Louis Brandeis

“ The right to carry on business-be it called liberty or property-has value. To interfere with this right without just cause is unlawful. The fact that the injury was inflicted by a strike is sometimes a justification. But a strike may be illegal because of its purpose, however orderly the manner in which it is conducted. To collect a stale claim due to a fellow member of the union who was formerly employed in the business is not a permissible purpose. In the absence of a valid agreement to the contrary, each party to a disputed claim may insist that it be determined only by a court. ”

“ And it may subject to punishment him who uses the power or influence incident to his office in a union to order the strike. Neither the common law, nor the Fourteenth Amendment, confers the absolute right to strike. ”

“ So far as appears, Mishmash was not in the company's employ at the time of the strike order. The men went out in obedience to the strike order, and they did not return to work until after the claim was paid, pursuant to an order of the Court of Industrial Relations. While the men were out on strike, this criminal proceeding was begun. ”