Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-06-16
way into print has destroyed all the later
est in the routine proceedings.
GUILTY OF A NUISANCE.

An Injunction Granted Against j, II,
-OBrien and Others at the Suis of Nc
Candies 8 Kinzer-Judge McClung's
Lengthy Opinion.
The injunction suit of McCandless &
Kinzer, contracting bricklayers for the new
Joslyn Theater, against John H. O'Brien and
others, members of Bricklayers' Union No.
2, was yesterday decided in favor of the
plaintiffs in Common Pleas No. 8. The re-
suit of the decree, handed down by Judge
McClung, as expressed in the opinion of that
Judge filed with it, finds the defendants
guilty of acts which constitute q nuisance
and the injunction was granted in the words
of the Judge, mot because defendants be-
long to the organization named and seek by
fair persuasion to accomplish its purpose.
but because they have undertaken BY words
and acts, by their numbers, their manner
and their movements, not to persuade work
plaintiffs as they view it, and of their own
free will cease, but to practically compel
them, by annoyance and intimidation, to
leave plaintiffs employ or refuse employ
stitute a. nuisance, which equity will re-
strain"
What Caused the Suit.
The bill filed arose out of the efforts of the
organization to prevent workmen, whom
the contractors alleged were willing to work
for them, from 80 doing, as the recital has
it, "by threats, intimidation, menaces,
gathering of crowds at and about the build
ing in the erection Of which the plaintiffs
workmen are employed, and about the
boarding houses of said workmen, and by
gagged in driving Off employees who were
willing and anxious to work for said plain
tiffs, and have thus not only greatly annoyed
and halassed the plaintiffs, but have in ad-
ra11ff hon 20 md
hindered them in the performance of their
contract to erect said building, that by such
hinderance, If continued, they will cause
plaintiffs great and irreparable loss and dam
age. The affidavits filed by plaintiffs am
plify these charges, and specify particular
instances OF defendants alleged miscon-
duct"
The defendants denied the commission of
any illegal acts, and specifically denied GER
tain allegations as to assaults on the plain
tiffs' workmen and attempts to force these
workmen to listen to the defendants against
their will. The defendants also said that the
men to whom they were talking were not
unwilling to listen. Judge McClung in his
opinion said it was not necessary to deter
mine these disputed questions Of facts. 1t
sufficiently appeared that the defendants
being members of an organization interested
in having men refuse to work for plaintiffs,
or quit work when nalreadytengaged, were not
satisfied with such means as left such work
men to choose freely between working and
refraining from work, but undertook to SO
ACt Us 10 make 10 unpl6aSanG anu apparently
in some degree unsafe for them to continue
In plaintiffs employ, and to embarrass them
by preventing them from obtaining suitable
lodging or boarding places, and thus force
those who were desirous of working to quit
plaintiffs employ. 1t required no argument
to show that the law must afford u remedy
of some sort in such cases.
Rights of Employer and Employe.
The right of the workman to be employed,
of course, involved the right of the employer
to engage him and have him work for him.
The opinion continues:
1--WE do not base our order upon the facts
that the defendants are members of an Or
ganization whose purpose it is to compel the
payment of higher wages by maintaining q
strike. Were this all, whatever might be
our opinion as to such organization for such
purpose, it does not lie with the plaintiffs to
question its propriety, while they appear to
be acting under the direction of an organiZa-
tion, whose purpose is to keep down wages
by artificial means, and whose methods are
at least as Objectionable as are those of the
We do not condemn now either
pose of this case, put in the position which q
court of equity should occupy, by treating
both as having a right to exist and to pursue
their purposes by peaceful and proper
means. We deal only with acts which carry
them beyond this limit"
Judge McClung directed Mr. Ferguson,
plaintiffs counsel, to draw up the restrain
ing order and present it for approval.
At the theater yesterday there were %
brtcklayers at work, q of whom were jour-
neymen. Mr.. McCandless said that he ex-
pected to have the brick work finished by |
the middle of July. He had all the men he
wanted just now.