110 F. 698 | U.S. Circuit Court for the District of Northern Ohio | 1901
(orally). It will be unnecessary, at this time, to go over all of thé recitals and allegations of the bill. It contains charges that the defendants, Local Union No. 218 of the Iron Molders’ Union of North America, and certain individuals named as defendants, who are said’ to be members of that union, and others whose names are not known, have attempted by various means, including the establishment- and maintenance of “pickets,” to interfere with the operation of the complainant’s mill, and with its employment of men disapproved by the defendants, and it is also alleged that violence and riotous acts have accompanied these attempts. The answer denies that any violence has been committed by the defendants, and sets up as a defense, at considerable length, a history of what is called the “old strike,” which commenced in July, 1900, and alleges that some agreement of settlement of that strike was made, and that such agreement of settlement was broken by the complainant, and that a new strike was instituted about April- 1st of this year. Affidavits are filed by the com
Now, what are the means, in analogy to contempt proceedings, by which this self-constituted court has attempted to enforce its injunction? The one admitted thing is the establishment and maintenance of a system of picketing. Whether this picketing has been accompanied with violence or not we need not consider. It certainly was one of the means used by this defendant organization to enforce its mandate. While picketing may not be an occasion of war, it certainly is an evidence that' war exists, and the term is appropriately borrowed from the nomenclature of actual warfare. This system, constantly kept up, in its nature leads to disturbance, and has a tendency to. intimidate. That it is used by the defendants as a means of enforcing their unauthorized mandate, and that it accompanies the utterance of it, is an admission by the defendants that it will prove effective in enforcing such mandate. It is therefore a violation of the rights of this complainant, and of all nonunion men, or of any and all men who choose to work in disobedience to the orders of this defendant union. Behind all law there is necessarily force. The orders and judgments of courts would otherwise be futile. Behind the order made by this union is the tacit threat of enforcement by appropriate means. One of the actual means used, and admitted, has been the constant and regular attendance of pickets about the plant of the complainant, with short intermission, for a period of a year. It has been said in decided cases a sufficient number of times to dispense with this repetition, and it is known to every one, whether he belongs to a union or not, or who has had under consideration any of these contests between employer and employé, and their effect upon social life, that it lies at the bottom of every idea of just government that each man has a right to use his life and his ability to labor undisturbed by any interference whatsoever, so long as he does not, in the exercise of that right, disturb the right of any other man to do the same thing. There are át the foundation of all labor organizations, as there are at the foundation of religious organizations, and all the innumerable other forms of social organizations, certain ideas peculiar to each; and there is an undoubted right in the members of such organizations to promulgate their theories by reason, logic, argument, and the persuasive influence of those peaceful weapons, to the end tha.t other men may be brought to think as they do. AVhen that persuasion has been accomplished, the men persuaded may evidence such fact by joining the organization whose principles and theories they have come to believe. These unions have a perfect right, whether they are sound in their beliefs or not, to believe as they do; and the members thereof would be the last to admit that any other body of men had a right to com
It is admitted that this system of picketing has existed at the instance of the defendants. It is, in a way, admitted that picketing is a means of enforcing the edicts of the defendant union, because it has been used in connection therewith. It goes without saying that this means would not have been used unless it were thought to be effective in some way. The only way in which it could be effective would be to produce in the minds of the nonunion men who have been employed against the wishes and orders of the union a feeling of fear that the menacing eye of this numerous organized body of men composing the union was upon them for some purpose not friendly; that watch was being kept to learn not only who came out, but when they might come out; that such espionage meant that the pickets were present for the purpose of waiting until some one should come out. The absence of violence may be explained by the fact that the nonunion molders did not come out of these works except at rare intervals, and then usually in considerable numbers. In this case there is proof of injury and interruption to the business of the complainant by the acts of the defendants, and it is not a departure from the line of decided cases to grant the injunction prayed for. No harm can result to the defendants by the granting of the injunction, except that they will be deprived of what they apparently conceive to be their right to enforce the unauthorized injunction which they themselves have issued. It has been said in an eloquent and learned decision that it cannot too soon be learned, and learned thoroughly, that, under this government at least, freedom
I am asked by counsel for the defendants just what is meant by “picketing.” I think these defendants know what “picketing” means, as they have inaugurated it. It is the establishment and maintenance of an organized espionage upon the works, and upon those going to and from them.