A Strike and its Legal Consequences -- An Examination of the Receivership Precedent for the Labor Injunction

THE study from which this paper proceeds is an attempt tounderstand the labor injunction in the light of its comparativelybrief history.The questions of labor law are indissociable from the questionof what Madison called the most difficult of all politicalarrangements -that of so adjusting the conflicting claims ofthose with and those without property as to give security toeach and to promote the welfare of all. To deal with themon the basis only of what is contained in law books is to missmany factors which have influenced the judgments both of courtsand of their critics. Those factors include conditions and events,personalities, faiths cherished with uncritical devotion, and avast complex of forces of interest and desire among whichgenuine desire for social harmony, though it tends always toabdicate its vague power as mediator and to trust in thebenevolence after victory of one or the other of the major protagonistsin social conflict, may not be so negligible as contemporarydisillusion inclines to assume