The labor world. [volume] (Duluth, Minn.) 1896-current, 1922-04-22
ED|CTS AGAINST LABOR
have TAKEN, AWAY many !
II !. 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
sue injunctions which commanded
the workers to surrender the en-
joyment 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.
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
"Refrain and desist from ever
com bining, federating, or conspiring
together with others =" with the
design, or for the purpose of induc-
ing, or causing 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
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 bills
and from paying strike benefits to
any of the former employees Of the
plaintiff now on strike" .,
Strikers also have been prohibited
from making any public reference
to strike, or to the fact that dis
pute exists, or had existed between
themselves and their employer.
In permanent injunction granted
in 1920 by Judge Harvey A. AXE,
Stark county, Ohio, the striking
molders were ordered to refrain
'From publishing, advertising, or
circulating any statement, or declar-
alton that there is a strike on, or
pending at. the plant of the plaintiff
company, or that there is a 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.
From 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 to
said defendant.
"From conveying, directly or in
directly, - by means of any act.
or statement, or printing of any kind,
in the Minneapolis Labor Review, or
any other publication of said de-
PENDANTS, = - any statement of the
facts, or from which such fact could
be reasonably inferred, that the
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, members
of the United Mine Workers were
restrained e,
From advising, assisting, en-
couraging, acting, abetting, or in any
way or manner, and by any and all
means. whatsoever to tho
unionization, or the attempted union
ization of the non-union mines in
Mingo county, w. Va, and Pike
county; Ky. ~
In the injunction granted by Unit
ed States circuit court, West Vir.
ginia, in 1907 to the Hickman Coal
company, the union miners are re-
strained ...
From interfering and combining,
conspiring, or attempting to inter-
fere with employees Of plaintiff for
the purpose of unionizing plaintiffs
mine without plaintiffs consent" ,
Through an injunction granted by
Iudpo Andorsop TIp3tod C+ofos oyn