The San Francisco call., 1904-07-21
EMPLOYERS
SIDE ARGUED
Attorney Van Ness Attacks
ConstitutiOnality Of Act
Favoring Labor Unions

The side of the Citizens Alliance
and the stable owners in the test case
involving the right Of labor unions to
institute boycotts and commit other
alleged unlawful acts against business
enterprises declared unfair" was pre-
sented to Judge Hunt yesterday in the
argument Of 7. c. Van Ness. To-day
Judge Mcguire will set forth the side
Of the Stablemen's Union. The case
has occupied much OF Judge Hunts
time for the past two weeks and gem
eral interest has been manifested in
it by those for and against the meth
DDS Of unions.
E. G. Pierce, owner Of the Nevada
Stable, sued for an injunction against
the Stablenen's Union and pending the
decision in the case obtained from
Judge Hunt an order restraining the
union and its members from placing
pickets in front Of his place Of busi-
ness and committing acts Of violence.
Mr.. Van Ness opened his argument
yesterday morning with citation Of
decisions of the New York Court of
Appeals and of Federal Judge Thayer
of the Eighth Circuit, both holding
that the acts of unions tending to in
jure persons, business or property were
illegal and that the employer is en-
titled to the protection of the law.
Mr.. Van Ness went into the testi-
mony in the present case and declared
that the evidence was overwhelming
in it's proof of the various acts of the
Stablemen's Union in attempting to in
jure Pierce's business, the acts includ-
ing attacks upon non-union men,
threats of violence, abuse and boycott
The attorney for the stable owner
then attacked the constitutionality Of
the law of 1903 regarding the injunc-
tion Of unions for acts in connection
with trade disputes. He held that IT
was unconstitutional under the pro-
visions of both the State and Federal
constitutions. chiefly because it is spe-
cial legislation and interferes with the
right to protect property in the courts.
The limit of the rights Of labor
unions, Mr.. Van Ness pointed out, is
reached when they seek, through
peaceful means, to better their condi-
ton. 1t rests with them, he continued,
whether their object will be attained.
If they continue to coerce and threaten
and abuse; if they lend their aid to
those that injure and MAIN and muir
der, as they have done in the past,
there can be but one result. The Gov
ernment will declare all sO-called labor
organizations to be nothing more nor
less than criminal conspiracies and
they vii. be disbanded wherever found.
In conclusIor Mr.. Van Ness said:
1.-The right of people to conduct their
affairs without interference is a natural
right and one the law recognizes. The
courts are going to protect the free cit
izens of this country in the exercise
of this right and to do it they will ex-
ercise the power of injunction 1 ad-
nit and recognize the fact that labor
unions have the right to fix the hours
! it's members shall work and the wages
| they shall be paid If they can find en-
ployers that are willing to accept the
same, but they have no right to de-
mand that they be accepted and to riot
and murder if they are refused"
At the conclusion Of Mr.. Van Ness
argument the case was continued until
this morning at 10 o'clock