Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-01
SUBSTANCE OF THE OPINION
Restraints Defendants From Hinder.
ing Non. Union Men.
CITES VIOLATION OF TIE Law
Court Refers to the Ruling by
Justice Stafford In the Typo
thetae Cause.

Justice Could. in Equity Court No. Q
today delivered an opinion ordering q
temporary injunction against William II.
Maghan and the other officers and men,
bers OF Brfcslayers' Union No. 1, pre-
venting them from hindering non-union
men from continuing IN the employ OF
Richardson Il Burgess and eleven other
members of the Employers Association,
who, November last, flied suit for an
injunction. The court holds that the
defendants had violated the Law az Laid
down by Justice Stafford in the Typothe-
tae case. In at least three particulars:
That they used the coercion of members
to hinder the non-union men from con.
tinuing In the employment Of the plain
tiffs; that they picketed Jobs that were be-
ing carried on BY the plaintiffs. and that
they used threats. abuse and other .orms
Of coercion to prevent non-union work
men from having the same rights 10
work for the employers as union men
have.
The Employers Association was repre-
sented by Attorneys Leon Tobriner and
J. J. Darlington. and the defendants by
Attorney Henry E. Davis.
Justice Gould in his opinion said that
an examination Of the opinion Of Justice
Stafford in the Typothetae case showed
the law laid down 50 clearly and SO thor
oughiy supported by all the authorities
that It would seem 70 really be a waste
Of time TO write an opinion.
No Dispute as to Principles.
"'Whatever may have been the law a
few years ago." Justice Gould remarked,
''or. may have been the understanding of
ho lov Pox
tically no dispute at present upon the
principles that apply to a case OF this
sort. In fact, in the argument at bar
there was very little difference between
counsel as to what the weight Of the a,-
thority In. the different jurisdictions was
upon the propositions involved. The only
question was. whether the facts disclosed
by the evidence in this case were such as
required the application OF the iav az de-
cided by the different courts
Il do not intend to go into any eiab-
orate discussion Of the muititudinous az
fidavits that have been fled on both sides
in this case. am satisfied from the fair
preponderance OF the testimony Of these
ex parte afidavits that it is disclosed that
the defendants have violated the law as
laid down by Mr.. Justice Stafford in the
Adams agt. Typographical Union case IN
at least three particulars: that they have
usoeu TIRE COeIClOn OF members TO h1nOer
the non-union men from continuing In
the employment OF the plaintiffs; that
they have picketed the jobs which we're
being carried out by the plaintiffs and
that they have used threats, abuse and
other forms OF coercion to prevent the
nOn-union workmen from having the
same rights to work for the plaintiffs
that the union men have. and tine court
will therefore sign a temporary restrain
ing order, following the lines laid down
In the Adams and Typographical Union
case. restraining the defendants in the
particulars that have just indicated
Injury to All.
$50 far as the question cf pleading is
concerned. which was argued at bar, I
am satisfied that there il no nisjoinder
of parties that these plaintiffs have a
common interest and that the defendants
have common object IN interfering with
the business OF the complainants. In
other words. that the acts Of the defend
ants directed against one OF the COM
plainant firms are So connected with the
business OF the others that an injury to
one Is All Injury to all, and that gives
the cOmplaiEants right to join to pre-
vent the injury and makes il proper TO
combine the defendants in an inhibition
against such acts.
Therefore I will sign a temporary re-
straining order, following the lines laid
down by Mr.. Justice Stafford in the
Adams ami Typographical Union case"