The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-02-19
BILL TO CLEAR
STRIKE ISSUE
Bill introduced to Clarity
Court Ruling on End
ing of Strike.
WANTED BY LABOR

Madison, Wis. - The ruling Of the
Wisconsin supreme court that strike
ends when normal production is re-
sumed in the plant affected will lead
to an attempt to have the legislature
clarity the statutes involved. This il
the expectation of legislators sympat.
hetic to labor interests.
The courts decision, according to
Justice Charles H. c.. Crownhart, who
filed dissenting opinion Saturday
practically nullifies the intent of the
legislature in passing bill to re.
quire plants where strikes are in
progress to state that fact in adver-
Using for workers. The court revers'
ed the decision of Municipal Judge A
C. Backus, Milwaukee, holding the
West Allis Foundry company guilty
of violating that provision. A strike
ends after the plant affected has re.
sumed normal production with nor
NAL force of employees, the majority
opinion held.
In his dissenting opinion, Justice
Crownhart pointed out that the statute
is intended to prevent hardship to
workmen who come long distance in
search of employment only to find :
strike on at the plant. Men had come
from Milwaukee, Stevens Point, Mani
towoc, Oshkosh and Chicago in res
ponse to the West Allis company's ad.
vertisement, the justice said, but re-
turned home when they found the shop
still picketed.
Had Deceived Workers.
"They had been deceived, and large
/ y because of the very statute under
consideration as now construed" jus
tice Crownhart said. "They supposed
that if strike existed, the fact woulc
have been stated in the 'ad' as pre-.
scribed in the statute. These were
tragedies to poor men seeking employ.
ment, which the legislature sought tc
prevent, and such as only poor work
men thus imposed upon can fully ap-
preciate. This court now holds, by
highly technical construction thai
will be little understood by men Of
ordinary intelligence, that the statute
does not apply; that in order for work.
men to know whether a strike doe;
actually exist at any such place, they
first must 60 there and find out fol
themselves. All of which shows that
the statute does not mean what it was
intended to mean, and that it does
not prevent the abuses it was intend
ed to prevent"
Workers themselves originated the
word strike" and have defined the
term by their actions, by custom anc
practice, the justice said, adding that
courts should "draw their definition
Of strikes from the actual custom and
practice of laboring men engaged ii
strikes"
Normal production, as it may be
increased or reduced by things entire.
Ely disconnected with the STRIKE" has
little to do with determining when 6
strike is on, the justice continued. II
the output is guide, he said, the
West Allis plants largely decreased
output for the month altar the appear
ance of the advertisement would indi-
cafe that the strike pressure was ef-
fcctive. The existence of strike, the
justice concluded, must be determined
by the fact that the strikers are still
out, by the presence of pickets, the
payment of strike benefits and con-
tinuance of the pressure which bur-
dens the employer financially or men
tally and physically impresses him.