The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-22
TOLD TO INDICT BUILDERS
JUDGE ROSALSkY SIYS THEY
ADMIT CONSPIRACY.

Indictments are expected against mem
hers Of the Building Trades Employers
Association before the end Of this week
as a result 81 Judge RoSalskys charge
10 the Grand Jury in General Sessions
Yesterday Evidence has been presented
parporting Ia show that the members
Of this association have prevented the
Master Steamftters from employing
the Enterprise Associations members
who are the workingmen. Conspiracy IL
charged The Grand Jury adjournsd i'm
mediately after it's appearance in court
90 reConvene Ola "Wednesday
After reading the law governing cor
spiracy in this sen-e Judge Ro~alsky
said that he was advised by the District
Attorney that the important facts Of the
case were Concedsd. IL was granted.
he said. that on January ~ of this year
the hoard of governors Of the Building
Trades Employers Association passed a
resolution declaring that until further
notice no member Of the organization
should directly or indirectly. through
snb-contraCtors or otherwise employ
. any meuai,er OF the steamtitters' union.
} The territory affected by this included
New York. Newark and such parts ~ New
! Jersey a. lie within ten mikes OF the New
York City Hall
II was also conceded. said the Court.
that a COPY % this resolution was sent
20 Zach member 81 the employers a--o-
cissiou. including John Kennedy a Son.
who on January - received a communi-
cation from the secretary OF the associa-
tion calling his attention 10 the fact that
on q Job where that concern was doing
general contracting members Of the
sfeamfitters' union were heihg employed
A second communication was received by
ths firm three days later, on the day after
ths general contractors had instructed
the seesmfitting contractor to discharge
these men and on the day that they ha d
received word that he had done 20 and
that he would not put them on the job
until further Instructions from Kennedy
a Son.
THIS smaller contractor. Harry Vaughan.
was not a member Of the building trades
association. Kennedy a Son and other
uembers OF the association. said the
Court. say that they have taken the only
meAns OF Insisting on the maintenance
OF the arbitration plan. That brought
Judge Rosalskv tn a confederation Of the
rights " EMPLOYEES and employers under
the Law.
Employees said he. have a right TO
strike for better terms with CERTAIN re-
. serictions. but they have no right tn
prevent members ~ another organization
irom working nv force. threats or intimi.
dalton. Employer continued the Court
may combine to promote their mutual
advantage.
sBut II they adopt illegal means. such
a. force. threats and Intimidation. for
the purpose Of preventing others from
exercising their lawful trade or calling.
said the Court. they render themselves
Amenable To the criminal Jurisdiction.
There ~ no question that employers have
a night To lock out their employees. just
- employees have a right to strike.
But the coercion element applied here
too. he said The Court then quoted
from the Court Of Appeals decision in the
case Of Curren against Galeu.
In view Of the conceCied facts I charge
YOU said Judge RO~alsky. first that
John Kennedy 4 Son. in complying With
the orders % the Building Trades Associa-
ton. did not act OF their own volitiOn.
but Welded 20 threats and intimidation.
because the association would be entitled
20 recover from them the sum 81 81 .So
upon their failure to comply with any
OF the terms Of the bond executed 10y
them; secondly that the board Of govern
ore Of the Building Trades Association.
by threat and intimidation, did cause
John Kennedy a Son. members % the
employers association. Ia notify the said
Vaughan To discharge members 1t the
Enterprise Association. and 10y threat
and intimidation did prevent John Men
nedy A Son. either directly or indirectly.
through sub-contractor or otherwise from
dong the lawful act - employing mem
bsrs 81 the Enterprise Association. and
thirdly that all per~OnH who combined
to prevent members Of the Enterprise
Asaociati~H from exercising their lawful
trade or calling have violated the law.
and 10 will be your duty. upon your oath.
to find an indictment against them
The Court said that the assertion 81
the employer association that they yer.
protecting the interests 81 their mem
berp IN maintaining the arbitration plan
could not legalize what they had done
Under the g1Iise 81 laudRbls object the
members Of the Building Trades Employ
ere Association cannot escape respon-
sibility for entering into a combination
20 inJure others said the Court. Our
Law does not tolerate any such conbina-
tion. Employers have no greater nights
under the Law than employees. both are
subject TO the Law and nsithsr - above u
Upon the evidence that has been sub
United 90 you | charge you that q crime
has been committed and that u - your
bounden duty to find anindictDent against
those who have been guilty q il com
mission
The members Of the Building Trades
Employers Association at it, head
quarters. ~ West ThirtIeth street were
Judge Rosalsky tine ~ he oficSrp ~
the association said
IF the members OF the Building Trades
Employers Association have been IN q
conspiracy, which ws do not concede
then the unions have IN many instances
81 the tine been aTnenable 10 The saue@
charges We fail 20 roe where the unions
charge the employers with anything the
unions do nor do The unions a. well as
the employers bound themselves TO 1--we
up 20 the arbitration plan one of Whose
rules -
The unions a. a whole or as a single
union shall not order any strike against a
member Of the Building Trades En-
pIoyers Association nor shall any number
Of union men leave rhe work Of a member
Of the Building Trades Employers AasociA-
ton nor shall any member Of the Building
Trades Empl' yers Association lock OUT hrs
employees
-ky striking the Enterprise Association
Of Stcan!itters violated the arbitration
plan. They refused To obey the rule to