The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-04-08

T. Berg 6 Co. Wins
Point in Fight Against
Union Men.
DECISION RENDERED BY
VICE-CHANCELLOR HOWELL
Former Employees Prohibited
from interfering With Orr
range Valley Firm.
COURT EXPLAINS
REASON FOR ACTION
Declares Strike=Breakers Must
Not Be Bothered by
Pickets.

Vice-Chancellor Howell, In a accision
rendered today in the suit of F.. Berg d
Co.. of Orange, against Its striking hat
ters in Orange Valley restrafns the
officers and agents of local union No. 4,
In the complaint from interfering In
any way with the workmen employed
TO take the hatters' places.
Local Union No. IL, of Orange, which
was also named in the suit by the
manufacturers. is not mentioned in the
decision today.
Besides Local Union No. 4, whose
officers the vice-chancellor named. as
Alexander McHenry, president; Peter
Flanagan, vice. president; Thomas
Cullen, secretary, and William Western
dorf, treasurer, the decision also is
against Ross Collonan, who is charged
with picket duty; Harry Forsythe. who
is charged with using vile language to
employees of the factory at the rail-
road station; William Kesrney, John
Leonard, Harry Lewis, A. Reister and
William Spottiswoode.
The United Hatters of North America
were made the defendants in the suit
which was brought through Sommer,
Colby and Whiting. Samuel Kalisch
and Edward M. Collie represented the
defendants The Berg Company sought
a writ of injunction to restrain the
striking hatters from intimidating their
employees and from using violence and
coercion toward their employees.
ssBorders On Anarchy
THE affidavits of the complainant on
the general situation are full and ex-
plicit," the vice chancellor writes, 'and
show situation bordering on a state
of anarchy, which 1t appears is not
controlled by the usual lawful methods,
and this is partially admitted by the
aifidavits of the defendants.
+ "They admit that crowds collect
around the factory, but deny they are
disorderly. | may say frankly thai I
do not believe the denials. 1t may be
that some Of the affiants have told the
truth,t but am certain that there have
been acts of violence committed by
these unruly assemblages for the pur-
pose of advancing the cause Of the
striking workmen.
"These facts. are common knowledge
In the county of Essex, in the face Of
which l must disbelieve the assertions
of those who say, under oath. that
there is no violence or disorder"
He cited the case of Edward Crosby,
who was badly assaulted and beaten,
as well as his companion, Christian C.
Rimpach. They were taken to hos
pital
"These are not the only cases of as
sault Unquestionably they were made
either by the striking hatters or per-
sons in sympathy with them for the
purpose of driving away persons who
sought work"
According to the papers submitted In
the case prior to the strike. which be-
gan on January 15, there were $50 en-
ployees in the Berg factory all belong
Ing to Local Unions Nos. and Z, af-
filiated with the United Hatters Of
North America. There is another asso-
citation mentioned, the United Trimmers
of Orange and Vicinity.
Then The Men walked Out.
With few exceptions, 1t was stated,
all left the factory. On the same day
the employees in other factories went
out. This action was general one, IL
Is stateds~and seems to have been pro-
NOTED by the United Hatters of North
America, of which John A. Mofitt is
president, Frank p. Shalyoy vice-presi-
dent, Martin Lawlor secretary and
James F. Maher treasurer.
The Berg Company tried to fill the
strikers places and succeeded in get
ting 100 men. OF them sixty-five live
in the factory, and go on the street
only when accompanied by a guard.
The Berg Company has about $750,000
invested in the industry, and does a
business every year of about $1.500,000.
They alleged they were unable. be-
cause of the methods of e strikers. to
obtain the usual amount of help neces-
sary to carry on their business. The
strikers they alleged, gather about the
factory, at the railroad depots and in
the streets, and by means of threats,
coercion, intimidation and other vio-
lent means. prevent the hatters who
are seeking work from approaching the