Clipped From The Cincinnati Enquirer

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" the last activities ov direction begin REMOVAL Of Hamilton Officials Who Failed To Suppress Labor Troubles Recommended. Law Should Be Enacted if State Lacks Remedy T Punish Derelict ExwitivM, Jsdge Sater Siys, Granting Injur tlsi ii Niles Tl W'erks Case, In an opinion handed down In United States District Court yesterday by United States District Judge Sater, the NUee- Bement-Pond Company, New Tork. owner of a majority of the stock of the Nllea Tool Works Company. Hamilton, Ohio, la granted a temporary Injunction directed against officers and members of Iron Holders' Union Locals No. 68 and No. 2X1. enjoining them from Illegal In terference with the plant or work of the Nile Tool Works Company and mold-era employed by It to take the place of striking unionists. In his opinion Judge Rater criticise the conduct of city and county authorities In connection with disturbances growing out of the strike of moldera In Hamlton. and sugiiesta, If there ta no law In Ohio providing for tbe ousting of officials for failure to perform duties Imposed upon them by statute, such laws should be en acted. II criticised also officials of the unions snd ths Strike Committee for failure to prevent demonstrations against the employees and property of the Nile Too a Works. Bights Are Defined. i Outlining the rights of the respective parties. Court aaya In part: "Labor has the right to strike. The strike sometimes is the only weapon laborers may wield to obtain their Just deserts. The molders were at liberty to contend for the employment of union labor only at the tool company's plant, but the company has the right to run an open shop, without discrimination both union snd nonunion labor. The union men were not required to work for the company, but they had no right to say no on els should take their places. "Th right to form and Join a union e-Ista. Th right to prevent another man from working. If ha does not belong to the union, does not exist. "This still Is a free country. In the eyes of th law th rights 'of a union man are no higher or sacred than those of the nonunion man. The rule of equality prevails. Whenever labor or capital resorts to discrimination, oppressive conduct or words or deeds of violence it discredits Itself and weakens itself and Invites th accompanying defeat which usually follows.'' After reviewing the alleged acts of violence on the part of strikers and sympathisers and testimony given at the hearing of this case, touching upon the part taken by the city and county officials. Judge Sater wrote: "A mob or an unlawful assemblage la a cowardly thing. If, In its formulatlve period or even in its somewhat ad vaneed stage. It be fearlessly taken in hand by courageous ministerial officers who hava'r'egard for their own effi ciency and respect for the sanctity of their oaths of office. It slmoat always quickly melts away. Officials Assums Responsibility, Sheriffs and Mayors and their sub ordlnatea are selected for and accept their positions to direct and do prompt ly Just that kind of work, when oc casion requires. There may be bare and there a lawless, obstreperous per son who will resist officers who thus perform their sworn duty, but these officers are authorised to meet resist ance with fore and with as much force aa Is necessary to aubdue him and pre serve the peace. 'vhr the officers of- tha law are desellct of duty, aa they were touchln the matters here under consideration, many ordinarily well-disposed but sympathetic persons may follow vicious and evil-disposed leadera Into subvert ing the law, endangering not merely the property but the liberty, limbs snd life of others and rendering th preaer vatlon of order difficult and dangerous There are rare occasions when the angry paaalons of a community are so aroused by some heinous crime that quickly gathered assemblage will add another to that already committed be fore the peace officers csn assemble or prevent. "We have no such situation before ua. The conditions In Hamilton were well known and demanded vlllganc and prompt action on the part of the guard ians of the law to avoid dlsturbancea. Had they met the situation fearlessly and at the threshold, wrongdoing could have been prevented . and thla case would not be here. Reflects on Peace Officers. "It Is always a crave reflection on peace officers when, on account of their dereliction of duty, cltlsena of their community are forced to appeal to the Court to maintain the supremacy of the law and to give the protection such officers are bound by oath to afford. The ministerial arm can act more quickly and Is no less powerful than that of th Courts, and should b pru dently. Impartially and, Ifneed be, vlg ormisly employed. "If the Ohio statutes do not siiffl. clently provide for the speedy and sure removal of such derelicts from office amendments ought quickly to be made that such may be done." "Its effect." Judge Sater concludes, "wi! be to restrain them from doing what any good rlttsen will not wtsn to do, The evl drnce of the active participation of man members of Local ta la abundant There also la evidence that members of that union were Instructed to keep within legs! bounds, but neither Its oncers or Its Ptrtke Committee enforced the Instructions Indeed, Scheie., a member of that committee, participated In violent con- duet "gome of the members of Local 2SB also actively shared In matters of which com plaint la made. There Is no showing tha any officer or member of that body by word or deed discoiinured the wrongful conduct herein mentioned. Th enVi t f the plaintiff to bring about a full dis- closure of the unhappy occurrences con nected with the strike received no assls ance from that union, which defended at the hearing. If It deprecated the disorders that prevailed or disapproved of wrongdoing on the part of Ita members aa It ought to have done. It should hsv cleared Its skirts when th opportunity onered. "Let the temporary Injunction go." to

Clipped from
  1. The Cincinnati Enquirer,
  2. 10 Oct 1917, Wed,
  3. Page 8

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