Evening star., 1937-03-15
By the Associated Press.

DETROIT, March 15.-The text OF
Circuit Judge Allan Campbells de-
cision granting an anti-strike injunc-
ton to the Chrysler Corp. follows:
THE Chrysler Corp. files its bill
of complaint against the international
union, United Automobile Workers Of
America, and upwards of 100 named
individuals, seeking relief from a sit
down strike.
THE bill charges that the defend
ants have conspired to deprive the
corporation of its property, and have
taken possession of all its manufac-
turing plants, with upward of $780,
100000; that they have excluded its
officers and agents from the property
as well as large number of employees
who are ready and anxious to work.
If permitted to do so.
The bill further alleges that the
plaintiff had been notified that the
defendant union and its officers had
caused the strike on the issue alone
of whether the plaintiff would rec
ognise the union as the sole bargain
ing agency in plaintiffs dealings with
all of its employees. and in regulating
any matter involving wages, hours
and working conditions Of ali of its
employees
Properties Held Damaged.
The bill further charges that this
sit-down strike has caused and is now
causing irreparable damage both to
the plaintiff and to many others and
that the properties are being damaged
by the unlawful possession. The
plaintiff prays for injunctive relief
against such acts of the defendants.
Upon the filing Of the BILL an order
to show cause, returnable March 13,
1887, was issued by this court. In re-
sponse to this order, Maurice Sugar,
esquire, appeared as attorney for such
of the defendants rs had been served
and presented to the court an affidavit
of Richard T. Franhensteen, present.
ing the claimed facts on which the
defendants based their argument to
the court that the injunctive relief
should not be granted. The showing
of the defendants by this affidavit was
that the Chrysler Corp. had violated
the terms of the national labor rela-
tions act as follows:
"A-By employing spies who joined
labor organizations and reported back
to the corporation;
BY organizing company unions;
"C-By discharging men for union
activities, and
"D-By refusal to consent to grant
defendants organization exclusive bar
gaining rights.
For these reasons the defendants
urge that the plaintiff does not come
into court with clean hands.
Labor Act "Disregarded."
1T seems to the court that these
contentious may be disposed Of with
out passing upon the constitutionality
of the Federal labor act If it is
valid, it can hardly be contended that
failure to abide by it's terms gives
the defendants the right to seize and
appropriate S50,000,0 900 worth of prop.
| erty of the plaintiff and to prevent
! by threats of violence any use of the
property by the plaintiff or its agents
1t was stated upon the argument that
! the sole difference between the parties
| consisted of the issue of the right
| OF exclusive representation. If that
is so, these other grievances would
seem to have been adjusted. I there
fore find that the Chrysler Corp has
not by it's conduct deprived itself OF
the right to be protected and it stands
before the court with clean hands.
The second argument urged upon
the court is that preliminary injunc-
ton may not issue where the right to
possession Of land is involved, and
where the preliminary relief would, in
effect, be all the relief the plaintiff
could get on hearing on the merits.
(Then followed eight legal citations.) }
Il have examined each of these cita-
tions with care. and believe they are
all distinguishable from the case at
bar in that all the defendants were
in possession, under claim Of right,
and in none of them was shown such
irreparable damage as here appears on
the face of the bill.
Admit Seizure of Property.
In no case that I have found does
the defendant stand before the court
as the defendants do here, freely ad-
mitting the seizure of another's prop
erty by force and threats of violence.
THE Supreme Court of Michigan
has spoken SO clearly and repeatedly
on the duty OF the trial Judge t1
grant injunctive relief against picket.