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2 Monthly Bull. Int'l Jurid. Ass'n 1 (1933-1934)

handle is hein.journals/injasmb2 and id is 1 raw text is: INTERNATIONAL JURIDICAL AS$QQATIQN MONTHLY BULLETIN Vol. 2 No. I / JUNE 1933 gg369 Price $1 a ear A STRIKE AND THE COURTS Foltis Fischer, Inc., a chain of restaurants in New York and Brooklyn, was put into receivership by one of its creditors in the summer of 1932. Up to that time there had been no labor dispute although the Food Workers Industrial Union was seeking to organize the employees. But early in 1933, the Irving Trust Company, the receiver appointed by the Federal Court, started a policy of dis- charging employees found to be members of the union. Finally, when negotiations failed, a strike was called to secure the reinstatement of the discharged employees. After unsuccessfully attacking the union in the federal court, the receiver turned for relief to the state court'. On April 7, Justice McCook, upon voluminous affidavits in which the menace of a Red union was prominently played up, granted a temporary injunction restraining vio- lence2. That order was without prejudice to a future application for broader relief if the pickets violated the McCook injunction. A subsequent application was made and on May 15 Justice Valente, on the authority of Nann v. Raimist', handed down a decision granting all the relief sought'. This included the prohibition of all picketing, of advertising the dispute by leaflets or in the press, in fact, practically forbidding all resistance by the union. The case was set down for immediate trial on May 25. May 17, before the Valente order was settled or signed, Rubin, the secretary of the union, applied to the federal court for an order to show cause wby the receiver should not be restrained from going further with the state pro- ceeding. This order to show cause itself contained a stay restraining the receiver from proceeding with said cause in the Supreme Court of the State of New York'. The same evening counsel for the receiver applied to have the stay vacated. Judge Bondy, in charge of the receivership in the federal court, refused to vacate the stay but asked that pickets be taken off until after the sale of the prop- erty scheduled for two days later. The next day Justice Valente signed the order submitted by the receiver in the state proceedings. Despite the federal stay, copies of the Valente injunction, some of them certified, were served broadcast-but without notice of entry. The day following, May 19, the argument on the order to show cause came on in the federal court. Former Rep- (Continued on Page Four) 1. Contempt Proceedings Against Strikers by a Receiver, I. J. A. Bull., Vol. 1, No. 11, p. 1, discussed the case up to the point where the federal receiver discontinued contempt proceedings in the federal court against the union leaders and obtained, by an ex parte order, permission to sue in the state court for injunctive or such other relief as to the receiver may be advised. 2. Irving Trust Co. v. Rubin, Sp. Term, Part I, N. Y. Co., N. Y. L. J., April 6, 1933, McCook, J. 3. 255 N. Y. 307; The implications of this case will be discussed in the next issue of the Bulletin. 4. Irving Trust Co v. Rubin, Sp. Term, Part I, N. Y. Co., N. Y. L. J., May 16, 1933, Valente, J. 5. Model Dairy Co. v. Foltis Fischer, Inc., E. 69-44, May 17, 1933, Bondy, J. RECENt ITElv[L 444TEREST The Mooney Case. Tom Mooney was tried on the one remaining indictment outstanding against him before Judge Ward on May 23. District Attorney Matthew Brady re- fused to introduce any evidence against him because he believes Mooney to be innocent, but these tactics made it impossible for Mooney to contradict the perjured evidence on which he was originally convicted. Mooney's innocence, again established by this trial, does not prevent his having to continue to serve out his life sentence. Governor Rolph refuses to pardon him. His only recourse now is to go into the federal courts on this claim: that California pro- cedure which refuses an innocent man convicted of crime any chance long afterwards to set aside that conviction is a denial of due process of law. Harlan Conviction Affirmed. The conviction of W. B. Jones for homicide arising out of the Evarts battle last year was affirmed by the Kentucky Court of Appeals'. The case is being handled by the Industrial Workers of the World. RIGHTS OF NEGROES Two Scottsboro Boys Transferred to Juvenile Court. The cases of Roy Wright and Eugene Williams, the two youngest of the nine Scottsboro boys, were transferred by Judge Horton on June 1 to the Juvenile Court of Morgan County. This is a tardy admission by the Alabama Courts that all the legal proceedings against these boys-subsequent to their indictment-have been without jurisdiction. Both were tried by the Circuit Court of Jackson County, the regular criminal court, in April of 1931. In Roy Wright's case there was a disagreement and he has been held in jail ever since without being tried again. Eugene Williams was convicted but his conviction set aside by the Supreme Court of Alabama on March 24, 1932, because the state never contradicted evidence introduced at his trial that he was a juvenile2, i. e., under the age of 16, and sent the case back to have this question determined. Now, more than a year later, it has been decided in his favor. Both boys have for two years been held in jail with adults con- trary to the statute law of Alabama. Negro Shot on Construction Job Granted Compensation. A construction company was working on a road job in Grand Parish, Louisiana, where Negroes are not allowed. The company brought many Negroes who had worked for it in other regions. A tent colony was set up for :he Negro employees. One of the Negroes, Ed Ivory, was shot at night, while asleep, by someone in a passing truck. All the Negroes left the job and it was completed by white 1. Jones v. State, April, 1933, not yet reported. 2. Powell v. Alabama, 224 Ala. 540.

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