TRENTON, Aug. 26,- Upon application of the J. Wiss & Sons Co. proprietors of factories at 18-89 Littleton avenue and Bruce street and Thirteenth avenue, Newark. Vice Chancellor Backes this afternoon granted a sweeping preliminary injunction prohibiting officers and members of Local 14 of the Brotherhood of Metal Workers from picketing or in any way interfering with employee of the company.
The injunction was obtained by Former Judge Alfred Skinner, after testimony had been submitted indicating that the Brotherhood of Metal Workers is affiliated through the Workers' Defense Union with the I. W. W. and the Soviet of Russian Workers. Application for the injunction was the outcome of a entire injunction among the employees of the Wiss & Sons Co. at the close of last month.
One of the points emphasized in the testimony before the vice chancellor was the aim of the brotherhood, declared in its appeal to workmen to be "one big union" controlling the administration of the entire industry. This aim was set forth in circulars of the union submitted to the court, from which the following is an extract :
"Action against exploitation requires agitation, publicity, strikes, boycott. In fact, all the elements of discontent. Discontent is life. It impels to action. Contentment means stagnation and death.
"At the present time practically the whole American working class accept the principles of industrial unionism. All agree that the workers should have one big union. All are coming to agree that this union must more and more control the industry until finally it rules and administers metal industries throughout the nation."
The Wiss & Sons Co. charge that the strike of its employees was fomented by Steven Bircher, specifically named as one of the defendants in the action and alleged to be the controlling power in the Brotherhood of Metal Workers. The affidavit submitted by the company set forth that Bircher organized Local 14 about a year and a half ago. It is charged that about seven weeks ago he appeared in the neighborhood of the Littleton avenue factory and held a series of noonday meetings, in which he addressed as many of the complainant's employees as would listen to him.
At these meetings and at indoor meetings at the Labor Lyceum, Bircher and other speakers are alleged to have urged the principles of the brotherhood of metal workers stating that if the purpose of the union could not be accomplished by peaceful means other means would be resorted to.
Beginning with the calling of the strike on July 30 it was alleged that a system of picketing has been established by the strikers for the purpose of preventing employees from going to work. About twenty pickets were stationed at various points along the streets adjacent to the factory their ranks being augmented by other strikers, who joined in trying to coerce men and women from going to work. It was alleged that employees refusing to join the strike were threatened with bodily harm denounced and called opprobrious epithets, these threats at times being accompanied by actual physical violence.
On several occasions during the last two weeks it was alleged the pickets and striking employees have obstructed the sidewalks and roadways, barring the passage of employees coming to work with physical force.
The preliminary injunction granted by Vice Chancellor Backes directs that Bircher and other members of the brotherhood be restrained and enjoined from knowingly and intentionally causing or attempting to cause, by threat, insult, beating, intimidation or any form of personal molestation, any employees or complainant to quit its service; from causing employees or hiring other persons to threaten abuse, insult, annoy or beat employees of complainant in an attempt to induce them to leave the complainants' employ or to dissuade persons from entering complainant's employ; from addressing persons willing to be employed by complainant against their will and thereby causing them personal annoyance with a view to dissuade them from employment and from loitering or picketing at or near the complainant's place of business in the city of Newark with intention to procure the personal molestation or the annoyance by addressing them against their will or willing to be employed by complainant."
The allegation that the Brotherhood of Metal Workers is affiliated with the I.W.W. is not a new one in the present strike. When it was made recently it was denied by Steven Bircher, organizer of the union.