The record-union., 1899-08-10

RIGHT TO WORK.
Illegal to Prevent Men From Earn
ing q Living.

Justice Truax, in the Supreme Court,
the action for an injunction brought
by the National Protective Association
of Steamfitters and Helpers and Chas.
McQueed against the Enterprise Asso-
citation and Progress Association, both
unincorporated societies of staainhtters
and helpers, and their walking dele
gates, in which he enjoins the defend
ants from interfering with the members
of the plaintiff association and pre-
venting them from procuring and re-
tanning work.
The plaintiffs alleged that the MEM
bers of the two associations and their
walking delegates had entered into an
agreement to prevent the members OF
the National Protective Association
from obtaining work, except on a few
small jobs where their own members
were not employed, and by threats that
they would enforce a strike of the lab
orers and other workmen employed on
buildings at 50 and 81 West Forty
fifth street, Twelfth street and Seven
teenth avenue and Burling Slip and
Front street, intimidated the contractors
for those buildings so that they dis
charged the members of the National
Protective Association employed in put
ting in boilers and steam appliances.
The defendants denied all the allega-
lions and averred that the plaintiff had
an adequate remedy at law by suit
for damages.
Justice Truax in mis- decision says:
The evidence shows that the defend
ants have entered into a combination
which in effect prevents and will pre-
vent the plaintiff, McQueed, and the
other members of the plaintiff associa-
ton from working at his and their
trade in the city of New York. In fact,
it was shown that the defendant, Cum
mings Zone of the walking delegates
of the defendants), threatened a strike
against the members of the plaintiff
association and the plaintiff, McQueed,
wherever he found them at work at any
job in the city, except some small jobs
where Enterprise men were not en-
ployed, and that he did frequently
strike, so that members of the plaintiff
association were prevented from con-
tinuing with work that they were doing
at the time the strike was ordered.
Such combination amounts to a con-
spiracy, and is unlawful.
The case is to be distinguished from
the case of Davis against the United
Engineers, inasmuch as the plaintiff
was employed only temporarily and un
til a union man could be obtained to
take his place, and in which it was
also held that there was no evidence
that conspiracy to prevent the plain
tiff from obtaining work existed. 1t is
to be noted that in the Davis case the
court assumes for the purposes Of that
case that any individual or association
or individuals has no right wantonly so
to interfere with man in the exercise
of his craft, business or profession as
to prevent him from earning his liveli-
hood in that profession, craft or bust
ness.
To prevent one from working at any
job in this city is to prevent him from
earning his livelihood in his profession,
craft or business. and such an act will
be- enjoined. The evidence IN reference
to damages is so indefinite that shall
not award any damages. The injunc
ton heretofore granted is continued.
Judgment is ordered accordingly. with
costs to the plaintiff NEW York Tri-
bune