The Evening Statesman

Federal Judge Enjoins Strikers at Seattle

SEATTLE, Aug. 7.—Declaring with emphasis, that every man has a constitutional right to work without interference; that action of a union in declaring a man or business to be "unfair" constitutes in itself a proof of conspiracy in restraint of trade, and that the unrestrained course of unionism in England has placed 200,000 persons in the almshouse, Judge C. H. Hanford, of the federal court, yesterday issued a temporary injunction against the longshoremen's unions restraining them from interfering in any way with the loading of the vessels operated from this port or with the business of the local steamship companies.

The order affects not only the local union. but the Puget Sound council and the men of the Pacific Coast organization as well. The ruling of the court was heard by representatives of the Shipowners' association and the longshoremen's union on opposite sides of the room.

When the case was called at 10 o'clock. W H. Gorham, attorney for the steamship companies, read the application for a temporary injunction and then submitted affidavits from members of the executive committee of the association and from strike-breakers who had been assaulted, claiming that the union men had in every possible way interfered with the employment of strike-breakers, the loading of the ships and through delays had caused losses to the companies and great inconvenience and damage to firms in other ports, especially in Alaska.

The affidavits also told how Mayor John F Miller and Chief of Police Irving Ward had been appealed to and had refused to take any special steps to afford protection to the strike-breakers or the property of the association, in spite of the fact that at the time assaults were taking place day and night on the water front.

C. A. Riddle. who represented the strikers. followed with affidavits from Mayor Miller. Chief Ward and many of the union officials and men denying that there had been need of special protection along the waterfront. Chief Ward said that the front was even more quiet at present than usual and that fewer arrests were made there than in ordinary times heretofore. Officials of the union said that they had frequently ordered the men not to use any such measures as were charged in the affidavits of the owners and that none of the union men had taken such means in the fight.

Judge Hanford, in granting the injunction, said in part:

"As to the jurisdiction of this court, the fourth section of the Sherman anti-trust act in general terms without restrictions. invests in the circuit courts the power to grant injunctions to restrain all combinations in restraint of interstate commerce.

"This court has decided that private suitors who have no adequate remedy at law are entitled to invoke that jurisdiction."

Here the court referred to the suit brought by the Pacific Coast Lumber Manufacturers' association against the transcontinental roads.

Continuing. Judge Hanford said:

"As to the merits of the case, the affidavits show that actual violence in a number of instances has been committed. Who committed these acts is a question which is answered naturally by the showing that the labor unions threatened them. and therefore should be held responsible for having committed them or instigated them.

"The facts are to be judged by what we all know in respect to the usual course when a strike is ordered by a labor union. They do not only require their members to cease work, but they require work, not only in this country but in England where labor unionism as it exists here originated. Their despotism has been carried to the extent of paralyzing the industries of the empire and impoverishing the working classes.

"At the present time there are 200,000 persons in the almshouses of London. The system is incompatible with the declaration of independence and the laws of the United States of America. Here every man who wants to work is entitled to do so, and to come and go from his employment without molestation and the United States of America exists for the purpose of securing him in this right.

"All the officers of the government including the judges of the United States courts are by their official oaths pledged to guarantee liberty in this form.

"The specific acts of the defendants alleged in the affidavits are not controverted except by general statements which do not amount to specific denials.

"It is a fact that the local authorities have failed to protect the men who want to work on the city water front and there is cause for the injunction asked for. Therefore the injunction will be granted as prayed for."