The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-06-17
oo-OONsRERAToRs

with the Christian Science board Of d.
reotors Of that city to perform certain
interior and steel construction work on q
building In course Of erection for the First
Church OF Christ, Scientist. The work was
to be completed on March IL.
On February IL the company hired one
Stark, a non-union carpenter, its rule being
K conduct it's business on the open shop
principle.
On the same day one Cameron, business
agent Of the Carpenters District Council,
learned Of the hiring OF Stark. Stark
was ordered subsequently TO join a union,
Dr. else quit work at noon. He asked his
employers what he should do. After tell
ing his experience to the representative
Of the company he was ordered back to the
job with this note to the foreman:
II. W. Stark. the bearer OF this note. was hired
20 work as a carpenter on the Christian Science
church. II his work is satisfactory we don't care
70 90 into the question as TO whether he has a mem
bership In any organization or not. III you need
carpenters and he Is satisfactory as one. give him
work on the job. The only question you may
take up at all is whether he can do . days work
properly. ABERTHAw CONSTRUCTION COMPANY.
by N. Q. TuTTLH.
Stark resumed work. On the following
day Cameron appeared again, and In
formed the company's manager that the
union carpenters were much dissatisfied
over the presence of Stark, and that unless
Stark quit "he believed the union men
would quit work" On February 10 Gam
eron was on the job again, and because
of the continued presence of Stark the union
carpenters all refused to work. Cameron
called on the Christian Science board OF
directors, and told them OF the dissatis-
.n..z. o ~ ,,n,zr .,o. ThA Is.zotnr1
then called on the Aberthaw company and
asked that Stark be taken of the job.
Offering to find work elsewhere for him.
The Aberthaw company refused to with
draw Stark. On February Fl the board OF
directors sent this note TO the Aberthaw
company;
| am instructed by the directors OF the First
Church of Christ, Scientist. 10 Inform you that
II is their wish that you retire Immediately from
the work at the First Church OF Christ. Scientist.
II has been decided by them TO do the remainder
OF the work included In your contract In q diff
feTent manner commencing Of I O'Clock TO day.
You were notified this morning that o change
In tho method OF doing the work would probably
be made With. q few hours. Very truly yours.
CHARLES BR1oHAM,
BY NJ.
At noon on the same day an agent Of the
board. forcibly, but without actual physical
violence. elected the ~workingmen OF the
Aberthaw company from the premises.
On February % the Aberthaw company
applied for an injunction TO restrain the
trade unionists and the Christian Science
board Of directors from interfering with it
in carrying out its contract. A temporary
injunction was iss ued and the Aberthaw
compan proceeded with and completed
its worn within the time stipulated in the
contract. The ompany made a claim
for damages and the whole matter was
referred to a Master. Wade Reyes. who
found that the Carpenters District Council
and the Christian Science board were jointly
and severally liable for the losses allowed.
The Master also found:
also hnd that the Christian Science board OF
directors. one Of the defendants, broke the con
tract existing between said board and the plaintiff.
induced thereto solely through fear OF trouble"
the meaning OF which word Us used In this case ]
have already defined.
| rule as a matter Of law that in such action said
board acted without any legal Justification.
Against the objection and exception of all the
defendants | find as an Inference of fact from tho
facts already found that the Christian Science
board OF directors. together with tho defendants,
district council and Cameron. consplrcd together
TO compel the plaintiff TO employ only union car.
pentcrs on said job, And likewise further find
that In pursuance Of such conspiracy they caused a
breach OF tho existing contract OF employment
between the plaintiff and defendant board without
any Just cause or lawful provocation.
Against the objection and exception of all the
defendants I find and rule upon all the facts herein
found by me that the defendant directors and the
defendants, district council and Cameron, unlAw-
fully cOnspircd together To effect. and did effect
such breach OF said contract rs a means TO &C.
compllsh their said ultimate purpose of compelling
the plaintiff 10 employ only union carpenters on
said Job.
The report was submitted to Mr.. Justice
Henry n. Sheldon of the Massachusetts
Supreme judicial Court. 10y whom it was
confirmed, a d, at the plaintiffs request.
reported to the full court. such decree to
be entered on the Masters report as law
and justice require The case was argued
before the full court and a decision sus-
tanning it, by Mr.. Justice Braley, expressing
the unanimous opinion OF the court. was
filed in due time.
The effect of this proceeding and the gist
OF the record are thus summarized in a
pamphlet issued by the Master Builders
Association Of Boston;
The gist OF this record is that the Master ruled
that the owner OF the property upon which the
controversy was being carried on became a cocoon
spirator with tho labor unionists when II Joined
In with them and sought 90 break Its contract
because of the plaintiffs refusal TO unioniLe Its
shop; and that this decision OF the Master has.
after full rgument been unanimously sustained
by the court OF last resort OF the Commonwealth
OF Massachusetts,.
1t Ia highly important 10 note that the principle
laid down In this case considered In connection
with the decision In Berry VS.. Donovan, 1888 Mass.
1853, makes II clear that owners lof W hich the Chris
tian Scientists In this case stand as a type) are
liable not only 20 employers or contractors whose
business Is unlawfuIly interfered with In an attempt
to create a monopoly In the labor u mons, but that
blacklisted workmen who do not desire to belong
TO the unions, and whom they therefore attempt
to blacklist. may maintain their action, either in
tort for damages or in equity for an Injunction
against such owners. II and when, under pressure
from the labor unionists, they join In the at
tempted blackllsiing.
II the plaintiff in this case had discharged the
workman Stark and the other non union work.
men referred TO In the record at the solicitation
nrst Of the labor unionists and second OF tho Chris
tinn Scientists. such discharged workmen could
have held both the unionists and the Christian
Scientists in damages for tho injury done them
In their legal night 10 seek. obtain and keep en-
ployment. without becoming members OF the union.
In a word. unwilling conspirstors for monopoly