New-York tribune., 1899-07-09
DECISION AGAINST STRIKES
JUSTICE TRUAx HOLDS IT is ILLEGAL
TO PREVENT MEN FROM WORKING.
sr ENJoINs THE ENTERPRISE AND PROGRESS
ASSOCIATIONS FROM INTERFERING WITH
MEMBERS OF ANOTHER SOCIETY

sr ENJoINs THE ENTERPRISE AND PROGRESS
ASSOCIATIONS FROM INTERFERING WITH
MEMBERS OF ANOTHER SOCIETY
Justice Truax in the Supreme Court yesterday
handed down decision in the action for an njunc-
ton brought by the National Protective Association
~ steamhtters and Helpers and Charles McQueed
sanst the Enterprise Association and the Progress
,ssoclston both unincorporated societies OF steam
e,,ers and helpers and their walking delegates in
which he enjoins the defendants from interfering
With the members OF the plaintiff association and
preventing them from procuring and retaining
work
The plaintiffs alleged that the members Of the two
associations and their walking delegates had en-
tered into an agreement 10 prevent the members OF
,he National Protective Associa ton from obtaining
work except on a few small jobs where their own
members not employed. and by threats that
they would enforce strike o' the laborers and
other workmen employed on buildings at Nos 50
and g. West FCrty-hfth-st., Twelfth-st. and Sew
enth-ave. and Burlins Slip and Front-st.. intimi-
dated the contractors for those buildings so that
they discharged the members Of the National Pro-
tective Association employed in putting in boilers
and steam appliances The defendants denied all
the allegations and averred that the plaintiff had
ar adequate remedy at law By suit for damages.
Justice Truax in his decision says
The evidence shows tha; the defendants have
entered into combination which in effect prevents
and will prevent the plaintiff. McQueed. and the
other members or the pldlntN aSsOcAuOn from
working at his and their trade in the city OF New
York In fact. IL was shown that the defendant.
Cummings zone OF the walking delegates OF the de-
fendants). threatened a strike against the mem
bers OF the paintih association and the plaintiff,
NcQueed wherever he found them at work. and
that ne would not allow. them 10 work at any JOB
IN the city except some small Jobs where Enter
p1ise men were not employed. and that he did fre-
0uenuy strike. so that members OF the plaintin as
ISOLATION were prevented from continuing with
work that they were doing AT the time the strike
was ordered. Such a combination amounts 10
conspiracy. and is unlawful
The case is 20 be distinguished from the case OF
Davis against the United Engineers. inasmuch as
the plaintiff was employed only temporarily end
until a union man could he obtained 20 take his
place. and IN which Il was also held that there
was evidence that a conspiracy 70 prevent the
plaintiff from obtaining work existed i is TO os
noted that in the Davis the Court assumes Tor
the purposes Of that case that individual or as
sociatiou OF individuals has no right waniony 50
70 Interfere with In The exercise OF his craft
business profession TO prevent him from earn
inc his livelihood in that profession. craft or bust
ness.
To prevent one from working at any joo In this
city Is 20 prevent him from earning his livelihood
IN his profession craft or business and such an act
Will ne enjoined. The evidence In reference to dam
axes is SO indefinite that ] shall not award any
damages The injunction heretofore granted is con-
t.rued JudSmeut Is ordered accordingly with costs
-o ne plaintiff