The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-12-28
BOYCOTT Is ILLEGAL
Vice Chancellor Green's De-
cision in the Newark
Times Case.
ESSEX TRADES COUNCIL ENJOlNED
Court Says Labor Unions Method
of Interfering With a Mans
Business Is Contrary
TO Law.
Special to the Jersey Citu NeUs.

TRENTON, Dec. %, 1S94.-Vice Chan-
cellor Green yesterday filed an opinion
in the suit Of Thomas c. Barr. propri-
etor of the now defunct Newark
''Tfmes," against the Typographical
Union, No. 1O3, of which the compost
tors on the Times were members, n
Essex Trades Council. to restrain them
from carrying on the boycott they had
against the paper. He grants
the injunction.
The union had attempted to prevent
the use by Newark n~ewspapers of plate
matter" the use of which lessons the
amount of typesetting to be done by
them. It's use is allowed without pro-
test in others parts of the State.
The Essex Trades Council is an asso-
citation of the different trades unions,
which attempts to secure for its men,
bers what it considers fair treatment,
by throwing the trade of its members
away from u persons as do not grant
them what they desire.
Mr.. Barr, the complainant, determined
to employ such plate matter in the
makeup of his paper for publication.
Through his foreman he sought to have
this resolution Of the union against
plate matter relaxed in favor of his
paper, but on it's refusal so to do, ad-
hered to his determination and announc-
ed that he would use the plate matter;
but not wanting to lose his men, an
nounced the union scale would be main
tanned n that he would gladly retain
the services of such as would be will
ing to stay.
TRIED A BOYCOTT.
Sine left and the union withdrew its
endorsement of the paper. The Essex
Trades Council took up it's cause, and
urged it's members to boycott Bars
paper, and did all in it's power to en-
force the boycott because of the use
of the plate matter. They tried to pre-
vent business men from advertising in
it's columns. and it is claimed that they
seriously affected the papers business.
In his opinion the Vice Chancellor
says
mo unprecedented person at this day
wishes to place any obstacle in the way
of labor organizations conducting their
operations within awful limits. 1t is
unfortunate that, despite the warnings of
accredited leaders, the reckless and re-
vengeful among the members, with the
vicious and lawless always to be found
among the idle, so often take advantage
of labor demonstrations to commit acts
of violence against persons and property,
n thus weaken the sympathy Of the
public with the system.
"Yet every one must acknowledge
that organization has accomplished much
in the past for the benefit of the work
ingman.
RIGHTS OF THE PARTIES.
"It was Mr.. Bars personal right,
without interference or dictation from
any person OF persons, to employ in the
prosecution of his business such mechan-
ical appliances as were safe and health
full, and to employ in the production of
his paper such persons and lawful means
as he might choose
Men are willing to embark capital,
time and experience, because they can
confidently assume that they will be
able to control their affairs according
to their own ideas, when the same do
not conflict with law. Otherwise they
will seek other avenues of business.
1.-THE members of the typographical
union had a perfect right to leave the
work if they SO desired"
The syllabus and finding are as follows:
A persons business is property, entitled
under the constitution to protection from
Unlawful Interference. Every person has
a right, as between his fellow citizens
and himself, to carry on his business,
within legal limits, according to his own
discretion and choice with any means
which are safe and healthful and to en-
ploy therein such persons as he may Sc
lect, n every other person is subject to
the co~rrelative duty arising therefrom
to refrain from any OBSTRUCTION of the
fullest extent of this right which can be
made compatible with the exercise of
similar rights by others.
THEIR CONDUCT MALICIOUS.
Malicious injury to a persons business
is a~ctionable. An injury to the business
of another is malicious and actionable if
done Intentionally and without legal ex-
use.
The said order to show cause must be
made absolute, without costs, and an in
junction may issue restraining them from
distributing or circulating any circular,
printed resolutions, bulletins or other
publications containing appeals or
threats against the Newark Times
with the design and tendency to inter-
fere with his business in publishing his
paper, and from making any threats or
using any intimidation to the dealers or
advertisers in such newspaper tending to
cause them to withdraw their business
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