Southwest Washington labor press. [volume] (Hoquiam, Wash.) 19??-19??, 1925-09-25
COURT Holds WORKER
VIOLATED OLD POLICE
LAW. LABOR TO FIGHT

uehCe AoE thS OeIenSe, romeo Judge
Gus A. Schultz Of this city sentenced
Mrs. Dorothy Ferguson to 10 days in
jail or $40 fine for picketing a local
haberdashery and announcing sThis
store is unfair to organized labor"
Mrs. Ferguson was arrested April
9 for picketing and disorderly con-
duct under section Of police regula-
TOMS promulgated by the commission
ers Of the District of Columbia in
1905. This regulation was originally
framed TO prevent cheap clothing deal
ers from molesting passers-by. 1t
reads as follows:
mo person shall remain in front
of any store where goods are sold at
retail for the purpose Of enticing
away or in any manner interfering
with any person OF persons who may
be in front of or who may have en-
tered them for the purpose of buy
ing"
Labor leaders here are much con-
cerned over the decision Of the police
judge, chiefly because the case may
establish precedent. For this rea-
son an appeal is contemplated.
Decision Given To Newspapers
John N. Breen, attorney for the
picket was astonished when he learned
the decision had been given to the
newspapers by the Judge, who had
ordered the defendant and her attor-
|ney to appear in court on the 18th to
receives his verdict. His action in
broadcasting the verdict prematurely
has received censure generally.
"Mrs. Ferguson faced charges Of
both picketing and disorderly con-
Duct" said Breen. "After one prose-
cution witness had been heard en-
tered motion to dismiss.
"Judge Schuldt asked counsel for
both sides to file briefs on the motion.
This was done. No further evidence
was taken. The disorderly charge
was dismissed but nothing was done
about the motion or the picketing
charge.
To Claim Case Not Tried
''In applying for a writ Of error to
carry the case to the District Court
Of Appeals, shall claim that the case
has never been tried; that If my mo-
ton was denied, the defense witness
should have been heard.
II shall also maintain that the Clay
ton act, which specifically legalizes
peaceful persauson' in picketing,
takes precedence over the local regu-
lations. I shall argue that Mrs. Fer
guson was within her rights under
the Clayton act"
Organized labor here viii stand
unitedly behind an. appeal, and the
Central Labor Union at its meeting
Monday night voted to place the case
in the hands Of its executive commit
tee. G. C. Coulter, business agent of
Retail Clerks No. 262, who has been
handling the affair, said he intends
asking support of his international.
It is conceded that labor must win this
fight, as it appears the opening gun
for making Washington a non-unioin
town.
Editorial Urges Labor to Fight
The Daily News, local Scripps-
Howard tabloid, carried column edi-
torial reviewing the decision and de-
clared labor must fight and win re-
versal of the pernicious decision. The
editorial follows:
Organized labor should promptly
appeal to higher courts the conviction
of Dorothy Ferguson on a charge of
having picketed a downtown store.
'No great hardship has been in
flicted on Mrs. Ferguson by the order
Of SO, or spend 10 days in Jail. The
welfare of no great number of peo-
pie is affected by the particular labor
controversy in which Mrs. Ferguson
was involved.
Decision May Set Precedent.
1.-The danger is that the decision in
her case will serve as a precedent in
all subsequent cases, and that it will
be established as a rule in the Dis
trict of Columbia that picketing is
illegal.
Mrs. Ferguson was arrested some
five months ago. The charge was that
she had violated police regulation Of
the District Of Columbia, which said;
No person shall remain in front Of or
enter any store for the purpose of en-
ticing away or in any manner inter-
fering with any person or persons who
may have entered therein for the pur-
pose of buying"
''The regulation was drawn by the
District Commissioners 20 years ago.
"Mrs. Ferguson, testimony devel-
oped, walked to and fro in front of the
store, repeating, This is a non-union
store and unfair to organized labor
"Manifestly, Mrs. Ferguson was
picketing in a manner customarily en-
ployed by organized labor.
Judge Gus A. Schuldt, in his de-
cision, regrets that it is necessary
that the so-called issues of picketing
must be injected although he admits
that the offense was in the nature Of
picketing.'
Says Decision D0dges Issue.
Judge Schuldt's decision lodges the
issue. Mrs. Ferguson clearly did what