The San Francisco call., 1905-02-17
TRADES COUNCIL
AHEAD OF ORDER
Shows That Mantel- Maker
Was Declared Unfair Be-
fore Injunction Was Served
AFFIDAVITS INTEREST
Secretary Explains Trouble
and Assistant Takes Up
the Burden of the Blame

Yesterday Judge Seawell discharged
the order to show cause why the
Building Trades Council should not be
enjoined from declaring the business
of It. F. Rigney unfair, the complaint
of Rigney and the courts temporary
restraining order not having been
served upon the council before the
aot complained Of was committed.
Rigney is engaged in the business Of
installing mantels and thing. In his
complaint for an injunction he alleged
that the Building Trades Council had,
by it's executive committee, cited him
to appear on January 81 to show
cause why he should not be declared
unfair He did not appear before the
committee on the date named and by
his suit sought to prevent action by
the council at its meeting on February
2 approving the committees dictation.
Bush Finnell of the law department
of the Citizens Alliance represented
the plaintiff and Cleve L. Dam ap-
peared for the Trades Council. After
Finnell had read the complaint Dam
offered an objection to further pro-
ceedings on the contention that an in
junction could not operate against the
effects Of an act already committed.
This contention, which was held to be
good by the court. was supported by
the affidavits of three members of the
Building Trades Council.
o. A. Tveitmoe, secretary of the
council, told most of the story. He
denies Rigney's pleading of the ne
cessity to import Eastern made man
tells, but says that the Trades Coun-
ell has never objected to such i'm
portation If the goods were made un-
der the trade conditions existing here
as to wages and hours of work. 1t is
further recited that prior to January
of last year Rigney conducted his
business contrary to the existing reg
ulations of the affiliated unions and
that the members of those unions re-
fused to work for him. In the mat
ter of his contract to install thirty-f1ve
mantels for one Meyers, on Mission
street, the affiant says that Rigney
voluntarily appeared before the
Building Trades Council and agreed
to hire union men. pay union wages
for union hours of labor, and that he
agreed, If the conditions imposed re-
garding the Eastern made mantels
were violated. to pay $3.50 into the
Little Jim fund of the Children's Hos
pital or any other charity the council
should select. The affiant says he
does not knew whether this payment
has been made or not
The secretary continues that the ex-
Of hn froY Cfs
business in the interim of meetings
and such business is considered final
until reversed by the council. Rig
ney, not appearing on January 81,
was declared unfair by the executive
committee. Tveitmoe was absent
when the council met on February 2
and his place was filled by A. e.
Smith, assistant secretary. Smith in
his affidavit says that the action of
the executive committee in declaring
Rigney unfair was concurred in by
the council. After this action aff1ant
was called to the door Of the councils
meeting place and served with a copy
of the plaintiffs complaint and the
courts temporary restraining order,
which came too late.
Smiths affidavit was corroborated
by that of John J. Swanson, business
agent for the Carpenters Council,
who was present at the meeting on
February 2.
Judge Murasky yesterday heard the
preliminaries on the motions of the
bakery unions to dissolve the tempo
rary restraining orders in the cases Of
Swain & Co. and ]. w. Thorp & Co..
wherein the plaintiffs seek a perpetual
injunction to prevent the labor organ
izations from picketing and boycott
ting their places of business. Bush
Finnell appeared for the plaintiffs and
f. p Troy for the unions. The mat
ters were ordered submitted on briefs.