The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-03-20
Supreme Court Sus-
tains Boycotting,
JOKE ON TIE JUDGE
Fair Portals Appear in the
Courts.

y
have the conspiracy law repealed or
amended in order, among other things,
that a species of boycotting may be
made legal, Justice Kellogg of the SUI
preme court has rendered a decision
which some of the delegates of the
building trades believe makes such re-
peal unnecessary, says the New York
Sun. According to this decision, a union
can, If it is strong enough in member
ship, by threatening to strike. deprive
non-union man in the same trade
from working on any job on which the
union 5 members are employed. The
case at issue was that of BENJAMIN F
Davis non-union bod hosting en-
glneer, against the United Portable
Hosting Engineers and Peter Gibbons.
its agent Davis averred that he was
prevented by the association from
working and brought suit to enioin the
union from interfering with his work
ing and for $3.50 ges lost by his en-
forced idleness
Davis says in his complaint that in or
ABOUT June, 1885. and June August and
december of 1896 and March of 1897. he
was working for a contractor named
Merritt P. Simpson, but that the defend
ants threatened to stop the work of the
union men on buildings where he was
employed if his employment was con-
Inued. BY this means. he saws, he was
almost wholly deprived of work Tn.
case has been in the courts for about a
year and the unions in the board of
Walking delegates Clipped in and hired
q lawyer to tight it. Justice kellogg
says in disnlissing the complaint:
The defendant, named the United
portable Hosting Engineers. is an as
Socldtlon Of hosting engineers in the
city Of New York and embraces so
many Of she men skilled in this at
mat builders must employ its members.
or Tor the most part fail in obtaining
the necessary skilled labor. This ass -
cfatlon is governed by a constitution
ana bylaws, and it fixes the price al
which this sort Of labor shall be done
ny any member, and the terms and con-
aitlohs upon which any member shall
90 service, one of which conditions IS
mat no member shall work upon anv
1ob upon which is employed any non
Union man as hosting engineer so long
as members of this association are I'M
employed.
That builders arc required to dis
charge such non-union men upon noti-
hcaton by the delegate or agent of
this association, upon penalty for re-
tusal; that all actual members of this
association shall stop work on that
particular Job upon which the nom
union man is engaged: that the prac-
tcal workings of these methods result
i'll the exclusion from employment of
non-union hosting engineers in the
city of New York.
That defendant, Peter Gibbons, is a
member of the association and its del
ogate or agent to carry out it's aims
and purposes, TO hunt out and discover
the employment of any non-union man
TO notify the employer that he must be
discharged under the penalty afore-
said.
That plaintiff is a non-union hoist
ing engineer and skilled and competent
That he was employed as such and was
earning 81 per day and would have
continued in such employment except
Tor the acts of the association through
Its said agent, Gibbons That the said
agent notified the employer of plaintiff
IN effect to discharge the plaintiff or
the members of said association would
leave his employment. That to con-
tinue the work it was necessary that
the demand should be complied with
and theTeupon plaintiff was dis
charged.
That plaintiffs failure 10 have con-
tjnuous employment was solely owing
to the fact that he was a nOn-unfon
man and to the threats made by the
defendants to his employers that his
employment would drive off from the
job every member of the association
and the progress of the builders work
would be thus crippled.
THAT no other threats We're used
aud no other means taken by defend
ants or either Of them to plaintiffs in
jury.
las conclusion the court decides.
THAT the means used by defendants
We're lawful. and plaintiff has failed
for such reason to establish a cause for
1ar 1A r,1.,f,t IL. !
dismissed with costs and judgment is
so directed"
Walking delegates who were seen
Yesterday admitted that they did not
expect a decision so favorable to the
union. John J. Pallas. walking dele
gate Of the pattern makers said: IF
the court of appeals sustains the de-
csion we will hardly require an
amendment TO the conspiracy law"
Surrogate Varnum recently made the
acquaintance of a new lawyer, says the
New York World. and witnesses of the
introduction declare that the Joke II
decidedly on the judge. Meanwhile
Miss H. L. Blondel, attorney and coun,
selor-at-law, of No. $50 Broadway, is
being complimented on the ease witt
which she emerged from a trying stu.
alton.
The surrogate was about to listen tC
motion to appoint a special guardian
for the children of Eunice u. West.
brook. deceased. A demure looking
young woman rose to speak. The
judge reached out his hand to pro.
test
"Sit down, madam" he urged, wish.
ing to suppress the client as courteous.
~ as possible, land let your counsel
speak for you"
The Young woman smiled