The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-12-23
LABOR INTIM1DATloN'
The Courts Decide What Ii he"ii'
Consists OF.

The Courts Decide What 1t Really
Consists OF.
Physical violence is not necessary III
order to make out case OF lntiiillua
ton" in labor troubles, according 10
decision of the supreme court OF fehliSSyi
yania. The opinion given in the chi
cago Legal News last month"; covers
number of interesting points III coz,
troversy. Several years ago llls
Fayette City coal-workers were stopper
owing to a strike. The company asked
for an injunction to prevent the strlkers
from interfering with new men VINO
came to take their places, and pre-
liminary grant was made The cause
was subsequently referred to master
who commended the dismissal or tne
bill, and then Judge Ewing divided costs
between plaintiff and defendants win
out awarding damages. On appear lne
supreme court reverses the Whole mat
ter and directs that damages be ascer-
tanned. Upon the crucial points or Ill,
limitation" and unlawful interference,
thp state supreme court throws the fol
lowing light: s,,
1--WE are obliged to differ wholly from
the view of the facts reported by the
learned master. 1t is totally lrreconcll-
a BILE with the testimony, read in the llght
of experience and Il knowledge OF human
nature. Nor can we agree entirely WIN
the view of the court below, though II
is more in accordance with the evidence
and the law. The learned Judge, in his
opinion says: "The testimony establishes
the fact that certain of the defendants
oycr-stepped these bounds and used an
noyance. intimidation, Iidicule, and coer-
cion to prevent new men IRON engaging
in work for the plaintiff. When the
new men were followed, and importuned
not to work, from their point OF EN-
barkation to their destination ana there
met by the strikers in conslderaD bic num-
bers, and followed to their lodging places
all the time being passed and entreated
TO return, and called 'scabs' and black
legs and sometimes surrounded, and the
effort made to pull them away, and I'M
friendly (at leasD atmosphere about
everywhere, it must DC admitted that
there was something more than mere
argument and persuasion and the order
ly and legitimate conduct of a strike
This was certainly serious annoyance;
and well calculated to lntlmldate ana
coerce: and that effect was apparently
| produced on more than one occasion.
Nor did such acts entirely end when the
| men imported actually began work, but
such men were on occasions, ana III
| less public manner, approached IN Il ike
manner in their intervals of labor, ana
advised that there would be troupe
there, and they mad better leave. No
actual violence. however, was employed,
| This is mild and judicially restrained
statement of what the evidence clearly
showed. The strikers ana their coullsei
seemed to think that the former could
do ANYTHING to attain their ends short
| of actual physical violence. IL.
'rhis is a most serious mlnc0nceptloh'
| The argument and persuasion and 'ap-
peals' of hostile and demonstratlVe
mob have Il potency over men OF ORDINARY
| nerve which far exceeds the limits OF
| lawlessness. The display OF force,
| though none is actually used, is intimlda-
| ton. and as much unlawful as violence
| itself. A.
! "An attempt is made to argue that the
| strikers only congregated at the place OF
arrival of the new men in accordance
| with the custom at boat and train ar
rivals in small towns. But this disguise
| is too fimsy to hide the real purpose. II
| they desired in good faith to meet r.eace-
| ably and lawfully for their own business
| they should have selected another pace
| sufficiently remote to be free from the en-
| citcment and crowds which. their own
| testimony admits, attended the arrival of
| the new men, and also far enough away
| to avoid the intimidating effect of hos
| tile crowd on the newcomers. But, III
truth, they did not desire to avoid that
| effect. On the contrary, that was what
| they were there for, and their presence
| indicates their real intentions too plainly
| for any verbal denia!s or their part to
| offset.
1T is further urged that the strikers,
| through their committees. only exercised
| (insisted on is the phrase their counsel
| in &c
| the new men to persuade them not to 90
| to work. There was no such right.
| These men were there presumably under
contract with the plaintiff, and certainly
in search of work, if not yet actually I'M
| der pay. They were not at leisure, and
| their time, whether their own or their en-
| ployer's, could not be lawfully taken up,
| and their progress interfered with, by
| these or any other outsiders, on any pre-
| tense or under any claim of right to ar
| que or persuade them to break their con-
tracts.
| Even. therefore, if the arguments and
! persuasion had been confined to lawful
| means. they We're eXerted at an improper
| time, and were an interference with the
plaintiffs rights, which made the pcrpe-
traitors liable for any damages the nlain-
tiff suffered in consequence. But, in
! fact their efforts were not confined to
| lawful HeHiS. ne result OF the evil
dence. as stated by the learned judge. is
| that the new men were followed and i'm
portuned not to work, from their point of
cmbarkation to their restitution. and
there met by the strikers in considerable
numbers; called "scabs' and
"blacklegs," and sometimes surrounded
and the effort made to pull them away
"This view is quite sufficiently favora-
BILE to the defendants, and, as already
said a hostile and threatening crowd does
not need to resort to actual violence TO
be guilty of unlawful intimidation. The
acts of these defendants twere an unlaw-
full interference with the rights of the
new men, and with those of the plaintiff
In Cote VS.. Murphy. 159 a.,42O. it is said
! by our Brother Dean that it is one of
the indefeasble rights of mechanic or