New-York tribune., 1922-01-12
Strikers Win
Big Victory in
Garment W. ar
Justice Wagner Perma-
nent'y Enjoins Employ.
crs Breaking Contract
orRestoring PicccW ork
industrial Dispute
Precedent Is Set
S3,OOO,000 Damage Suit
Is Planned at Once
Against Manufacturers

- a X "a -
"A judicial opinion without precedent
IN the history Of industrial disputes
termed of far-reaching Importance to
employers and organized labor alike
was handed down Yesterday bv Justice
Robert F. Wagner in the Sunreme
Court, when he ordered made ner-
manent the preliminary injunction OBJ
tanned by tho International Ladies'
Garment Workers Union against the
Cloak, Suit and Skirt Manufacturers,
Protective Association.
IN taking this action Justice Wagner
found that the manufacturers had
broken their contract with the union
and thus precipitated the strike; that
their action in so doing constituted a
conspiracy, and, what is perhaps OF
even more general Importance, that a
labor union is as fully entitled to
relief in equity in an industrial dis
pute as is an employer.
Forbids Return to Piece Work
The order restrains the association
or its members from Combining and
conspirng in any way" to cease per
FORMING or to violate their agreements
with the union, to re-establish piece
work instead of the agreement bound
system of week work in their shops,
to lengthen working hours beyond the
forty hour week specified in the
agreements, or to take punitive action
AGAINST aScOr;ufiop 70
acting indepe pendently with the union
for resuming work under the old
agreement terms.
Shortly after Justice Wagner handed
down his decision. Max D. Steuer, of
counsel for the manufacturers, an
nounccd that he had filed an appeal
in the Appellate Division, asking that
a date for arguments be set as early
as possible. He said that he had not
asked for a stay of operation Of the
injunction.
The first immediate effect of impor-
tance of the decision was an announce
ment by Benjamin Schlesinger, presi-
dent of the union, that the union will
at once instruct counsel to institute
proceedings to recover from the pro-
tective association and it's mem bers
the full amount Of damages sustained
by the workers on account Of the strike,
which has been forced upon them" II
was estimated that the amount to be
asked in these proceedings will be be-
tween 1000 900 and 5000 900.
Justice Wagner's Ruling
Justice Wagner's opinion. leading to
the actual enjoining clauses, was in
part as follows
"Out Of the mass Of affidavts sub
mitted by both sides. with denials and
some conflict Of facts. there survives
clearly a preponderance Of evidence in
favor Of plaintiff, establishing its right
to tho extra ordinary relief sought.
"While this application is novel it is
novel only in the respect that for the
first time an employees organizat ton is
seeking to restrain their employers or
ganization from violating contractual
obligation.
at is elementary, and yet ometimes
requires emphasis, that the door Of a
court of equity is open to employer and
employee alike. 1t is no respecter of
rights of all. Heretofore the employer
court of equity against threatened IT.
But mutualty of obligation compcls a
mutually Of remedy. The fact that
the employees have entered equity's
threshold by hitherto untraveled path
does not lessen their rights to the laws
decree.
Based on Social Justice
"Precedent is not our only guide in
deciding these disputes. for many are
worn out by time and made useless by
the more enlightened and humane con-
ception of social justice. That progress
sive sentiment of advanced civilization
which has compelled legislative action
to correct and improve conditions
which a proper regard for humanity
would no longer tolerate cannot be ig-
nored bv the courts. Our decisions
should he in harmony with that modern
conception and not in defiance Of it.
Some nisi prius adiudica ations rendered
in these disputes, disputes in which the
public is as much interested as the con-
tending parties. have in my judgment
reflected somewhat imperfect under
standing Of the trials and hardships
experienced by the workers in their
Just struggle for better living condi-
tions."
Commenting on the decision, Mr.
Schlesinger said:
"In my opinion, the decision will
hasten the surrender of the employers
and the resumption of operations under
the terms Of our agreement. 1t will be
hailed as important by organized labor
throughout the whole length and
breadth of the country and will set a
valuable precedent for all similar
cases"
Both Samuel Untermyer and Morris
Hillquit, counsel for the union, regard
ed the decision as "an important moral
victory for organized labor a whole .
They disagreed. however, RS to the use
of injunctions at all in industrial dis
putes.
Hillquit Opposes Its Use
"Much as 7 am grathed by the vic
tory" said Mr.. Ilillquit. whose views
are supported by the opinions Of some
leaders in the labor movement, II have
by no means been converted to the
opinion that court njunctions are the
proper method OF adjusting industrial
(Ceutinued On sage thIrteen)