The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-03-18
UNION DICTATION UPHELD.
COURT sUSTAINS BOYCOTTING OF
NOS-UNION MEN.

Justice Kellogg Dismisses the Complaint OF
BENJAMIN =. Davis, Who Alleged That
lie Had Been Deprived of Work by the
United Portable Hosting Engineers.
While the labor unions are trying to have
the:Conspiracy law repealed or amended In or
der. among other things. that o species OF boy
cotting may be made legal. Justice Kellogg OF
the Supreme Court has rendered a decision
which some OF the delegates OF the building
trades believe makes such repeal unnecessary.
According to this decision. a union can. II IL ls
strong enough In membership. by threatening
to strike, deprive a non-union man In the SAGE
trade from working on any Job on which the
unions members are employed. The case at
issue was that of BENJAMIN /. Davis. a nom
union hod hosting engineer. against the
United Portable Hosting Engineers and Pc
ter Gibbons. its agent. Davis averred that he
was prevented by the association from work
ing and.brought suit to enjoin the union from
interfering with his working and for $3.50
wages lost by his enforced idleness.
Davis says in his complaint that in or about
June. 1895. and June. August and December
OF 1896 and March Of 1897. he was working for
a contractor named Merritt 1. Simpson. but that
the defendants threatened to stop the work OF
the union men on buildings where he was en-
pl9yed II his employment was continued: ny
this means, he says, he was almost wholly de-
privcd of work. Tho case has been In the
courts for about a wear. an the unions in the
hired. u lawyer TO fight it. Justice kellogg
SAYS in Diminishing the complaint:
Hosting EnEinects, is al asscoiation Of hoist
ing engineers In the city OF New York and en-
traces 50 many of the men skilled IL this craft
the most part fail in obtaining the necessary
skilled labor. This association Is governed
by. a constitution and by laws. and It fixes the
price at which this sort Of labor shall be done
by any member. and the terms, and condl-
one Of which conditions is that no member
shall work upon any job upon which is en-
ployed any non-union, man as hois:ing .engi-
neer so long as members OF this association
That builders are required to discharge
such non union men upon notification by tho
delegate or agent of this association. upon mem
atty for refusal that all actual members of this
Job upon which the non union man is engaged:
that the practical workings of these methods
result in the exclusion from employment OF
corruption hosting engineers in the city Of
That defendant, Pete. Gibbons. is a mem-
Der o. the association and its delegate or agent
to carry out its aims and PURPOSES. to hunt out
and discover the employment. OF any nom
union man. to notify the employer that he
must be discharged under the penalty afore-
SAID,
was employed as such and was earning 81 per
day and would have continued IN such en-
llOSment except lDT 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 mem
bers Of said association would leave his en-
ployment. That to continue the work 1t vas
necessary that the demand should be complied
with and thereuron plaintiff was discharged.
That PLAINTIFF failure to have continuous
employment was solely owing to the fact that
he was n nor. union man and to the threats
made by the defendants to his employers that
his en- employment would drive of from tho Job
every member Ut tn" association and the prog
ress of the builders work would.be thus Grip
pied.
THAT no other threats we're used and no
other means taken by defendants or either OF
them To Plaintiffs injury.
AS conclusion the Court decides:
THAT the means used by defendants were
lawful. and plaintiff has failed for such reason
to establish n cause for action. That the COM
plant should bedism!ssed with costs and IudG-
ment II 30 directed.
Walking delegate who were seen yesterday
omitted that they did not EXPECT a decision
30 favorable to the union. John j. Pallas,
walking delegate of the pattern makers. said:
IF the Court of Appeals ~sustains the decision
we will hardly require an amendment to the
Conspiracy law