The labor world. [volume] (Duluth, Minn.) 1896-current, 1922-04-22
5EDICTS AGAINST LABOR
have TAKEN AWAY MANY
!. CONSTITUTIONAL RIGHTS
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not founded on sound law, that they
were without precedent and that
they were violative of the provisions
! Of the federal constitution.
From the beginning Of the use of
the; labor injunction, \the wage earn
| ers have been informed by many of
the country's ablest jurists that
| courts of equity had no legal, stat
utory' Or constitutional right to is
sue injunctions. which, commanded
the workers to surrender the en-
|ejOyment Of their inherent and con-
stitutional rights. Many Of the ma
tons leading publicists have also
| directed attention. to the dangerous
! and sinister power which equity
courts were usurping. 49,.
Injunctions. in addition to limit
ing Or multiplying constitutional
| rights have also restrained work.
| men from committing certain spe-
| Gifted misdemeanors or crimes, a
| direct upsetting of all of the here
tofore rules and practices of British
courts Of equity. With this we shall
deal under a separate heading, for
we are now considering the equity
courts invasion of constitutional
rights.
The record of these invasoons in
| clude so many. cases and SUCH
lengthy restraining orders and court
| opinions that they number volumes.
| In a. federal Injunction issued in
favor of the Northern Pacific rail-
way company in 1898, the trainmen
were restrained
From combining, or conspiring
| together, or with others with
the design, or purpose of causing a
| strike and from ordering, rec
ommending, or approving, or advis-
! ing others to quit the service of the
| receivers of the Northern Pacific
| road on Jan. /, 1894, or at any other
| time.
| A similar Injunction was issued in
| 1894 by Federal Judge Dundy in
which railway trainmen were in
structed to y
"Refrain and desist from ever
combining, decorating, or conspiring
together with others with the
design, or for the purpose of induc-
ing, or causing a. strike by any of
the employees of said receivers.
In addition to issuing injunctions
prohibiting workmen from going on
strike, equity courts have enjoined
workmen from continuing on strike,
In the, injunction granted to the
Thomas G. Plant Shoe company, Bos-
ton, the members Of the United Shoe
Workers union of America. and
those who might thereafter become
members of the union, and their
agents, servants and attorneys were
perpetually restrained.
From siding with, or in any way
encouraging, or supporting the strike
described in this bill of complaint
or any further strike called for any
Of the purposes alleged in the bill;
and from paying strike benefits tc
any of the former employees of the
plaintiff now on strike" 49,;
Strikers also have been prohibited
from making any public reference
to strike, or to the fact that a dis.
pute exists. or had existed between
themselves and their employer. -,
In a permanent injunction granted
in 1920 by Judge Harvey A. AXE
Stark county, Ohio, the striking
molders we're ordered to refrain
From publishing, advertising, OF
circulating any statement, or declar'
alton that there is strike on, o,
pending at the plant of the plaintiff
company, or that there is trade
dispute between the plaintiff com
pany and the defendant"
The same prohibition Of free
speech is found in an injunction is
sued in Minneapolis" MIMI, 1920, to
the Wonderland theater. Members Of
the Trades and Labor assembly Of
Minneapolis were restrained.
"F'rom carrying, or in any man:
ner, or in any wise, exhibiting any
! banner, sign, reading, printing
dodger, card, or notice of any char.
acter having upon the same any
statement that plaintiff is unfair tt
said defendant.
"F'rom conveying, directly or in.
directly, 49, by means Of any act
or statement, or printing of any kind
in the Minneapolis Labor Review, OF
any other publication Of said de.
PENDANTS, = any statement of thu
facts, or from which such fact could
be reasonably inferred, that thu
plaintiff and his said theater, =
was, or is unfair to organized labor
The right to organize, or attempt
to organize has also been restrained
In the injunction granted by Fed.
eral Judge Anderson to the Border.
land Coal company in 1921, member.
Of the United Mine Workers were
restrained /,
f. "From advising, assisting, en-.
couraging, acting, abetting, or in any
way or manner, and by any and al
I means whatsoever I" to thu
unionization, or the attempted union.
ization of the non-union mines In
Mingo county. W. Va, and Pike
county, Ky. = &c.
In the Injunction granted by Unit.
ed States circuit court. West Vir.
ginia, in 1907 to the Hickman Goa
company, the union miners are re.
strained -. -
From interfering and combining
conspiring, or attempting to inter.
fere with employees Of plaintiff 70,
the purpose Of unionizing plaintiff,
mine without plaintiffs consent"
| ThrOupI1 nm in i'm cfio,, s-,A ~ 4.