The opinion of the court was delivered by: DICKINSON
Leave was given to submit Briefs, which have now been submitted.
Here an economic situation obtrudes itself. Membership in an organization implies the payment of dues. In the aggregate these reach a very large sum. Out of the receipt of a large income springs a value which makes appeal to cupidity and ambition. Thus is produced what every one must recognize to be an evil. Those who have no interest in employer or employee have a strong selfish interest in acting for the latter. We thus have strikes and the threat of strikes as a racket.
The reports of adjudged cases supply us with illustrations. One is that of a recent case. There the managers of a labor organization which did not have a single member among the employees of a plant demanded of the employer that it compel all its employees, on pain of dismissal, to join this organization; to grant to the officers of the organization the exclusive right of bargaining on behalf of the employees and to thereafter employ none but members of that organization. The consequence of a refusal of these demands was that by violence and the threat of violence the business of the employer was stopped by a picket line. The idea of a peaceful picket or peaceable picketing is a myth. The purpose is not to persuade other employees or the public but to stop the business of the employer. Hence the slogan "No true American will cross a picket line". The result is no patrons of the employer will cross the line except in fear and trembling or because he is asserting a right which he believes to be his, of trading with whom he pleases. There is in this situation the imminent risk of violence which too often attends strikes and has in some measure attended this one.
The case of Lauf v. Shinner, 303 U.S. 323, 58 S. Ct. 578, 82 L. Ed. 872, has ruled for us that the Act limits the power of the Court in labor disputes to issue an injunction. This takes us to that Act. No injunction can issue without the finding of certain facts. Act of March 23, 1932, 29 U.S.C.A. §§ 101 to 115.
1. The injunction cannot restrain any of the acts enumerated in Section 104.
2. Section 106 forbids that any labor organization or officer thereof be held responsible for any acts committed unless personally and individually participating therein.
3. Under Section 107, Clause (a), no injunction can issue for acts of violence except against the individuals who committed the acts. Here acts of violence have been committed by individuals. There may be a finding of who the guilty parties were and an injunction issue against them.
4. Under Clause (b) there must be a finding of substantial and irreparable injury to the property of the plaintiff. The Supreme Court has held that the business in which a man is engaged is property. The finding may be made of such injury.
5. Under Clause (c) there must be a finding that greater injury will follow the denial than will follow the granting of relief. The plaintiff will suffer loss by a denial. The only effect upon the defendants of the granting of an injunction is psychological. They will incur no money loss. A finding of this fact may be made.
6. To comply with Clause (d) a finding of no adequate remedy at law may be made.
7. Clause (e) requires a finding that the police are unable to furnish adequate protection to the plaintiff. No just complaint can be made of the conduct of the police. They have afforded the plaintiff all the protection which it is possible to give. No police protection is adequate in a strike or can be fully given. This strike is an illustration. If the expression is an allowable one, it is as orderly a strike as any could be. Notwithstanding this there has been resort to unjustified violence. How much more there would have been or may yet be except for the proceedings instituted to retrain violence cannot be ...