The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-12-31
DECISION RENDERED ]
IN PLUMBERS CASE
Injunction Remains in Force
Against Three of the
Strikers. iIl
MODIFIED, HOWEVER. AS
To OTHER UNION MEN.
Careful Review Of the Proceed.
ings Given by Judge
Ritchie.

In Inc third district court Thursday
Judge NJ. i. Ritchie granted the praycr
ot the striking plumbers 10 be relieved
from the injunction granted by Judge
hltchle against them last summer, at the
request of the master plumbers of this
cry, with two exceptions The order
is stIll IN force as applied 20 the de-
Alruction of property and still holds
good against three individual strikers
j }. 'Connor. John Walsh and James
Clark. whom the court considers guilty.
"l violence against non.uniou plumbers
he release from the injunction is
made practically on the promise of the
Striking plumbers TO refrain from as
saults and other unlawful acts. and
may go into force again If these acts
arc repeated, even by unknown parties;
he decision Of Judge Ritchie, IN full.
is as follows:
Decision of Court
! Inc VIII Recs Plumbing company. a
! corporation. pl1intinff. VS. local unlou No
! ~ ol The United Association Journeymen
I Plumbers, etc. defendants.
! ON the 18th day OF June 1909 a strike
! OF inc louincNmen plumbers and others
employed by the plaintiffs occurred; they
! left the service of the plaintiffs and the
! plaintiffs employed other persons in their
! business. Tho original plaintiff and the
J several petitioners are collectively re-
! icrTcd to here as the plaintiffs
! The plaintiffs sllege that the defend
amt associa tior. it's officers. committees
| and members. have undertaken unlawfu-
| II 10 Interfere with the plaintiffs bus-
The defendants deny The unIa wful acts
charged. and in their counter lain they.
charge an unlawfu conspiracy and un-.
lawful acts against the plaintiffs pro-.
! voknS, 1t is alleged. The troubles be-:
| tween the parties. The issues of the
counter claim have not been argued or.
submitted for decision.
After a period OF more or less disor-
der. on the evening of July 20, 1902 G..
| j. IlgSon one Of the plaintiffs, arrived
in Salt Lake City from the east with
| purpose of entering the employ Of the
! plaintiffs About twenty five members or
more of the local union assembled at the
station Other people were there. Ger
/ tain persons. whose Identity is not def
! uitely established. greeted the ncwcom-
crs with oPprobrious cpithcts. personal
and other disorAerly acts occurred. at the
| station. on the street car and in front
OF lIiGsoR's place ot business.
! other Assaults Made.
Thereafter at various times assaults
| were made upon non union men in the
/ 'lHDtN OF LIt pldllllllSs ana oNIeE dC'S
of violence towards them occurred. In
! several Instances property in the course
! OF construction by the plaintiffs WAS
dcstroygd in one case .,noo lh. value Of the
The defendants disclaim responsibility
| for these unlawful acts
III NOT committed by members OF the
| defendant association, they must have
been committed by "synpathizors' who.
perhaps. were joined by others acting
simply from inmate rowdyisu.
! Whatever the merits OF the contro-
verscs existing. nothing is an eYcusc for
violence. The court cannot overlook the
fact that it was evidently believed by
the persons who committed the acts of
| would he TO drive the obnoxious non
union men out Of town. In other words:
the benehciaries Of their lawlessness, IL
anybody was to benefit by it. were the
! striking plumbers.
Persons law-abiding in their deport-
mont cannot knowingly and without pro,
! conduct Of others without incurrins some
/ measure Of responsibility.
Effect Of Order.
| 1t is significant also that as soon as
| the restraining order was issued all acts
or violence and intimidation ceased The
strong upou the ''sympathizers. THO
propriety Of IT'S issue has been amply
| justified by the evidence adduced Upon
the hearing, Eut in dealing with INC
|
/ be considered. The officers ana lni'u-
! ential members or The defendant aSSo-
| citation declare their disapproval or as
| orderly and unlawful conduct such as
proven. But some men. naturally law
| abiding. in times OF excitement arc be-
| traycd into acts which in Jhcir sober mo
| mcntS they would not commit, and there
arc times when. ono OF the defend,
ants testified, the leaders cannot controi
| the men
Tho members, of the union. with in
] b" law abiding. Tho turbulent condlll9.
! which existed when The order was p,aurr
has subsided. In view of this, ana ,. OF
| the positive declarations on tho VII,
ness stand of tho officers and others Q,
the association that they were opposea
| 70 these laHless acts: the tenor oi 9 u,9
restraining order will be relaxed anu
modified as hereinafter stated and ,nn
| further hearing upon the order 10 SNOW
cause viii lac continued 10 IutpIe udtI, l.,
In the meantime II tho deicndants ~ ~
good faith discourage unlawful ac's .,
the kind shown To have been conlinil'eo
and there is no repetition ot lncni no
further order will he necessary peiviy
the final hearing OF this cause, nnt tniS
is not to bc deemed "A license for me PEI
pctrators Of the former acts nj Nio,rn.tt
and Intimidation To repeat Them. Inas
will only compel tho court To uedi WIZ
them SummarilT.
Matter Is Serious.
IN yicw Of the seriousness OF the ,aw
less acts committed upon premises Wmer IN
the plaintiffs were carrying out their n ton
tracts with their customers, Inc s.uts
tion in that regard is too grave W,,ys
passed over aud Justice TO the plaintins
requires that the third paragraph Oh Iii G
restraining order bc continued IN auu
force. In other respects. except as ~ -
matter stated and subject to the lm
,hcr order OF the court the restrainiih,lss
order is deemed discharged: under ,snd un
provisions of section %o59 OF inc iea,.iow
statutes without prejudice 10 rcvIew
Of the evidence already taken II II s.sih ssi,
become necessary in connection WIZ
anything hereafter occurring ,.,, and
lanes Clark arc specifically accused ~. ~
tho evidence of acts of violence an9 !"
tlmida ton sufficiently proven IN MR. I,rd
nrimn facic case against them ana pcnrnar
Inc further hearing, The rcstrain,ng ornyII s,,II
heretofore granted is continued IN 'u'
force as directed aga inst thcm; ;..5-o