The labor world., 1922-03-25
JUDGES NO lOl6ER 60 TO !.
ENGLAND FOR. PRECEDENIS
Continued from page -

~
(Continued from page ID ~ !.
and doctrine can be found: Author
[,ity is abundant for almost every
proposition" - +. d. .. 3, #: H.. . NJ
Judge Andrews stated the case
simply and briefly and in it an
nounced what every lawyer, judge
and, student knows. to be the fact.
that the precedents for and AGAINST
the issuing Of an injunction restrain
ing certain acts by. trade-unio1ists
are such that the attorneys for Both
sides can present an almost limit
less number to support their conten-
ton that an injunction should or
should not be issued. MR.
One judges. ."conscience'' will not
permit him to issue an Injunction as
requested by the employer because
of his conviction that to do SO would
abrogate the wage-earner's constitu-
tional rights; that it would infilict
grave injustice; that 1t would per
NIT his court to be used by the en-
ployer as an additional and weighty
club with which toebeat down labor.
Another equity Judge becomes a
partisan Of the employers, and his
"conscience'' permits him to shackle
1abor's hands during an industrial
dispute. He issues his restraining
orders, commanding the wage-earn-
ers to refrain from doing certain
acts, and carrying out certain poll.
cies for their self-preservation which
the employers have an unquestioned
right to do and which they enjoy
without legal or judicial interfer-
ence. =
Let us examine the equity @con-.
science" as it has been expressed in
the Vermont case Of State vs.. Stew
art: ~
+ "Tiie exposure of legitimate bus
mess to the control Of an association
that can order away its. employees
and frighten. away others that it
may seek to employ, and thus be;
compelled to cease the further pro-
secution Of its work, is. a condition
of things utterly at war with every
principle of justice and with every
SS41eH uG11u VI P1OION(AOAA tAAeAe SASAASAA9
of our system of government are en-
titled to enjoy. The tendency of
such intimidation is to establish over
labor and over all industry a. control
that is unknown to law and that. IS
exercised by g. secret association OF
cotspirators, actuated solely by per-
sonal consid ration and whose plans
carried into execution, usually. re-
suit in violence and destruction Of
property"
in the Massachusetts case of cher-
ry VS.. Perkins, the court said:
"The wrong is not, as argued by
the defendants council, d libel upon
the plaintiffs business. 1t is not
found that the inscriptions upon the
banner were false, nor do they ap-
pear to have been in disparagement
to the plaintiffs business. The
scheme in pursuance of which the
banners were displayed or maintain-
ed was to injure the plaintiffs busi-
ness, not by defaming It to the pub
lie, but by intimidatin8 workmen{ SO
as to deter them from keeping or
making engagements with the plain
tiff. The banner was g. standing mes
sage to all who were, or wished to
be in the employment of the plain
tiff to deter them from entering
plaintiffs premises. Maintaining it
was a continuous unlawful act, injur-
ious to the plaintiffs business and
property, and was a. nuisance such
as a Court of Equity will grant re-
lief against"
The extent Of jurisdiction of an
equity court in industrial disputes
has, however, been challenged by a
number Of most able federal Judges.
In contrast with these two cases
there Eare many vigorous dissenting
opinions; what follows is one Of
them. ~
In his dissenting opinion in the
case of Hopkins VS.. Oxley stave
Company, United States Circuit
Court, s1s7, Judge Caldwell said:
Labor is not the ward of chanc-
cry. A Court Of Chancery has no
more authority to interfere with
labor organizations in the conduct Of
their business than it has to Inter-
fere with the business Of corpora
tions and trusts and Of combinations
of capital in the conduct Of their
business and In case of a strike or
boycott, as long as each side IS or
derly and peaceful, they must be
permitted to terminate their struggle
in their own way without extending
to one party the advantitious aid of
an iniunctfOn" r..
In future articles there will be re-
produced: a. number Of searching
criticisms and condemnations of the
injunctions issued by equity courts
which are contained In the decisions
and opinions of a number Of. the
country's greatest jurists.
1TW0 MORE BARBER SHOPS
! AGREE TO UNION Term!
Two more barber shops signed UT
with the union during the week and
have agreed to restore the ,unio1
scale. The Providence building bar
jonv. st,on. "a nouy a ,,ninn al1en .It II