The San Francisco call., 1904-08-07
Judge Hunt Declares Statute DNeng Tribunals Of Right Inter-
fere Industrial Strife utonal and Void.

Judge John Hunt Of the Superior
Court handed down q decision yester-
day which, in its effect upon industrial
affairs, is the most important ever rem
dered on the Pacific Coast. This deci-
sion was reached in the case Of z. G..
Pierce, proprietor Of the Nevada sta
bles, supported by the Citizens Al
lance, against Stablemen's Union, Lo-
cal No. S7eo.
This suit had as its purpose the quiet
ing Of the striking stablemen that
harassed, threatened and terrorized the
non-union men employed by the stable
owners in place of union men who re-
fused to work when demands made by
them were rejected as unreasonable. In
the prayer Of his complaint Pierce de-
manded that an injunction issue per-
petually restraining the defendant un-
ion from interfering with his business
In any way, from picketing his prem
ises and from molesting or intimidatng
his workmen and patrons. His prayer
has been granted by Judge Hunt, and
In language that is plain and supported
by higher authority the court reafirms
the principle that the right to labor is
natural and inalieniable.
Judge Hunts opinion will serve to
clarity the local atmosphere, which has
long been clouded by controversy be-
tween employer and employe. His order
is the most sweeping ever issued by
Western court against the common
practices Of unionism. In view of the
fact, however, that the constitution
ality OF statute upon which the un-
ions based their right to boycott and
make the same effective is ruled
against, the case will not rest on Judge
Hunts decision. 1t VIII be carried at
once TO the Supreme Court by the de-
feated organization. This fact was an
nounced in Judge Hunts courtroom
yesterday morning by G. P. Munroe,
captain Of the stablemen's pickets.
who was present to hear the reading Of
the decision
STABLEMEN RESTRAINED.
In June Judge Hunt issued a tenn
porary restraining order against the
stablemen that were boycotting Pierce's
stable and committing various acts
tending to injure his business. When
the hearing came up on a motion to
dissolve the injunction it was agreed
between James G. Mcguire, attorney
for the union, and T. G. Van Ness, at
torney for the stable owner, that the
case should be tried on its merits and
should be test case of the right of un-
ions TO boycott and commit other acts
against a a(business without fear of in
junction from a court Of equity. The
statute upon which the union relied fol-
lows:
Secticn J. No agreement, combination, or
contract. by or between two or more persons
70 do OF procure to be done, or not 10 do or
procure not 70 be DONE any act in contempla-
tion or furthersnce OF any trade dispute be-
tween employers and employees in the State Of
California shall be deemed criminal nor shall
those engaged therein be indictable or other
wise punishable for the crime OF conspiracy.
II such act committed by one person would
not be punishable as z crime, nor shall such
agreement. combination or contract be con-
sidered as IN restraint Of trade or commerce,
nor shall any restraining order or Injunction
be issued with relation thereto. Nothing in
| this act shall exempt from punishment other
wise than IS herein excented any persons
guilty Of conspiracy. for which the punishment
IS now provided by any act OF the Legislature
but such acts OF the Legislature shall as 70
the agreements. combinations and contracts
hereinbefore referred to. be construed as If this
act were therein contained: provided that
nothing IN this act will be construed to author
ize force or violence. or threats thereof
When the case was heard evidence
was submitted, largely the testimony
Of strikers that had been summoned,