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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 already 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

INDEX.

A.

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

Page.

Agricultural implements-

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

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

732,733
708-711

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

472,473
424-427

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

Agriculture-

486, 487

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

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

472,473
424-427

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

742

636-639

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

strikes for each State, by years and causes, 1901 to 1905 (Table IX)
strikes for each State, by years and industries, 1901 to 1905 (Table 1).
strikes for the United States, by States and geographical divisions, 1881 to 1905 (Table V).
strikes for the United States, ordered by labor organizations and not so ordered, by States
and geographical divisions, 1881 to 1905 (Table VIII).

738,739
496, 497
120-123

480, 481

492,493

Antitrust act, United States

Arbitration of labor disputes, laws relating to. (See Laws relating to arbitration of labor dis-
putes.)

953, 954

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 by 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 I)

124-127

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

Arkansas-

law relating to strikes, blacklisting, boycotts, etc.

922

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

742

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).
strikes for each State, by years and industries, 1901 to 1905 (Table I)
strikes for the United States, by States and geographical divisions, 1881 to 1905 (Table V).
strikes for the United States, ordered by labor organizations and not so ordered, by States
and geographical divisions, 1881 to 1905 (Table VIII)

498
124-131

480,481

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)

472,473

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)

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

472, 473
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

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

708-711

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

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Blacklisting, laws relating to. (See Laws relating to blacklisting.)

Blacksmithing and horseshoeing-

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

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

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

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

Boots and shoes-

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

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

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

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

Boycotting, laws relating to. (See Laws relating to boycotting.)

Brass and brass goods-

Page.
812-817

732,733

708-711

472, 473

424-427

486,487

732,733

708-711

472, 473

424-427

486, 487

lockouts for the United States, by industries, 1881 to 1905 (Table XV)

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

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

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

732,733
708-711

472, 473

424-127

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

Brewing-

486, 487

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

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

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

732,733
708-711

472, 473
428-431

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

Brick and tile-

486,487

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

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

732, 733
708-711

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

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

472, 473
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)......
strikes for the United States, by industries, 1881 to 1905 (Table III)..

708-711

472.473

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)...

Building trades-

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

486, 487

732,733

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

708-711

472,473

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

742,743

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

498-501

128-139

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

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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)

Car building-

486, 487

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

708-711

472,473

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

732,733

472,473

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

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

Carriages and wagons-

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

732,733

712-715

Carriages and wagons-Concluded.

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

Causes of lockouts

Page.
432-435

486, 487

summary of number and per cent of, for the period..

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

74,75,78

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

establishments involved in lockouts due wholly or partly to each of the 14 causes, 1881 to
1905-

by years.

summary of number and per cent of, for the period.

lockouts due wholly or partly to each of the 14 causes, 1881 to 1905-

by years..

77,79

77,79

72, 73, 78

76, 78, 79

70, 71, 78

76-78

summary of number and per cent of, for the period..

lockouts for each State, by years and causes, 1901 to 1905 (Table XVIII).
lockouts for the United States, by causes, 1881 to 1905 (Table XX).

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

742-762

772,773
763-771

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
establishments, number and per cent of, involved in strikes due wholly or partly to each
of the 14 causes, 1881 to 1905-

64,68

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..

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

63.64,68
622-635

strikers, number and per cent of, in strikes due wholly or partly to each of the 14 causes,
1881 to 1905-

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strikes for the United States, by years and causes, 1881 to 1905 (Table X)

summary of, for the period

strikes, number and per cent of, due wholly or partly to each of the 14 causes, 1881 to 1905-
by years..

Causes of strikes and of lockouts, classified lists of, and explanation....

Clothing, men's-

550-613

56, 57, 65, 66

63,64,67

112-114

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

712-715

472,473

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

432-435

Clothing, women's-

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

486,487

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

Coal and coke-

486, 487

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

712-715

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

486, 487

Coffins and undertakers' goods--

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

.. 472,473

Colorado-

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

432-435

486,487

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

923, 924

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

743

640-643

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

501-503

136-147

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

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

712-715

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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