The Connecticut labor news., 1922-09-22
Jurist Browns on AttOr- ney Generals Views of Legal Rights of Workers and Declares Labor Boards Decis- ions Are Advisory Only"

Chicago, Sept. 22.-Judge Georg' M Bourquin, United States judge fo, the district of Montana, takes diff ferent view of the legal rights O railroad strikers from that held by Attorney General Daugherty ane Judge James H. Wilkerson, who is sued the drastic injunction agains the shopmen.
 Recently the Great Northern and the Northern Pacific railroads went into Judge Bourquin's court at He lena, Mont, and asked for an injunc- ton against the railroad strikers. The judge issued a very limited order and in doing so laid down the fol lowing propositions:
 The strike of the shopmen is
 lawful
 The Labor Boards decisions
 are advisory only"
 Strikers may use "all art, elo-
 quence, oratory, and logic" to in
 duce their fellow workers not to
 "scab"
 Strikers in presenting their
 case may be at least as vigorous
 as Congressman delivering
 speech or a justice of the supreme
 court wrangling. over point of
 law. ..
 Picketing is all right ,as long
 as others rights are not invaded.
 There is no law against the
 use of militant terms"
 Judge Bourquni's comments are worth preserving Here are some quotations from the report of his ad- dress as received in this city:
 Pai1rnadS Violate nArreaS
 "The plaintiffs charge that defend- ants in their refusal to abide by the Railroad Labor Boards wage scale are striking against the United States It is only fair to say that defendants counter with the assertion that the associated railroads in their analogous refusals in respect to some of the boards orders are likewise on strike. Of the boards functions and ord CTS 1t sufhces to say that they are ad- visory only. Perhaps the strike may be characterized as mutual in that relations were severed between the parties because plaintiffs refuse to sell opportunities for labor to de- fendants save on their terms, and de- fendants refuse to sell their labor to plaintiffs save on their terms.
 "It must be remembered that the strike Is lawful, and both parties thereto, if so foolish as to persist in disagreement, are to have the fullest freedom within the law, each to pro- mote it's or their success over the other; that is, plaintiffs to secure em- ployes if they lawfully can; defend ants to prevent if they lawfully can.
 Will Protect Workers Rights.
 "They are equally entitled to re- ceive from this court protection against intimidation, and any other order of restraint, even as any like order in any suit, imposes correlative restraint upon the other. The courts office Is protection and not a shelter for aggression. The courts order is to restrain defendants from exceeding the bounds of the Clayton act, but not to intimidate them from enjoying all within those bounds. In the exer- else of the rights the Clayton act as- sures the defendants they may go to the vetry line between the lawful ana the unlawful, carefully avoiding cross ing into forbidden property.
 Flair and vigorous argument to those who will listen is legitimate No reason appears why workmen may not model after congressional oratory (some expurgated), or after what is fairly inferrable in the consultation room of the United States Supreme Court on occasion, say, of some de cision by the odd justice. Human nature is everywhere alike, and every man IS or ought to be earnest, enthu- siastic in his own if good cause.
 "ln respect to pickets, defendants will be allowed two at any point of o1o yhar men usually or may be expected to enter. If the entrants are numerous perhaps more may be necessary.
 Furthermore, it has happened that pickets need the support of numbers If only for corroboration. Force and violence are strangers to neither par ty to strikes, and either party may give a Herrin for a Ludlow. The parteis forget that aggression incites retaliation, and violence breeds vio fence. Then, too, the pickets of one are generally confronted if not over. awed by the guards privately armed and by police, sheriffs, and marshal: who too often forget and mistakenly assume they are partisans of one par ty or the other.
 "Nor is it believed the act bans the mere name. Labels go for nothing and still does rose by any other name smell as sweet. So called mili tant terms are invoked by the church and all noble enterprise, not to arouse belligerency but to inspire necessary enthusiasm. Why deny to workm6r equality in their use? Strikes anc agents to observe or watch being law full and beyond the power of courts to forbid, in recognizing the fact, is is hardly seemly to censor mere names"
 DEFIES INJUNCTION.