The labor world. [volume] (Duluth, Minn.) 1896-current, 1904-01-09
TRADES ASSEMBLY IS
OUT OF CHINESE CASE
BY COMMON CONSENT ASSEMBLY
is DROPPED FROM lNJuNc.
TON PROCEEDINGS.

Walters Union. Expert Injunction
Attorney Roberts Says Injunction
Shuld be Granted Even If no Violence
is Performed. Odd Position by Plain
tiff's Attorney.
At the hearing in federal court We'd
nesday morning on the order directed
against the Federated Trades Assembly
and the local Cooks and Walters union
cause why an injunction should not
be issued restraining them from in any
way interfering with the proprietors or
the business Of the Charity restaurant,
a Chinese eating house. it was agreed
that no further proceedings be taken
against the assembly and that all flu
ture action be applied only to the
Cooks and Walters union.
The morning session was taken up in
the reading Of the pleadings in the case
and recital of the affadivits filed both
in support of the application and those
offered by the defendants. In the after
noon the arguments were begun and
were continued at Thursdays session.
Attorneys for the compliments at
tempted to introduce oral evidence to
sembly had entered into a conspiracy
with the Cooks and Walters union to
destroy the business Of the Chinese but
the court ruled that such testimony was
not permissible and the fight against
the organization was then dropped.
Henry Perrault and other members of
the assembly in their answers set up
statements denying that any action by
that organization was binding upon
the individual members and refuting
the statement that a fine Of IS was
assessed upon members of the affiliated
unions violating an order of the assem-
bly,. They further deny that that body
instituted boycott against the restau-
rant keepers or took part in the picket
ing.
Marshall Hebner and other members
of the Cooks and Walters union sot
up answers admitting that the body
had used the term ''unfair' in the
case Of the compliments but denied
that boycott had been established. An
admission was also made that picketing
was instituted to dissuade by peaceab bile
means patronage of the compliments
business but it was denied that any
sets of violence had been committed or
intimidation had been used to prevent
customers from visiting the restaurant
The answers review the alleged effort
made to induce the Chinese to become
members Of the union when they first
opened their places of business in Du-
A.
defendant union, sets up in his affida-
Wit that pickets were emphatically in
formed that they would not be allowed
to use threats, intimidation, ridicule or
violence in seeking to prevent CUSTOM
ers to visit the restaurant and stated
that so far as had come within his
knowledge nothing but quiet, fair and
peaceable measures were used.
John w. Butler and Eugene David,
who picketed the Charity, state in their
affidavit that they were instructed to
stand In front Of the complainants'
place of business and pass out cards
furnished them by which it was quiet
ly sought to divert patronage of the
restaurant on the ground that it was
unfair.
8.
opened the argument on behalf of the
compliments at the afternoon session
and cited number of decisions upon
which his clients would depend for =
decision in their favor. Mr.. Roberts ar
gued that 1t was not necessary for the
unions to revert to acts of violence in
order to defeat the request for per-
inanent injunction. He further said
that the Chinese are regarded by a
great many people as objects of hatred
and for such reason 1t was not difficult
to destroy their business through the
use Of boycott.
Mr.. Roberts concluded at three
o'clock. H. P. Grannis then offered ar
eument Tor the trades assembly but
was informed that that body would
not be considered in the hearing and
at the request of c. B. Miller. Of
Adams & Miller, who appear for the
Cooks and Walters union, he argued
points of law for the latter orpanfza
ton.
e. B: Miller began his argument in
behalf of the Cooks and Walters I'M
ion which lasted until noon this
Thursday Mr.. Miller contended that
under the pleading and affidavits
submitted by the complainants
1t was not shown that conspir.
acy existed or that acts of violence
had been committed in carrying out
the attempt to divert trade.
Mr. Miller's plea was eloquent anc
forcible. He hayed the opposition upon
every point. He contended that no in.
junction could be granted unless there
was violence. 1t was not proven that
| the Cooks and Walters union ha6
even boycotted the Chinese restaurants
The cards distributed did not say this
The only disorder was caused by hire.
| iings of the restaurant keepers. Police
officers testified that peace and orde,
prevailed, and that they never were
called upon to stop any disorder.
AT this writing it looks very blue fol
the Chinese restaurants. They have
failed to prove that they are victims
OF a conspiracy, and it is extremely
0OIlhtfI IF