New-York tribune., 1910-03-22
BIDS JURY INDlCT
Court Holds La1g Vas Vio-
lated IN Steamftters' Case.

Judge Rosalslly. in the Court of Generaf
Sessions. yesterday charged the grand fur,
that upon evidence submitted. following
charges BY the Enterprise SteamGt;ers' As-
ISOLATION against the Building Trades En-
plOyers. Association. the crime % coneuir-
acy had been committed. and directed -
finding or indictments. The Jury then woat
Into session and adjourned until to-day
The matter was brought % the attention.
OF Judge Rosalsky two weeks ago. when
the grand jury. which had been receiving
evidence IN the case. reported that tho
facts set forth in the steamhtters' Charge.
were not disputed by the officers of IN.
employers association. and asked % 10
Instructed whether or not under the lav
indictments could be presented
The charges We're 20 the effect that ths
employers association had passed resolu-
tions and in other ways directed ana forced
its members % refrain from hiring anv
member of the steamftters' union. thereby
discriminating against them. On violation
OF the anti boycott law
In one instance cited John Kennedy A
Son. of No. 103 Park avenue. general CON
tractors for the new wing % the Meth.
Odist Episcopal Hospital. on Seventh ave-
nue., Brooklyn. and members Of the en-
plOyers' association. were forced % dts.
pense with the services Of members a.
the Enterprise Steamftters' Association
Who were working on that Job
While acknowledging that I'm this cas,
and in others they caused the dlschargs
Of Enterprise members. the Building Trades
Employers Association IS quoted by JIdgs
ROsalsky as declaring that ia pursued this
course. not maliciously. but % compel tho
/ Enterprise association 70 agree 20 a plan
OF arhitrating differences between Il ana
the employers.
This brings US 70 a question which Is a
vital Importance. both 10 employers ana
to employees" said Judge Rosalsky. "and
/ that is. What are their respective rights
under the law?''
There f. no question that employers
have a right to lock out their employees.
Just as employees have a right 70 strike.
They have also the right 20 solicit and per-
suade fellow employers 20 discharge en-
ployes who are nos IN sympathy with tbs
purposes Of their employers. Just as en-
\ pIoyes have the right 20 solicit and PER-
suade others not members Of their Orgaui-
zatiOn 20 quit work: but neither employers
nor employees have the right 70 the exer-
else Of force. threats. intimidation or CO.
ercion % prevent others from exercisnrs
their lawful trade or calling.
IN view OF the conceded facts. 7 charge
YOU first. that John Kennedy & Son IN
complying with the orders Of the Building
Trades Association did not act OF their
own vOlit!on; second. that the board
OF governors OF the Building Trades Asso-
citation by threat and intimidation ala
cause John Kennedy & Son. members os
the employers association, O. notify the
said Vaughan 20 discharge members 0f ira
Enterprise association. and BY threat and
intimidation did prevent John Kennedy g
Son, either directly or indirectly through
sub contractor or otherwise, from d0ine
the lawful act Of employing members Of
the Enterprise ASSOCIATION. and. third,
that all persons who combined 20 prevent
members of the Enterprise association
from exercising their lawful trade or CALI
ing have violated the law. and 10 win b8
your duty, upon YOUR oath. % ind an in~
dictment against them"