Compagnies des Sucreries de Puerto Rico v. Iglesias
Compagnies des Sucreries de Puerto Rico v. Iglesias
Opinion of the Court
delivered tbe following opinion:
In the above action a complaint was instituted bj the complainant, operating á sugar central and plantation, against the defendants, during the month of April, 1905, at which time a strike of agricultural laborers was in force at the property of the complainant situate in the district of Ponce. An injunction against the defendants as officers and members of the
The complainant, in praying for an injunction and restraining order, charged that the defendants officially and individually had promoted the strike of the agricultural laborers then in progress, and that, in doing so, had made threats of violence and destruction of property of complainant, and had been guilty of acts of intimidation and interference with such laborers who were willing to work. An exhibit attached to said bill was a communication by the defendant Iglesias, signed as the representative of the American Federation of Labor as well as representing the Federación Libre, defendant, directed to the complainant company, making certain demands which would be required in connection with the employment of complainant company’s laborers, and presenting and threatening the alternative that an immediate strike of such laborers in the employment of complainant would be declared. A number of printed handbills, which had been circulated and posted publicly in the district where said strike was in progress, were also in evidence, the same having the authority of the said defendant, Federación Libre, or its officials. The contents of these publications were of a highly inflammatory character, calculated to incite the passions of workingmen and to arraign them
On due proof of the allegations of the complaint, the' temporary restraining order was issued. The defendants were duly served by the United States marshal with the process and! copies of the restraining order, which, as the writs of all courts of the United States, are issued to command obedience thereto in the name of the President of the United States. The defendants promptly obeyed the restraining order when read and explained to them by the marshal, and the laborers involved all returned to work within a few days thereafter, the strike having been settled. This prompt obedience and respect for law and order by the defendants and those involved in the strike calls for congratulations on the display of good sense and sound discretion on the part of defendants.
On the return day of the summons, the defendants, accompanied by a number of workingmen, attended the court in person and submitted themselves to the further orders and directions of the court in the premises. A decree pro confesso was entered at the October term of court, defendants having tendered no answer. Subsequently, application was made by defendants for leave to file an answer and to reopen the decree, which was declined because it appeared that the strike was settled and that no injury would be sustained to defendants hy permitting the decree sustaining the existing injunction to stand. The court, having read the petition for reopening the decree, and noting the averments that the members of the Federación Libre, defendants, desired further information respecting the object and obligation of the restraining order and their right to organize labor unions and to inaugurate strikes, deems it proper to furnish the information on the points as •specially requested.
The court desires to disabuse the impression alleged to be
The power of courts in proper cases to issue injunctions to • prevent irreparable injuries has existed from the foundation of the government of the United States, and for centuries before in Great Britain, and, indeed, their origin dates back also much earlier, being recognized by the civil or Roman law. From the necessity of the case, an injunction or restraining order to prevent imminent danger and irreparable injury is usually issued without a hearing to defendants. It is only, however, but temporary, and the court is always open to have the injunction in such case dissolved promptly on a hearing, which the law always accords the parties. Disobedience to the restraining order of the court is not alone punishable for contempt in cases of labor strikes, as is often suggested, but it alike applies to all forms of disregard and disobedience of ’ proper orders of- court by citizens, court officers, including members of the bar practising in the courts. The punishment for
The rights of labor organizations, however, in the matter of strikes, have been well defined by the Federal courts of the United States in many recent decisions, as well as the question of the power to restrain threatened injuries of the serious character alleged in the bill of complaint. A laborer must always be free to accept employment, to enter into employment, and to cease from such at any time and under any circumstances which he may determine for himself, free from all molestation, intimidation, or threats of any kind. And an employer of labor has precisely the same reciprocal right to the full protection of the court to employ laborers, to discharge them, and to operate his business and to manage his property without interference or intimidation from any outside source. It has also been decided by courts of the highest authority that labor unions have the right to properly assist and encourage striking employees, but with the express restriction and limitation that such assist:
Judge Smith McPherson of the United States circuit court for the southern district of Iowa, sitting at Ileokuk, in a recent decision treating on the subject of “picketing,” used the following language: “There is and can be no such thing as peaceful picketing, any more than there can be chaste vulgarity, or peaceful mobbing, or lawful lynching. . . . The argument seems to be that anything short of physical violence is lawful.” [Atchison, T. & S. F. R. Co. v. Gee, 139 Fed. 584.] As the restraining order in this case enjoins “picketing,” these rulings of the courts of the highest authority on the subject of “picketing” are submitted as the expressions of the law, and should be strictly obeyed by all members of labor unions.
The duty of labor organizers and members of labor unions eng'aged in labor agitation should be exercised to prevent strikes, from being the occasion or the excuse for rioting, violence,
The defendants in this case, and others who are known as organizers, engaged in the propaganda of labor organization in Porto Rico, recuiting their numbers principally from the great .mass of agricultural laborers, have voluntarily assumed, in controlling this element, a great responsibility. It becomes incumbent on such leaders to carefully instruct the many inexperienced and, unfortunately, poorly educated members of said organizations, who are industrious and willing to work, that in
It is deemed proper to also announce, whilst on the subject of the rights of labor organizations to inaugurate strikes, a right which, as stated, is well recognized by the law, that cases have arisen wherein, owing to the abuse of this right, courts of equity have not hesitated to exercise the right to restrain and enjoin a threatened strike. If labor organizations shall delib
Justice Brewer, of the Supreme Court of the United States,, in his celebrated lecture on “The Triumphs of Justice,” speaking on the exercise of this power, states “that it is much better, much kinder, and more humane to enjoin the commission of acts which amount to crime than for those in authority to remain quiet until the acts are done, and then punish for crime, often ensnaring the ignorant and those driven to crime by others who have no concern except to show the authority of the nonresident boss.”
Porto Pico’s wealth and resources are necessarily in her fertile soil, and the real basis of her prosperity will therefore be ever dependent upon agriculture. The varied industrial' plants, trades, and occupations characterizing the great cities, industrial centers, coal regions, and mechanical occupations so general in the United States have no analogy, even in a .small way, in the island of Porto Pico, where nine tenths of all labor is agricultural. The employers of these agricultural laborers are mostly the large sugar refineries, termed “centrals,” which, in addition to grinding the sugar cane, are interested in the cultivation of sugar plantations, and in both capacities require labor. Since the American occupation of seven years ago, capital has been attracted to the island, and many new sugar plantations have been developed, and, as a result, the acreage of crops has been very largely increased and wages of labor haye also been advanced. It is a hopeful and auspicious sign that the Porto
Organizers and members of labor unions may rest assured that the courts of the land organized for administering justice and equity will always be ready and willing to punish the violations of law or equity when committed by an employer, as promptly as they ever will be to assert a strong hand to restrain threatened injuries by the violent and illegal acts of striking employees.
Finally, it is to be hoped that the law-abiding spirit exhibited by the leaders and organizers of the labor union in June last, when the temporary injunction was issued in the present case, in promptly obeying the summons of the court, will be repeated in the event of any future labor troubles, and that differences and conflicts necessarily arising will be settled and adjusted in the legal tribunals fixed by law for the proper determination of such questions.
In this case, the decree pro confesso having been regularly entered and confirmed in open court, and no showing having-been made of a meritorious defense, it is accordingly ordered that a final decree making perpetual the temporary restraining order heretofore granted be prepared and entered herein.
Reference
- Full Case Name
- COMPAGNIES DES SUCRERIES DE PUERTO RICO v. SANTIAGO IGLESIAS, THE FEDERACIÓN LIBRE DE LOS TRABAJADORES DE PUERTO RICO, Dfts.
- Status
- Published