The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-06-06
CIGAR UNIONS WIN AGAIN.
kERBS. WERTHEIM & SCHIFPER
INJUNCTION NOT CONTINUED.
Justice Fitzgerald Saws the Main Allegations
Of the Plaintiffs Are Denied and That I'm
lawful PrOcecdinRs Are Not shown.

Justice Fitzgerald OF the Supreme Court
refused yesterday TO continue the temporary
Injunction obtained by Herbs. Wertheim
q Schiller restraining Nathan Roscntcin and
other officers aud member OF the Cigarmakcrs'
international Union Of America and its local.
No. IA and other persons pending their nc-
ton for a permanent Injunction. The tempo
rary injunction restrained the defendants
from pickcting. patrolling or otherwise mo-
Testing the plaintiffs in their cigar manufac-
turing business at Fifty-fourth street and
Second avenue. where before the strike ordered
on March o last they employed 1000 hands.
The opinion IL partly based on the decision
of Justice Andrews rendered a few days ago
In the similar case OF s. Levy 4 Co, ~cigarmakers
Of East Sixty-third street against the officers
Of the same associations.
Justice Fitzgerald says that the main alle-
cations on which the temporary injunction
was issued by Justice McAdam are specifi-
cally denied. For instance the plaintiffs
said of the defendant associations that they
were organized to compel the employment
OF their members exclusively and to carry
on strikes and boycotts against cigar manu-
l%acturers who refused TO yield I, their de-
mands, whereas the way the defendants put
TO advance the mutual interest Of the mem
bers by endeavOrinG TO procure employment
for them with manufacturers by proper and
lawful contracts made with manufacturers
by which such members can receive employ
ment at q certain fair and Just scale OF wages
and under conditions satisfactory to both
manufacturers and members,"
The Judge SAWS that the defendants aver
that .three-iourths, Of the strikers were not
members of the defendant associations, and
tina, they struck because the plaintiffs refused
10 furnish a better stock for their cigars and
because the grade furnished required more
il ifY' the 70 si mSS' were " r,S better t"a'' The The acts Of disor-
derby conduct and as-arlts. he SAY :, have been
squarely denied by the defendants. lie then
proceeds:
The patrollinx and plcketing Is frankly
avowed by four girls and one man. and the
candOr OF the avowal ls creditable To the truth
%fulness Of the ,a%fiants. The first question
ing j. OF itself unlawful. for if i should be- held
40 the plaintiffs would be entitled. ~ a matter
OF right, to have this Injunction made. per
manent. Onr law recognizes the right Of men
and women to work or not to work. as interests
or fancy may incline them. and II any number
OF employees determine 70 strike there Is notf-
ing unlawful In their doing so. II by com
bination they can obtain shorter hours or higher
wages. or in any other way advance their ma
terial interests. they may do so, and TO advance
their purpose they are free 10 strive to win
over Others TO their support by reason. arcu-
mcnt and proper appeal. Argument. reaSon-
ing and ~entreaty are lawful weapons "A
\, y Grim. Rep. AS,
They must not attempt 10 coerce by threat.
menace or intimidation either employer. CO.
| employ ees or persons willing to work under
the conditions which are repugnant TO the
strikers. They may combine in defence OF
their own rights, but they must not infringe the
rights of others. This question Of picketlng
has been discussed in a great many cases, all
of which ! have most c~aIetully considered, and
| cannot find, nor have | beer, referred TO any
ADJUDICATION in this state holding that mere
patrolling of a neighborhood by some few per-
sons has been declared unlawful"
After re- viewing n Dtlmbgr oil cases Inc judge
SAYS with Justice Andrews that lettering. pa
| trolling or picketing are not ground for in
junction unless accompanied by menace, threat
or intimidation, which, he says. the plaintiffs
| papers do not disclose.
Counsel for the plaintiffs announced that
they would appeal.