfield Foundry Of Spring
field. Mass, after having operated
a union shop for years, suddenly and
abruptly discharged all of its MOLD
ers without notice, and within day
thereafter placed a number of strike
breakers in the shop.
The union molders did not go on
strike; they had been locked out.
They endeavored to protect their
union utilization membership by the
payment of benefits and although the
struck the first blow, the equity
court, regardless Of the rule that the
plaintiff must come into court with
clean hands, issued an injunction
which permanently restrained the
Molders' Union.
From interfering with the bust
ness of the employer by maintaining,
or carrying on conspiracy against
the plaintiff for the purpose of COM
polling ii to conduct its business as u
closed shop.
by the payment of strike benefits,
or of emoluments to any person for
the purpose of maintaining conspir-
acy against the plaintiff
The firms action in discharging its
union employees and carrying Out
the policy of organized "open shop
by employers was a lawful acts--a
policy not restrained or restrainable
by a court of equity. But the work
mans union shop" was a Con
spiracy" and the payment of strike
benefits to the discharged union men
was prohibited by the court.
In Beverly. Mass, the United Shoe
Machinery Company, one of the most
effective monopolies developed in tbs
United States, desired to de-unionize
its machine shop. Each machinisi
was informed that he would be imme-
diately discharged unless he signed Al
individual contract, which, among
other things, provided that he would
at once resign from the Machinists
Union and would not become a mem
Der of any trade-union while in the
company's employ.
To protect their organization from
humiliation, the machinists went on
strike against being compelled to sign
these contracts. An injunction was
issued restraining them from remain
IND t.%il AZ
Supreme Court of Massachusetts
gave it judicial approval.
Most glazing are injunetions that
have prohibited workmen from in any
way saying, writing, or in any other
manner indicating that certain in
dividual, firm, or corporation engaged
in business, manufacturing, or trans
portation was unfair" and therefore
unworthy and undeserving of the
patronage of union men and other
citizens.
In the case of the Wonderland
Theatre of Minneapolis, Mimi, which
had discharged its union employees
and employed non-unionists in their
place, trade unionists were restrained
From conveying, directly or indi-
rectly, by means of any act,
or statement, or printing of any kind,
in said Minneapolis Labor Review, or
any other publication any
statement Of the facts, or from which
such fact could be reasonably inferred,
that the plaintiff $50 was, or is
unfair to organized labor"
In the case of the Armstrong Cork
Company. a federal court of equity
restrained trade-unionists and others
From boycotting, or making effee-
tual, or in any way proclaiming a
boycott or from sending, con-
veying, or delivering in any way to
any person, firm, corporation, or assoc
citation, any notice, whether verbal or
written"
A federal court of equity in West
Virginia issued an injunction in con-
nection with the strike against the
National Telephone Company which
restrained strikers and others
From posting, circulating, print
ing, or writing anything intended 10
make effective a boycott against the
plaintiff, > or in any other way,