The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1904-02-10
REHKOPF
LOSES
In His Motion for a Restraining
Order.
Judge Reed Defines the Rights of the
Respective Litigants in,the
Action.
DECISION AN IMPORTANT ONE

dered an opinion n.thescase of the 4.
Rehkopf Saddlery company against To-
cal branch No. 2 United Brotherhood
Leatherworkers on horse goods in
wi ioh the plaintiff asks for SEQ, 600
de uages and permanent restraining
OF der to enjoin thu defendants for IN
terfering with his business by Undue
ing employees to leave his service and
otherwise.
Judge Reed rendered written opiu-
ion which briefly summed up, is as fol-
lows:
The allegations Of the plaintiff are
that the union men had induced or
persuaded by unlawful, wilful and ma
licious threatened acts of violence. di-
rect and indirect, nou- union men Sc
cured to fill their places wherein the
union men went out on O strike. all of
which have been specifically denied.
As Q matter of law the defendants
had the right to quit working for the
plaintiff whether with or without
cause and the plaintiff had a right to
employ men to take their places.
Judge Reed further adjudged that
the men had right under the law to
form q union, combine and stick tc-
gether to better their earnings or con
dition generally and that these rights
were reciprocal and can be applied to
the plaintiff also. He further sdjudg-
ed that the men had . right to per-
suade the employees to quit work IL no
violence is offered but that the men
had no right to picket about,the plants
of the plaintiff il it interfered with
the work Of the employees or intimi-
dated them in the least. IL this pick
citing about the Rehkopf plants did not
interfere with the working Of the en-
ployes or intimidate them, they had
the right TO congregate where they
pleased.
Coming down to the opinion proper
Judge Reed stated:
THAT there is not sufficient eyi.
dence in the case TO show any con-
spiracy or concerted action on the part
of the defendant, union and its mem
bers, to use any unlawful means or
methods to the jury Of plaintiff, its
business, and the defendant, union as
such, should not be enjoined. "
AS to the allegations Of the plaintiff
that the men who quit work were in
duced to do so by threats of violence,
the judge stated he was OF the opinion
that they resigned voluntarily, and
while the plaintiff had no doubt acted
in good faith in bringing the suit,
thinking its business was being inter
fered with, it had evidently relied on
outside information which had proven
groundless.
1.-THE temporary injunction, the
opinion concludes, heretofore grant
ed in this action, the court refuses to
continue and overTules tine plaintiffs
motion TO continue same. and the
clerk is ordered to enter an order to
that effect"
This ends the injunction part Of the
suit, but there yet remains to be tried
the portion OF the action asking for
SEQ, 900 damages against the union,
for damages sustained in the leather
workers quitting work, inducing en-
ployes to quit the employment of the
plaintiff and interfering with the
plaintiffs business in other ways.
This portion of the action will come
up regularly FOR trial at the next
term. The result of the injunction
has been watched with interest and
the outcome will not be surprise to
many, as it is claimed by attorneys
that injunctions of this kind are rars-
ly ever granted.
Attorneys X. T. Lightfoot and ID.
G.. Park represented the defense and
Attorneys Wheeler, Hughes, Berry and
Harrison represented the plaintiff.
The suit was the result of a strike
of lestherworkers in the Rehkopf
plants mere a few weeks ago. The
company refused to comply with the
demands of the members of the union,
and they quit Nonunion men were
sent for, and it was claimed the strik-
ers intimidated them and induced
| some of them to leave.
Since the suit was breusht there