Show COURT RULES I ANTI PICKETING WRITS ILLEGAL Patrolling in Labor abo Disputes Held Punishable Under J Criminal Code Only Only I j Picketing In connection with labor j dispute disputes may be punished und under r j Utah criminal law but cannot be halted halted halt halt- i ed by injunctive proceedings District Dis DL j Judge James W. W McKinney held i iida Friday ida The opinion was handed down as a result of ot a a defense demurrer argued In April in connection with the appeal appeal appeal ap ap- ap- ap peal of Ann Iverson and rid Gladys Sher wood waitresses from a s sentence nten e of 10 and a day 30 suspended jail term Th The penalty was imposed March G 6 by former City Judge Vere L. L McCarthy McCarthy Mc- Mc Carthy after both women had been found guilty of f patrolling g at 36 E East st Second South street a lIcensed cafe for the purpose of persuading others not to patronize the business Referring to the criminal statute which defense counsel argued does not apply to labor disputes Judge McKinney wrote I am unable to agree with the argument argument ar art that section 5 49 has no application ap ap- application to toa a case involving labor or labor disputes That section is a penal statute general in its nature and application It makes unlawful the acts denounced no matter by whom committed Any person committing committing com corn any of ot the acts forbidden b by bythe bythe the section commits a misdemeanor Attempts of counsel to link the criminal law with the equity law were commented on by McKinney McKinney Mc- Mc Kinney as follows No reference is made in chapter 15 referring to the equity law to criminal prosecutions It merely limits the the rights rights of ot a court ourt or a judge sitting In equity to grant restraining orders or r injunctions Indubitably the legislature had the best reasons reason for enacting it Much wrong and injustice injustice injustice in in- justice have resulted from abuse o othe of the injunctive remedy By means o oit of it men inca have been deprived of their most sacred rights without bein being vouchsafed d a hearing |