The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-19
BOYCOTT UNDER THE LAW.
CONSIDERATIONS CRIMINALLT AND CIV
lilly Liable

IsAppnrent-Posters, Circulars and Ban
ners Intended to Discourage or Prevent
Persons from Working, or from Fat
r,nizinr Others, Forbidden, and Courts
VIII Restrain Such Edorts-Property and
Labor Must Have Equal Protection
Ones Business Is q Property Right
Dunrp TO show cause on behalf OF defendants
vby preliminary injunction should not be va
Gated
Charles b. Wheeler, for plaintiffs
William f. Mackey for defendants.
SPRUNG j. The plaintiffs the owners and
publishers of the ErpreSs including the illustrated
Sunday edition. In the prosecution OF their busi-
ness they own and occupy valuable plant and
the said newspapers published by them are used
extensively by business men for advertising, and
the income derived thcrefrom has been large. In
the conduct OF this business the plaintiffs en-
plnycd many stcreotypers, prcssmen and com
uositors some OF whom were members OF the do
PENDANT org anzation known the Buffalo Typo
graphical Union No. 8. and some OF whom did not
affiliate with any labor organization tho Office
was managed as an open Office" the employees
retaining their positions irrespective OF any asso-
citation or nonassociation with union men.
The defendant Shankland is the president Of
snd Typographical Union No. 0, which Is au UNI
incorporated association of about $50 members
organized primarily for the welfare OF the COM
positors Of the city Of Buffalo Each OF the other
defendants is president of labor union Of like
composition located in said city.
The plaintiffs in the carrying on their business
for several years have used type-setting ma
chine and men were employed to operate these
machines. and in addition handmen were also
employed, and by the scale Of wages In vogue in
,bo iyed dali v
compensation than the men who did type setting
by hand In the fall of that year tho Typo.
graphical Union No 0 fixed a scale OF wages do
signed 10 equalize them. and to be operative in
the several newspaper offices of the city of Buffalo
but the publishers declined TO accede to these do
mands, urging the stringcncy OF the times among
other things a reason for refusing TO increase
these wages In the fall of 1897, the Topographic
cal Union again devised scale of wages, and on
the iith day OF October representatives of this
ganizatiou and of the Allied Printing Trades
Council Buffalo demanded OF the plaintiffs that
thereafter they should pay the rate Of wages fixed
by said Typographical Union and insisted upon
the plaintiffs subscribing to the following agree
ment
We the respective parties OF this agreement
viz: The Allied Printing Trades Council Of Buff
falo and the Morning Express Publishing firm
George f. Matthews & Coz, hereby covenant and
agree TO abide by the rules and regulations and
scale of prices of the United Printing Trades for
one year"
EFFORTS TO PREVENT NEEDY MIN EARNING
LIVING.
This agreement il executed not only bound
plaintiffs to pay the wages TO its employees desg-
mated and adjusted by these organizations, but in
addition required them to conform to the rules
and regulations" adopted by them and in effect
would unionize the Office OF tho publishers and
would forbid the retention Of any employees,
however efficient they were. however long they
may have been in plaintiffs service. and how
necessitous their circumstances, unless they
belonged tn the union. Tho plaintiffs declined
to acceed to these demands and the COM
postors who were members OF the Typo
graphical Union No. were ordered TO strike
summary. and this behest was obeyed This
strike included all the compositors who were mem
bers of this union. whether affected by the propo-
sed rate Of wages or not The men did no violence,
but simply ceased to work. they had lawful
right 10 do. The newspaper OF plaintiffs was
issued on the following morning. reduced in size
and has been published as usual ever since. Imme-
datcy after the refusal of the plaintiffs to accept
the agreement of the Typographical Union No 0
applied to the United Trades and Labor Council
which is the central body OF the various labor
Va 'hU wy anu Vi Iopf6-
senatives from them. This body in behalf Of
this union under date OF November IL. 1897, passed
Aresolution from which extract the following:
"Rstolrsd. that the business mon of the
city OF Buffalo be notified Of the fact that the Buao
Morning Express Is . non-union and unfair once.
and Is being printed by men imported from New
YORK and elsewhere, whilst tho Buffalo workmen
have been ruthlessly thrown out and thus entails
great hardshps upon many families = It Is,
I'D thak.
De forwarded to every firm advertising In that paper.
Be 1t further
Resolved, That special notice DO sent out in
struotlne all organized labor not to patronize any
nrm or firms who advertire in the Bx6alo MORNING
E1pre' or illustrated sund1y Rrpren"
MEN QUITTING AT UNIONS pIcrATIoN
will DO observed that II Is distinctly stated In
this resolution that the Express is a nonunion
ohiee which Is not supported by tho afildavits;
and further charges that the workmen were dis
charged, which Is not true as tho evidence undIs-
putedy shows they were ordered to quit at the die
tauon OF the union. This resolution was sent TO
all the various subordinate unions OF the city. and
The defending organizations then began q systo-
m'uc and concerted attempt to cripple plaintiff
business with the obvious purpose Of coorcing thom
Yield 10 the demands made upon them Reso-
luaons were adopted and circulars issued not
merely in sympathy with the endeavor OF the Typo
graphical Union TO enforce Its scale Of wages but
hey were directed to the patrons and advertisers
oil the ETprcIS. warning them against further sup
port OF That paper, and insisting and threatening
mat conunued patronage there meant loss of sup
port from the army of workmen who compose the
many labor unions of tho city. These resolutions
couched in slightly varying language were ali
inspired by an undisGuised attempt TO anuihilAtC
the business of the plaintiffs unless they relonted
and acceded TO the demands made A few ex
tracts will show the general tenor and similarity
OF these resolutions
FORM OF BoYoorrIN0 EFFoRTS,
Ivy the BollermAkers and Iron Shipbuidora
Alter charging that the proprietors Of the Ez
press arc enemies of "fair days pay for a fai
days work" are enimies OF organized labor.
"Re'OlUed. That will refrain from giving an,
patronage to any merchants who refuse to cease PAT
ronilinE the 1or"fn0 and Sunday RspreSE."
And by the Retail Clerk s Association.
"Resoiv'd. That this body OF wage-earners vii
not patronEo any Arm Arms who advertise. ATTIC
their contracts expire In the Bt0alo illustrated Ia