The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-10-04
TEST CASE AGAINST UNIONS
Az wa NOTION ~ THE FIGHT
WIN THE lRPENTERN.
COurt'S ~ e~pinE Terms In the Prelin'l-
nary InloInIRg Question mat Has
Given Rise to NIanS Strikrs Co ne
Tried Out and a Precedent Made.

WV -
The long fEh' oi th., union carpenters
~ get building contractors Ia Visa none
hut union mad. wood trim on buildings
which has h"'u carried On bv carpenters
refusing tp handle trim made m non
union firms has l-r"n taken to the cnuIts
Through Lawyer Matter a. Merritt
Of - william street IN. Alhro J Newton
Company II Brpnk!vn. a woodworking
manufacturing firm which employs ItS
men ON the open shop plan. has secured
from supreme tpvrf Justice Crane of
Brook Ign preliminary Injunction re-
straininR IN" ju,ut District Council ~
New Nor, and Vicinity of the In tied
Brotherhood ~ Cnrp-ntrrs and Jniners
of America and the Amalgamatsd Car
penters of America. ~ officers and mem
berp. from ordering strikes against the
Use of a." product pf the firm or other
wise interfering with i's business The
order - made retIrnable for to-day IN
the Special Term Of the supreme Court
IN Bropk lyu whsrr the defendants are
required to show cars" why IN" inJunc-
ton should not ba continued six Of
the officers uf the Counrh were served
with copies IT the injunction yesterday.
The order issued hy Justice Crane
specifically names among the defend
ants Henry Ericsson. William O'Grady.
FrederICA phuy and Harry Lea tndividu-
ally and a. business agents 81 the two
organizations Of carpenters; Elhrtdge ii
Neall individually and a. secretary and
treasurer IT the council Charles
Bauscher individually and a. its business
agent John Rice and John Nolfngsr.
two other officers of the council, and
the council a. whole Six Ot the OiiiCerr
a a.. - -. ..a.w
and Lawyer Merritt said Yesterday that
the case will ha made A test one The
union carpenters have for many years been
trying. bv orde ring strikes or bv other
means, 10 induce building contractors
60 pledge themselves not To- Use any hut
union mad" wood trim. bur without
success or only with partial success
The preliminary Injunction Restraints
the defendants from combining to pre-
vent the us. ui the product of the plaintiff
or by strikes uT boyCott- preventing
its Use by contractors, and also Restraints
the defendants a, follows
From giving motto" verbally or N writing
To any person. rrTu or corporation tp refrain
from soliciting. masking or carry ing ou'
contracts with vump'a nant- for s.rsir@>
To he performed or mere -, to he made,
ar 10 refrain from purchasing or attempting
To purn chase materials Of any sort from
compla inanis unser throats that 4 ,,l'h
contraC'~ ur purchases are made or Carrpvi
out they Viii cause persons VA w" EMPLOY
Of said persons 80 notified 10 Withdraw from
their -mplovm"u'- ur that they will cause
persons employed I,v others upon bUild-
mrs where sad O., rson~ - notified ara
dong work 'u rhdraW from work upuu
said buIldug. and from ,umn.uing 'o.
Veiher 'n 'riu~" 200 vort upOn 'uwplt a
ants materials
And from "ufn-.tg. or attempting 10
enforve or threatening 30 ufii'' ruf injury.
loss. penalty ur lahIrf. whether IA 20"
nature Of q fine. or -.-g"u-luu. or -Npgl-
SION from any labor ORGANIZATION CO., other
wise. aga ms any p'r-Hu Who WORKS upuH
materials furu shed Do, "our .umrlntnlut-
or against any person W ho Vnrs. tor any
employer who uUr,hI.H- materials from
your complain1u's or ag4rn-' any person
who works upon any building whcrs Vh-
materials ~ 'omp.linInts are being IN
stalled or are tbuu; To- he Installed
And from making. 'ommunIcaf or
circulating am statement. orally or IA Wri'-
ing. that the defendants or member 81 an,
unions Of Wprh lugm"u y 90 "tI~n fp " srA
upon any materials unless .iI material,
are cons'ru'ied under strict union con.
dition-
Appended 20 tho Application for the
Injunction are aiiitAvIts from bUulilnR
contractors and others 20 the effect thar
after having contracted with M" plain
tih firm for wood trim the carpenters
either refused 20 handle n or went on
strike az th" orders Of agents uf ~. Two
organizations II carpenters msntlO ned
The application also contains an AFFIDAVIT
by Alhro j Newton, head ~ the AlbrO J
Newton Company. 20 The effect that The
firm had on hand a large quantity IT
valuable stock which had iecn manu-
factursi 10 order % cont tractor Who
could not uzc ~ because their carpentsrS
Who were all union WcD. refused 20 handle
it
The question 81 non-union wood Trim
had been re-pou-iris Tor many strikes
and this case would be- Used a. a precedent
The carpenters unions hav.. ts.-n for
many years trying To- fprr. the Master
Carpenter Association IA - trade agr"..-
ment 20 pledg" ~ members - u-s only
union made wood trim Ih'. aSsoCiatIp ION
has always refused ou the ground thar ~.
union mills could not supply all the trlm
needed and on m" further ground thar
n such a pledge wer" given - m"mtsr-
would hs ~ unfair compost ItiOu with
independent contract Ors Whose. non union
trim came from CITIES when. wages were
much lower than IN New ork