Amalgamated Meat Cutters, Etc. v. Johnson

The opinion of the court was delivered by This is an original action in mandamus wherein the plaintiffs,
a labor union and the officers thereof, ask us to order the
defendants to dissolve a temporary restraining order originally
issued by Beryl Johnson, Judge of the First Division of the
District Court of Shawnee County, on June 7, 1955, and extended
by defendant, Paul Heinz, Judge of the Second Division of the
District Court of Shawnee County, until June 21, 1955, and July
15, 1955. The action in which the restraining order was issued
involved an interpretation of what is known as the National Labor
Relations Act, 29 U.S.C. (Supp. III), Section 151 et seq. On
account of the official position of the defendants and the
peculiar relief asked we did not issue an alternative writ when
the action was filed, but pursuant to G.S. 1949, 60-1705, set the
matter down for hearing on June 30, 1955, at 10 a.m., gave notice
to the defendants of the hearing and ordered plaintiffs to serve
upon them copies of the motion for an alternative writ. When the
hour of the hearing arrived neither one of the defendants
appeared either in person or by counsel. Counsel who had
represented the plaintiffs in the action in which the restraining
order was issued appeared as friends of the court. Counsel for
plaintiffs appeared, made an oral argument and filed a brief.
Counsel who appeared as friends of the court made no argument and
filed no brief. They did make statements of fact. Pursuant to G.S. 1949, 60-1704, we have considered the case as
to whether we would issue an alternative writ, not issue any writ
at all, or issue a peremptory writ. Fortunately there is very
little dispute as to the actual facts. The facts hereinafter set
out we glean from the motion itself, a transcript of what
transpired at the hearing on the extension of the restraining
order and certain official exhibits.