Show THE RIGHT TO SEEK WORK the iron age of december 25 in reviewing the decision handed down by judge john C in the united states district court in cleveland ohio says an important decision making clear that mayors and police of municipalities have no legal authority to take the side of strikers and drive from a city workmen who have come in to take the places of men on strike was handed down hy by judge john C in the united states district court in cleveland december 17 the court action grew out of the steel strike the opinion being given on application for an injunction that was made by the american steel wire company against mayor harry R davis and the chief of police of cleveland during the recent steel strike failure of the executives and police of several ohio cities to afford proper protection to loyal employees of the steel companies who quit work only because of intimidation timi dation and lack of police protection was a disgrace to the state mayor and police officers in some of the cities quite plainly indicated that their sympathies were entirely with the strikers the mayor of canton was removed by the governor after being given a hearing following charges growing out of the way the strike situation was handled in that city in cleveland the situation was particularly exasperating because of the highhanded stand without the authority of law taken by mayor davis who was making a campaign for reelection election re while the strike was in progress and wanted to win the union labor vote he declared in speeches and in newspaper interviews that the steel companies would not be allowed to import employees plo and following his instructions workmen arriving in cleveland to work in the mills were arrested on leaving trains after being locked up several hours and finally either released or driven from the city by the police these men were not thugs and criminals but american citizens of respectable appearance and good character and many were recently discharged soldiers and still wore their uniforms not only did the cleveland police in pursuance of the mayors orders to keep out workmen from other cities meet incoming trains but in some cases boarded trains before they reached the city stops persecution to put a stop to this illegal persecution of law abiding workmen the american steel wire company brought proceedings in the federal court first in the form of a habeas corpus action to secure the release of men illegally detained and a day or two later by a suit to enjoin the mayor and chief of police from interfering here with the importation por tation of workers judge in the federal court aburt promptly decided both cases in favor of the plaintiff and later handed down a lengthy opinion in the injunction junr tion proceeding in which he reviewed the facts of the case as submitted by both sides how men were treated the court found that the imported workmen were arrested without warrant and without reasonable grounds to believe that they had committed felonies and without finding any of them at the time of their arrest violating any federal or state law or municipal ordinance the court said that it made no difference whether the men were american citizens or not the law would be the same if they were aliens lawfully admitted into this country the opinion referred to court decisions holding that police officers cannot lawfully arrest and detain anyone without warrant regularly issued except under certain definite conditions which were defined consequently the arrest of the workmen was illegal and in violation of the plaintiffs rights A paragraph of the court opinion reveals the autocratic methods of the cleveland police in driving workmen from the city referring to the testimony of one witness relating to a specific case of the deportation of men the opinion reads autocratic autocrat tic methods adopted A double line of police officers guarded the means of escape inside the station the men in charge of the policemen were marched through the lines of guards to the departing train one of the group who tried to escape was violently thrown back by the police into the ranks and compelled to go with the others all of the group according to this witness were men of respectable dress and appearance and many of them in uniform of discharged soldiers of the united states army and navy the newspapers of the city next day reported that men who had come to the city to work in the plants of the plaintiff had been stopped by the police and compelled to board trains and leave town this merely conforms to what the newspapers had previously reported and quoted the mayor as declaring would be done with all strike breakers the court held that the effect of the procedure of the cleveland police was to make it exceedingly difficult for the plaintiff to procure men and that the mere proclamation of the mayor and chief of police that imported workmen would be arrested and detained and investigated would inevitably tend to prevent the plaintiff from obtaining employees in this connection the court said company entitled to relief that plaintiff is entitled to relief by injunction in this situation is obvious from a consideration of well settled legal principles it is engaged in a lawful business and has a right tol to conduct that business without unlawful interference either by its striking employees or any other persons it may solicit and procure persons to work in its plant no matter where they reside or whether citizens of the united states or not no one may lawfully interfere with this right of plaintiff and if deprived thereof its property is destroyed this is also equally true of all persons desiring to enter into the employment of plaintiff to deny any such person that right because he does not live in cleveland would be to abridge privileges and immunities belonging to every citizen of the united states and protected by its constitution from a denial or abridgement abridge ment by any state the protection accorded by the constitution of ohio is equally sweeping the power to preserve the public peace and to arrest and prosecute persons for crime cannot be made to support action depriving persons of these con constitutional rights and privileges |