The daily morning journal and courier., 1904-06-09


 the bill or officially served with the writ in order for him to be bound by the injunction, but only that, he shall have actual notice of it. It is contend ed that the contenlpts are criminal and appellants should have been discharged on their answers. The relief sought is a permanent injunction, and prelimina- ry thereto a temporary one prayed Manifestly the preliminary injunction is for the benefit of the complainant and therefore it's enforcement is for it's benefit.
 The injunction and it's enforcement being for the complainant's benefit, the proceedings must be regarded as civil. Appellants counsel object to the over ruling by the court of motions for bills of particulars and to hearing on affi- davits instead of calling witnesses and examining them in open court. It was clearly a matter within the discretion of the court as to whether or not bill of particulars should be ordered. And we are of the opinion that bills of par ticulars were unnecessary to enable ap-
  affidavits setting forth the facts are made a part of the informations. De- fendants admitted that they were pieketing compliments place of busi- ness and interfering with it's employees and with persons seeking employment with it, notifying them of the strike and persuading the former to leave it's employ and the latter not to enter it.
 Appellants deny that they used force, threats or intimidation of any sort and say they were peaceable and mildly persuasive. But the very. presence of a large number of pickets, with the avoWed purpose of preventing plain tiff's employees from remaining in it's employ and of preventing those seeking employment from entering it was in it. self intimidation. When a thousand laborers gather around a railroad track and say to those who seek employment they had better not, and that advice is supplemented every little while by a terrible assault upon one who disre- gards it. every one knows something more than advice is intended. It is coercion, force; it is the effort of many by the mere weight of numbers to com pei the one to do their bidding.
 The affidavits show that defendants picketed and patrolled around and about complainant's place of business, watching the streets, alleys and ap- breaches thereto, daily shifting their positions; that they so stationed them selves that the complainant's employees were obliged to pass through their picket line that their attitude was ugly and menacing, such as to cause fear in the mind of an ordinary person. Com plainant's employees and persons seek ing employment were waylaid on their way to and from the factory, they were insulted and threatened and in numer- ous instances assaulted and beaten by the strikers, pickets and patrollers, and Accomplishments business was seriously and injuriously interrupted. All team ing and hauling of merchandise to and from complainant's factory was stopped.
 The purpose of the strike by com plainant's employees and their prosecu- tion of it, as described, was to compel the complainant to execute the agree ments referred to and made a part of thes bill The drafts of agreement. three in number, purport to be with the different unions whose members were in complainant's employ. The draft of agreement with the Metal Polishers, Buffers, Platers, Brass Moulders and Brass Workers International Union of North America, International Union of Steam Engineers and International Brotherhood of Stationary Bremen contains the following:
 Article I. The party of the first part hereby agree to employ none but mem bers of the aforesaid organizations or those who carry the regular working card of the said organizations, provided the various crafts will furnish such competent help as may be required by the party of the first part within twen- ty-four hours after notification.
 Art. VII. There shall be a steward for each craft in each factory appoint ed by the organization, whose duty it shall be to see that the men working in said factory belong to the organizations.
 Art VIII. It is hereby agreed by the party of the first part that the business agent of the party of the second part shall have the privilege of interviewing any member of the party of the second part in the offices of the first part dur ing business hours.
 Art. x. A sympathetic strike to pro- tect union principles shall not be con sidered a violation of this agreement.
 Art xI All the apprentices shall be- long to the union and carry the work ing card of the organization.
 Art XII. The number of apprentices not to exceed one for ten men or less of the different crafts.
 That the purpose of the strike was to Fcompel the execution of the drafts of agreement is clear It is averred in the sworn bill and deposed to in the affida- wits of De Wolf, complainant's presi- dent; Kellogg, it's secretary and treas- |urer, and Edwards, It's superintendent, that business agents of the different unions called on complainant and insis- ted on it's executing the agreements and that, when compliments president re- fused, on the ground that the proposed agreements were unreasonable, it was threatened by one of said business agents that unless complainant would sign the agreements a strike would be called and that said business agents called a strike, in response to which about five hundred of complainant s employees quit it's employ. Appellants counsel admit in their brief the purpose