The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-02
UNION CASE TODAY
State Appeal in Case of
Labor Men Who Ad-
vised Boycott.

Is an advertisement in a paper by
two or more parties placing a man on
the unfair list and calling on mem
bers of trades unions not TO deal with
him or use the materials which nc
manufactures a conspiracy within the
meaning Of the common law ana is It
AN indictable offense i'm North Caro-
lima?
That is the question which will be
ably argued before the Supreme Court
to-day in the case of State V. Van Pelt
ct al, which comes UP from Rowan
county on appeal by the State from
ruling of Judge Justice sustaining the
demurrer of the defendants that Che
Indictment did not allege a cause or
action.
Besides the interest attaching to the
legal principle involved, the case which
is one of first impression" in the
State courts is in its facts a noVei
one for North Carolina.
1t seems that in Salisbury. i'm which
and Rowan county, aWhere there are
all told upwards of fifteen hundred
members of various labor unions.
a. lumber dealer. c. A. Rice, in
Cured the enmity of the Carpenters
and Joiners Union by his refusal 70
agree to employ only union men in his
business. According to the record IN
the case Mr.. Rice was visited by the
defendant Van Pelt and two other
defendants. Jenkins and Henry who
notified him that he would not be
considered in sympathy unless he kept
constantly employed union men, ana
notified him further that he would
not be considered in sympathy VITA
organized labor if he kept in MS en-
ploy any non-union men.
In reply TO this notification Rice
declined to discharge any non-union
men with whom he had contracted
in advance by the year to work for
him, and declined also to agree TO
employ only union men.
This was on the 18th Of January
last Upon the refusal of Mr.. Rice
to comply with their demands the lie
PENDANTS. Van Pelt, Henry, Jenkins
and two others caused to be publish
ell i'm the Salisbury Sun a card Whica
was si"ned by two of the defendants,
stating that the Carpenters ana join
ers Union would not mork any ma
terial coming from Rice's shop ana
that he was placed on the "unfair
list on account of his unfriendly att-
tudo towards organized labor.
Following the publication of the
card the grand jury. upo- the com
plant of Mr.. Rice, returned a true
bill AGAINST the five men who had
caused the publication of the card,
charging conspiracy and setting forth
the ALLEGED injury which had been
done to the business of the prosecutor.
When the case came mp for hear
ing at the May term of Rowan court,
the defendants called for 3 bill OF par
ticulars which was furnished by the
prosecution, and then demGlred ore
tenus" to the bill on the ground that
it did not state a cause of action me
demurrer was sustained by the Judge
who quashed the indictment and the
State took an appeal
The above are the facts on Whlch
the case arises. 1t is the first OF the
kind that has ever arisen in the state
and will be followed with interest DN
all classes of people. union men ana
employers of labor particularly.
The grounds of defense are thal
there was no overt act OF interference,
with the business of the prosecutor
and that all men have a right to COM
bine together for self-protection or
self-interest.
The State. on the other hand zoe"
back to the common law cr.h'e ol
conspiracy. contending that the acioh
of the defendants sought TO destroy tile
business of an individual.
In the hearing to-day the uTlelise
will be represented by senator Lee
L
E. Wright. ESQ. the State by Assist
ant District Attorney Augustus II;
Price and James H. Horrah' ESQ al
of Salisbury.
Counsel on either side have prepared
exhaustive briefs and the case WI, ~ ne
ably argued from every POM ~ WV
While most states have slalule" ~, VI
rected at boycots. North Cdrolliie no.
none which would fit the case a. ilalu
hence a'' the he reliance by the State on
the common law indictment 1t n for con,
spiracy, - this case to lilIule I,,a,,,o~,
law rules in the State when it it mas = si NOT
been suspended by statute tne l ~ ~,
ment is good-if it can be PR ProE I,fc.,n ~
a arfsr ADMIT admit the tn truth of the allesa-
tons and the matter comes :, 20 ,s Ine
supreme Court sauarely on oaot me tha issue
Of law as to whether inc co,stitlIta ,
crime.
80 ~ cav about