Evening star., 1945-12-25
Right Of Picketing
Conceded to Labor
Writer Discusses Federal Courts
Attitude in Strikes
By Berfram Benedict

By Berfram Benedict
AS the General Motors strike threat
ems to extend into the new year, the
company has obtained injunctions, and
is seeking others, against Illegal pick
citing.
Two facts about picketing are now
established: "a Peaceful picketing is
legal practically without regard to the
kind of labor dispute involved; ca vio-
lence in picketing is illegal. In New
York City on last December 10 Justice
Ferdinand Pecora ruled, in an applica-
tion for injunction, that certain hos
pital maintenance employees had no
right to strike, but at the same time
had the right to picket.
Prior to the enactment Of the Norris
La Guardia anti-injunction act of 1892.
various courts at various times had tried
to set various regulations on picketing
to make it seem peaceful. Only so many
pickets might gather around the en-
frances to plant, members Of picket
line must keep SO many feet apart, plac-
ards carried might say this but might
not say that etc.
But the Norris-La Guardia act legal
lied, as far as Federal Jurisdiction was
concerned, almost any and every kind
OF peaceful picketing. The act forbids
Federal courts to restrain or enjoin the
publicizing of a labor dispute, or the
facts involved in it, by advertising,
speaking, patrolling or by any other
method not involving fraud or vio-
lence." Also guaranteed is the right of
assembling peaceably to act or to or
ganize to act in promotion of a
labor dispute
Few Injunctions Sought.
Furthermore, the applicant for an in
| junction in Federal court must show
by testimony that an injunction Is
needed to preserve his property from
irreparable injury and also that the
local public officials cannot or will not
act to protect his rights In view of
these restrictions, few applications for
injunctions against picketing are now
filed in Federal courts Those filed In
State or local courts naturally come
under State and local statutes.
Since 1882 number of States have
passed laws patterned on the Norris
La Guardia Act Other States have at
tempted to forbid or restrict peaceful
picketing, but are governed by the
United States Supreme Court decision
Of April %, 1910. in the Thornhill case.
With only Justice McReynolds dissent
ing, the court invalidated an anti-pick-
citing statute of the State of Alabama:
"Publicizing the facts of a labor dis
pute in a peaceful way through appro-
pirate means-whether by pamphlet, by
word of mouth, or by banner-must now
be regarded as within that liberty of
communication which is secured to every
person by the 14th amendment against
abridgement by State"
Asks What 'VioIence" Is.
So it comes down to when picketing
is peaceful and when it is isn't. OBJ
viously. slugging anybody who tries to
cross the picket line of overturning an
| automobile, or the "bum's rush." these
aren't peaceful. But how about threats
| in person or by mail or over the phone?
What about little jostling? Suppose
the pickets march hand in hand to form
solid line?
Prevention Of violence is a matter for
local law enforcement officials, but these
frequently are loath to seem to take
sides in labor dispute. Once an in
junction has been granted, however, the
local officials can act to break up vio-
lence in picketing under their obliga-
tion to enforce a court order. Violation
OF an injunction is punishable as con-
tempt of court.
1t is to be noted that the Supreme
Court, in the Meadowmoor case milk
drivers in Chicago on February 10, ls4l
upheld an injunction issued by State
court under State law forbidding non
| peaceful picketing. With Justices Black,
| Douglas and Reed dissenting, the court
pointed out that sporadic cases of vio-
| lence had occurred, so that more might
be expected: and to prevent future acts
| Of violence was valid exercise of the
| police power.
| distributed By Editorial Research Reports /,
4