Contempt of Court in Labor Injunction Cases

By Cleon Oliphant Swayzee | Go to book overview

CHAPTER IV
CONTEMPT IN SELECTED CASES

International Tailoring Co. v. Hillman . Clear perspective on contempt procedure as a whole, as it finds expression in labor injunction cases, can best be given, perhaps, by a somewhat detailed recital of the circumstances of one or two important labor-contempt cases. The two cases selected for this purpose are International Tailoring Co. v. Hillman and People ex rel. I. R. T. Co. v. Lavin, both of which, it may be remarked, are of considerable importance quite apart from procedural questions.

One of the most interesting of the contempt cases is that of International Tailoring Co. v. Hillman which arose out of an injunction bearing the same title1 and which involved the company named and Sidney Hillman, as President of the Amalgamated Clothing Workers of America. An injunction was issued ex parte by Justice McGoldrick on July 18th, 1925, which was continued after hearing by Justice Churchill on August 17th. This order, among other things, enjoined the defendants "from picketing or congregating and standing within ten blocks of the plaintiff's place of business in any direction". It was for violation of this provision that the defendants were cited for contempt.

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1
International Tailoring Co. v. Hillman, N. Y. Law Journal, August 13, 1925; 7 Law and Labor238, (# 26599 of 1925, N. Y. Co.). The circumstances of the main case are related in some detail in an article on "The Use of the Labor Injunction in the New York Needle Trades" by P. F. Brissenden and C. O. Swayzee, 44 Political Science Quart., 87 at p. 90 ( March, 1930).

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