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the intervention of the court. Other facts to be shown are the irresponsibility, from a financial standpoint, of the parties against whom the injunction is sought; their numbers, making suits at law numerous and burdensome; and the preponderance of the threatened loss of the complainant over the inconvenience to the respondents which would follow the issue of the writ; though not all of these would be required in a single instance. (My Maryland Lodge, No. 186, Int. Ass'n of Machinists v. Adt, 59 Atl. 721; Sherry v. Perkins, 147 Mass. 212, 17 N. E. 307; Coeur d'Alene Consol. and Min. Co. v. Miners' Union, 51 Fed. 260; In re Debs, 158 U. S. 564, 15 Sup. Ct. 900; Dudley v. Hurst, 67 Md. 44, 8 Atl. 901; Brace Bros. v. Evans, supra, etc.)

The only force of an injunction is to maintain present conditions, and it has no power to procure the restoration of conditions alread changed. Hence no injunction will issue relating exclusively to acts already committed. Neither will they issue to restrain the commission of criminal acts, unless such acts involve injuries to property or property rights for which the law does not afford redress. Where such injuries are threatened, however, an injunction will issue, even though the prohibited acts would be punishable as criminal. (Sherry v. Perkins, supra.)

In its use in labor disputes the injunction is in general restrictive or prohibitory rather than mandatory. Thus while a railroad company may be ordered by a mandatory injunction to afford equal facilities for ail freight offered it, its employees can not, by a similar injunction, be compelled to remain in its service. (Toledo, A. A. & N. M. Ry. Co. v. Pennsylvania Co., 54 Fed. 730.) Though if a workman remains with a railroad under the circumstances indicated, he will be liable for contempt if he refuses personally, after notice had, to carry out the provisions of the injunction. (In re Lennon, 166 U. S. 548, 17 Sup. Ct. 658.)

Where there is no adequate proof of intimidation or impending danger no writ will be granted, nor will mere persuasion and the offer of transportation from the locality where the strike is in progress, or the payment of strike benefits to those who will abandon their employment and join the union, call for the issue of an injunction, provided no coercion or intimidation is attempted. (Johnston Harvester Co. v. Meinhardt, 60 How. Pr. 168; Everett Waddy Co. v. Richmond Typ. Union No. 90, 53 S. E. 273; Rogers v. Evarts, 17 N. Y. Supp. 264.) Actual violence is not necessary, however, to ground a successful complaint. The numbers of the striking employees, their positions, attitudes, looks, ridicule, threats, etc., may produce intimidation and coercion, against which an injunction will issue. (Barr v. Essex Trades Council, supra; Jordahl v. Hayda, 82 Pac. 1079.)

or otherwise objectionable treatment, both at home and in public places, are among the rights of every citizen; and an employer's interest in such rights for his employees is sufficient to support a complaint from him and the securing of an injunction on a proper showing of facts. (American Steel and Wire Co. v. Wire Drawers', etc., Union, 90 Fed. 608; In re Debs, supra; Jersey City Printing Co. v. Cassidy, 53 Atl. 230.) In general it may be said that what acts will warrant the interference of a court of equity will be determined by the attendant circumstances of each case rather than by any general rule; and in deciding the matter, the courts will consider the spirit and intent, and not merely the form and letter of the act or word. (Coeur d'Alene, etc., Co. v. Miners' Union, supra.)

Labor organizations may be named as parties to proceedings for an injunction, whether incorporated or not. (Loewe v. California St. Fed. of Labor, 139 Fed. 71; Purvis v. Local, No. 500, United Brotherhood of Carpenters and Joiners, supra; American Steel and Wire Co. v. Wire Drawers', etc., Union, supra.) They may also be assessed for damages resulting from acts of members done under the directions or by the approval and consent of the union (Purvis v. Local, etc., supra; Parker v. Bricklayers' Union, 21 O. L. B. 223; Patch Mfg. Co. v. Protection Lodge, No. 215, Int. Ass'n of Machinists, 60 Atl. 74), and may be fined for contempt of court, where injunctions prohibiting certain acts have been violated. (Chicago Typ. v. Franklin Union, No. 4, 36 Legal News 18; Franklin Union No. 4 v. People, 77 N. E. 176.) A late case holds, however, that, in the absence of statute, neither fines nor damages can be assessed against an unincorporated labor organization, though it may be properly named in an injunction. (Allis-Chalmers Co. v. Iron Molders' Union No. 125, supra.)

As to the binding effect of an injunction upon individual strikers and their liability both for damages and in contempt proceedings there is no dispute. Nor is it necessary to name as respondents all persons who may be subsequently held to be in contempt for a violation of the provisions of a decree, since all persons who have notice of its being issued and of its contents will be held to be bound by it. (In re Lennon, supra.)

The above is a statement in brief of what may be considered the principal points of the common law applicable to strikes and their related labor difficulties. Not all of these can be looked upon as definitely settled, since diverse rulings are to be found on some of the points discussed, and the courts differ considerably in the application of these rather general principles to individual cases; but this summary is believed to be in accord with the general trend of the

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INDEX.

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A.

Page.
Abandonment of locomotives, etc., laws relating to. (See Laws relating to abandonment of

locomotives, etc.)
Agricultural implements,
lockouts for the United States, by industries, 1881 to 1905 (Table XV).

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV)..

708-711
strikes for the United States, by industries, 1881 to 1905 (Table III)

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II)

42 427
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI).

486, 487
Agriculture-
strikes for the United States, by industries, 1881 to 1905 (Table III).

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

424-427
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)

486, 487
Alabama-
law relating to strikes, blacklisting, boycotts, etc.

921, 922
lockouts for each State, by years and causes, 1901 to 1905 (Table XVIII).

742
lockouts for each State, by years and industries, 1901 to 1905 (Table XIII).

636-039
lockouts for the United States, by States and geographical divisions, 1881 to 1905 (Tuble
XVII)....

738, 739
strikes for each State, by years and causes, 1901 to 1905 (Table IX)

496, 497
strikes for each State, by years and industries, 1901 to 1905 (Table I)

120-123
strikes for the United Staies, by States and geographical divisions, 1881 to 1905 (Table V). 180, 181
strikes for the United States, ordered by labor organizations and not so ordered, by States
and geographical divisions, 1881 to 1905 (Table VIII).

492, 493
Antitrust act, United States

953, 954
Arbitration of labor disputes, laws relating to. (See Laws relating to arbitration of labor dis-

putes.)
Arbitration, settled by, meaning of.

110
Arbitration, settlement by, and by joint agreement, 1901 to 1905. (See Strikes and lockouts

settled by joint agreement and bý arbitration, 1901 to 1905.)
Arizona-

lockouts for the United States, by States and geographical divisions, 1881 to 1905 (Table
XVII)....

738, 739
strikes for each State, by years and causes, 1901 to 1905 (Table IX).

497
strikes for each State, by years and industries, 1901 to 1905 (Table 1).

124-127
strikes for the United States, by States and geographical divisions, 1881 to 1905 (Table V). 489, 181
strikes for the United States, ordered by labor organizations and not so ordered, by States
and geographical divisions, 1881 to 1905 (Table VIII).

492, 493
Arkansas-
law relating to strikes, blacklisting, boycotts, etc

922
lockouts for each State, by years and causes, 1901 to 1905 (Table XVIII).

742
lockouts for each State, by years and industries, 1901 to 1905 (Table XIII)

636-639
lockouts for the United States, by States and geographical divisions, 1881 to 1905 (Table
XVII).

738,739
strikes for each State, by years and causes, 1901 to 1905 (Table IX).

498
strikes for each State, by years and industries, 1901 to 1905 (Table I)

124-131
strikes for the United States, by States and geographical divisions, 1881 to 1905 (Table V). 480, 481
strikes for the United States, ordered by labor organizations and not so ordered, by States
and geographical divisions, 1881 to 1905 (Table VIII)

492, 493
Armed guards, hiring, laws relating to. (See Laws relating to armed guards, hiring.)
Austria, strikes and lockouts in....

786-811
Automobiles and bicycles-
lockouts for the United States, by industries, 1881 to 1905 (Table XV)

732, 733
strikes for the United States, by industries, 1881 to 1905 (Table III)

472, 173
strikes for the United States, by industries and years, 1901 to 1905 (Table II)

421-427
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)

486, 487
Awnings, tents, and sails-
strikes for the United States, by industries, 1881 to 1905 (Table III)

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II)

424 427
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)

186, 487

B.
Bakery-
lockouts for the United States, by industries, 1881 to 1905 (Table XV).

732.733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV).

708-711
strikes for the United States, by industries, 1881 to 1905 (Table III).

172, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

424-427
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)..

486, 487

Paga.
Belgium, strikes and lockouts in...

812-817
Blacklisting, laws relating to. (See Laws relating to blacklisting.)
Blacksmithing and horseshoeing-,
lockouts for the United States, by industries, 1881 to 1905 (Table XV)

732, 733
lockouts for the United States by industries and years, 1901 to 1905 (Table XIV)...... 708-711
strikes for the United States, by industries, 1881 to 1905 (Table III).

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

424-427
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)..

486, 487
Boots and shoes-
lockouts for the United States, by industries, 1881 to 1905 (Table XV),

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV).

708-711
strikes for the United States, by industries, 1881 to 1905 (Table III)..

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

421-27
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)..

486, 487
Boycotting, laws relating to. (See Laws relating to boycotting.)
Brass and brass goods-
lockouts for the United States, by industries, 1881 to 1905 (Table XV),

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV).

708–711
strikes for the United States, by industries, 1881 to 1905 (Table III).

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

424-427
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)..

486, 487
Brewing-
lockouts for the United States, by industries, 1881 to 1905 (Table XV).

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV).

709-711
strikes for the United States, by industries, 1881 to 1905 (Table III),

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II)

428-131
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1900 (Table VI)

486, 487
Brick and tile-
lockouts for the United States, by industries, 1881 to 1905 (Table XV).

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV).

708-711
strikes for the United States, by industries, 1881 to 1905 (Table III).

472, 173
strikes for the United States, by industries and years, 1901 to 1905 (Table II)

428-431
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)..

486, 487
Brooms and brushes-
lockouts for the United States, by industries, 1881 to 1905 (Table XV)

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV).

708-711
strikes for the United States, by industries, 1881 to 1905 ( Table III).

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II)

428-131
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI).

486, 187
Building trades-
lockouts for the United States, by industries, 1881 to 1905 (Table XV).

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV).

708-711
strikes for the United States, by industries, 1881 to 1905 (Table 111).

172, 173
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

428-431
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI).

486, 487

C.
California
law relating to strikes, blacklisting, boycotts, etc

922, 923
lockouts for each State, by years and causes, 1901 to 1905 (Table XVIII)

742, 743
lockouts for each State, by years and industries, 1901 to 1905 (Table XIII).

636-639
lockouts for the United States, by States and geographical divisions, 1881 to 1905 (Table
XVII)...

738, 739
strikes for each State, by years and causes, 1901 to 1905 (Table IX).

498-501
strikes for each State, by years and industries, 1901 to 1905 ( Table I).

128-139
strikes for the United States, by States and geographical divisions, 1881 to 1905 (Table V). 180, 181
strikes for the United States, ordered by labor organizations and not so ordered, by States
and geographical divisions, 1881 to 1905 (Table VIII).

492, 493
Canada, strikes and lockouts in

817-819
Canning and preserving-
strikes for the lnited States, by industries, 1891 to 1905 (Table III)

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

428-131
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)

486, 487
Car building-
lockouts for the United States, by industries, 1881 to 1905 (Table XV)

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV)....... 705-711
strikes for the United States, by industries, 1881 to 1905 (Table III)

472, 173
strikes for the United States, by industries and years, 1901 to 1905 (Table II)

428-431
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI).

486, 487
Carpets-
lockouts for the United States, by industries, 1881 to 1905 (Table XV).

732, 733
strikes for the United States, by industries, 1881 to 1905 (Table III).

472, 473
#trikes for the United States, by industries and years, 1901 to 1905 (Table II)

428-31
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI).....

486, 187
Carriages and wagons-
lockouts for the United States, by industries, 1881 to 1905 (Table XV)..

732, 733
Tockouts for the United States, by industries and years, 1901 to 1905 (Table XIV)...... 712-715

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Carriages and wagons-Concluded.

Page.
strikes for the United States, by industries and years, 1901 to 1905 (Table II)...... 432-435
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI).

486, 487
Causes of lockouts-
employees locked out in lockouts due wholly or partly to each of the 14 causes, 1881 to 1905–
by years

74, 75, 78
summary of number and per cent of, for the period.

77,79
employees thrown out of work, number and per cent of, in lockouts due wholly or partly
to each of the 14 causes, summary of, for the period 1881 to 1905

77,79
establishments involved in lockouts due wholly or partly to each of the 14 canses, 1881 to
1905-
by years.

72, 73, 78
summary of number and per cent of, for the period..

76, 78, 79
lockouts due wholly or partly to each of the 14 causes, 1881 to 1905–
by years..

70, 71, 78
summary of number and per cent of, for the period..

76-78
lockouts for each State, by years and causes, 1901 to 1905 (Table XVIII).

742-762
Jockouts for the United States, by causes, 1881 to 1905 ( Table XX).

772, 773
lockouts for the United States, by years and causes, 1881 to 1905 (Table XIX)

703-771
results, in establishments involved, of lockouts due wholly or partly to each of the 14
causes, summary of, for the period 1881 to 1905...

76-79
Causes of strikes-

employees thrown out of work, number and per cent of, in strikes due wholly or partly to
each of the 14 causes, summary of, for the period 1881 to 1905

64,68
establishments, number and per cent of, involved in strikes due wholly or partly to each
of the 14 causes, 1881 to 1905.—
by years ..

58, 59, 66
summary of, for the period.

63,68
results, in establishments involved, of strikes due wholly or partly to each of the 14 causes,
summary of, for the period 1881 to 1905.

63, 64, 68
results of strikes for each cause, by years, 1881 to 1905 (Table XII).

6:22-635
strikers, number and per cent of, in strikes due wholly or partly to each of the 11 causes,
1881 to 1905–
by years..

60-62, 66, 67
summary of, for the period.

64,68
strikes for each State, by years and causes, 1901 to 1905 (Table IX)

496-579
strikes for the United States, by causes, 1881 to 1905 (Table XI)

614-621
strikes for the l'nited States, by years and causes, 1381 to 1905 (Table X)

580-613
strikes, number and per cent of, due wholly or partly to each of the 14 causes, 1381 to 1905–..
by years

56, 57, 65, 66
summary of, for the period

63,61,67
Causes of strikes and of lockouts, classified lists of, and explanation..

112-111
Clothing, men's-
lockouts for the United States, by industries, 1881 to 1905 (Table XV).

732, 733
lockouts for the United States. by industries and years, 1901 to 1905 (Table XIV)... 712-715
strikes for the United States, by industries, 1881 to 1905 (Table III)..

472, 473
strikes for the United States, by industries and years, 1901 to 1905 ( Table II)

432-135
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI).....

486, 487
Clothing, women's-
lockouts for the United States, by industries, 1881 to 1905 (Table XV).

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV)

712-715
strikes for the United States, by industries, 1881 to 1905 (Table III).

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

432-135
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)....

486, 487
Coal and coke-
lockouts for the United States, by industries, 1881 to 1905 (Table XV)

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 (Table XIV)...

712-715
strikes for the United States, by industries, 1881 to 1905 (Table III).

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

432-135
strikes for the United States, ordered by labor organizations and not so ordered, by indus-
tries, 1881 to 1905 (Table VI)..

486, 487
Coffins and undertakers' goods_
strikes for the United States, by industries, 1891 to 1905 (Table III)

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II).

432-135
strikes for the United States, ordered by labor organizations and not so ordered, by indus-

tries, 1881 to 1905 (Table VI).....
Colorado

486, 487
law relating to strikes, blacklisting, boycotts, etc...

923, 924
lockouts for each State, by years and causes, 1901 to 1905 ( Table XVIII)

7-13
lockouts for each state, by years and industries, 1901 to 1905 (Table XIII).

6-10-643
lockouts for the United States, by States and geographical divisions, 1881 to 1905 (Table
XVII).

738,739
strikes for each State, by years and causes, 1901 to 1905 (Table IX)

501-503
strikes for each State by years and industries, 1901 to 1905 (Table I)

136-147
strikes for the United States, hy States and geographical divisions, 1881 to 1905 (Table V). 480,481
strikes for the United States, ordered by labor organizations and not so ordered, by States
and geographical divisions, 1881 to 1905 (Table VIII)..

492, 493
Conciliation, laws relating to. (See Laws relating to conciliation.)
Confectionery-
lockouts for the United States, by industries, 1881 to 1905 (Table XV).

732, 733
lockouts for the United States, by industries and years, 1901 to 1905 Table XIV)... 712-715
strikes for the United States, by industries, 1881 to 1905 ( Table III).

472, 473
strikes for the United States, by industries and years, 1901 to 1905 (Table II)

432-435
strikes for the United States, ordered by labor organizations and not so ordered, by indus-

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