The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-19

coerce other workingmen 70 become members Of
the organization and TO como under It's rules and
conditions under the penalty OF the loss Of their
position, and OF deprivation Of employment then
that purpose seems clearly unlawful and mill
tatcs ag ainst tide spirit Of govcrnept and tho
nature Of our institutions
BoYCoTrERs cIvILLY AND oRIMINALLy
LIABLE.
II In not essential to show actual violence to
prove conspiracy or q boycott Barr v. Essex
Trades Council 50 N. J. Eq. 10l: People " Will
son, AN. Y Grim. 619; State W Gliddon. So Conn.
a.
Nor does the fact that the acts charged bring
the defendants within the jurisdiction Of the Grim
inal courts prevent the enforcement Of tho civil
remedy. Davis v. Zimmerman, OF Hun. 4S9-
492; In re Debs, Petitioner, 1853 U. 8. 564-5o3
Crawford " Tyrell, 1928 N. Y. SAL.
1t has been repeatedly held that the remedy
by injunction Is available 70 plaintiff In cases Of
this kind where irrcparabe injury Is likely TO
ensue or the defendants threaten 70 continue
their unlawful interferences with his business
Cases last cited Arthur v. Oakcs, 63 Fed Repr
$40; Am. & Eng. Ency. Of Law vol p. ESQ tsec-
ond edition.; Park & Sons Co. v. National Drug
gists' Assn, so NY. Supp 1904; Beck " Railway
Transfers Protective Union Detroit Legal Netps
vol. o. p 599 supra.
1t il urged on behalf Of many Of the defendants
that the unlawful acts alleged aga inst the Typo
graphical Union No 0. and tho articles in the
Labor journal, cannot be charged against the
other defendants
PRIMA FAcIE CONSPIRACY; ALL PARTIES
GUILTY.
The affidavits are ex plicit in showing a common
united purpose the part Of all Of the defendants
10 boycott the Express This established prima
fdeis the existence Of the conspiracy. The means
by which this concerted design was made effec-
tive and carried out must be held TO DO tho acts
OF all the parties to the scheme. No rule or law
Is better settled than that where the conspiracy
has been proven TO exist the acts Of each con-
spirator admissible against all the parties
TO it. People v. Sharp IS Hun, 400. 4s7; Kelley
" People, 55 N. Y. 565; People " Mather, 4Wend.
229; United States v. Kane, % Fed. Repr 748;
People v. Basford. 5 N. Y. Grim. 219; Id. $50.
VIOLENCE NOT NECESSARY TO CONSTITUTE
CRIMES
As was said by Mr.. Justice Daniels in People
" Barondess, Of Hun, 81, PERSONS lawful
business is his property. The two newspapers
80 virulenIy assaied were the property of the
the plaintiffs In this suit The defendants have
unlawfully interfered with that business By con-
certed action, supplemented by threats, by in
tmidation, they have sedulously and persistently
sought TO hamper the plaintiffs to curtail their ad-
vertisng list and 70 restrict their circulation BY
unfounded accusations, by every act short of vio-
lenoe in disparagement Of the conduct Of this bust
ness they have waged the Tight Keenly alive as
every sincere man must be TO the welfare OF the
bread winners, unwaranted acts Of this kind by
whomsoever committed cannot receive his approx
al When the Intervention Of the courts is asked to
pass upon conduct inimical TO the rights Of pro
perty, there is alternative except TO empha size
disapproval by granting the restraining relief
permitted by law.
The motion 10 vacato tho injunction Is denied,
with $40 costs
Motion denied. with $40 costa
In view OF the foregoing the police will
perhaps BIO Interested to observe In what
degree the character OF the parade of the
printers this evening takes heed of the laws
of thu Stnta of Nav York.