Evening star., 1937-01-31
BY JOHN H. CLINE.

L leaders, is heading for a test
In the Michigan courts this week.
Although the technique of the sit
down strike is relatively new, the
legal principle involved is as old as
the law itself. In the simplest anal
ysiS, 1t comes down to question Of
whether the "stay-in" strikers are
trespessing on another's property
in this case the plants of General
Motors Corp. II they are held to be
trespaSsers, the corporation, under
established rules Of law, is entitled
to an Injunction forbidding the strik-
ers to remain in the plants.
After days Of hesitation, General
Motors forced a legal showdown by
applying to the Circuit Court at Flint.
Mich, Friday for an injunction
against the sit-down strikers in two
Fisher body plants they have held
since December 80. The court an
nounced 1t would hear arguments on
the application tomorrow.
Apparently planned as q move to
strengthen its case, the petition OF
General Motors identified the stay
ins" as former" employees, although
there had been no public announce
ment of their dismissal. This move
should be Of strategic Importance If
the court holds the strikers to have
been legitimately discharged, since the
essence Of a trespass is the occupation
Of another's property without right. As.
employees, the strikers may have had
color Of right to remain in the plant,
but as discharged employees they have
no such privilege. This leaves them
clearly in the position Of trespassers
in violation Of law.
Enforcement in Doubt.
How the corporation will enforce its
injunction, II it is granted, remains to
be seen. Under ordinary circum-
stances copy would be served on the
strikers by deputy sheriffs who would
compel them to leave the plants.
Several days ago corporation Off
cials secured "John Doe" warrants
against the strikers. The warrants.
presumably based on the seizure Of
company guards by strikers, charged
kidnapping, vicious destruction of
property, felonious assault and crimi-
nal syndicalism. Although directed
against the strikers in the Fisher
plants, they have never been served.
Gov. Frank Murphy of Michigan
asked the sheriff to hold up service
Of the warrants and there have been
indications that General Motors de-
cided not to press them. fearing blood
shed and an unfavorable public re-
action. But II the injunction is is
sued and the strikers decide to stand
their ground, the corporation still will
be faced with q similar situation and
will have to run the risk of violence
II 1t succeeds in persuading the law
enforcement agencies to evict its
former employees.
In developing the technique Of the
sit-down strike labor for the first time
Is definitely taking the offensive in its
long and bitter fight with the indus
trialists. Instead of walkouts, picket
ing and boycotts, the workmen are
now physically taking possession of
plants and holding them until the
employer meets their demands. 1t
Is a highly effective weapon, and one
which the so-called economic royal
lists" are certain to resist to the end.
Used in U. S. in 1910.
The sit-down strike first came into
prominence through its widespread use
in France last year, but as q matter
of fact the same tactics were being
used in isolated instances in this coun-
try as early as 1910. In that year
needleworkers in New York City
called such strike.
After the success Of the strike In
France, organized labor began exper-
imenting with it here, particularly In
the Ohio rubber towns"
Perhaps the most significant feature
Of the sit-down strike is that it en-
ables comparative handful Of work.
ers to tie up whole industry and keep
out Of work majority of the employees,
regardless of whether the latter are
in sympathy with the strikers.
Industrialists are we'll aware that
strikes by members of craft unions are
usually local in scope, while those
called by the industrial unions are
likely to have Nationwide effects, not
only upon the industry directly con-
cerned but upon related industries
which supply its raw materials or are
dependent on its finished products.
This fact has been well demonstrated
In the General Motors tie-up.
Modern mass production industries
are highly integrated and stoppage of
work at even single point may
quickly bring operations throughout
the industry to a halt. This Is what
makes the sit-down strike such a pow-
erful weapon, and one particularly
useful to new or weak organizations
seeking to strengthen their position.
Fear Rash Use of Power.
In the past labor has suffered many
grievous injustices at the hands of the
industrialists and there is real danger
that, If the workmen should be given
the right to engage In sit-down strikes,
they may carry their new power to
extremes. Since rash use of that pow-
er might cause serious disruption Of
the industrial life Of the country, with
widespread losses to the general public
as well IS to the interests and indi-
dduals directly involved, 1t seems rea-
sonable to suppose that efforts should
b made to surround its possession
with . corresponding measure of re-
sponsibility.
The illegality Of q sit-down strike Is
by no means q conceded fact. In q
recent statement accusing General
Motors Of failing In its public duty"
Secretary Of Labor Perkins said the
legality Of the sit-down strike had
not been determined, pointing out
that at one time picketing was illegal
and before that strikes Of any kind
were illegal.
The controversy over the right Of
working men to band together for
common purpose goes back more than
200 years.
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