Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-05-23
COURT REFUSES
WORTH|NGTON'S
INJUNCTION PLEA
Sustains Patternmakers' Union
in Picketing Pump Works
at Harrison.
FINDS NO COERCION
OR ANNOYANCE SHOWN
Strikers Used Arguments With
out Threats and Men
Listened Willingly.

The Patternmakers' Association of
New York and ,-icinity has won out In
the fight made by the Worthington
Pump Works against the union, in ac-
cordance with a decision returned by
Vice-C Cha cellor Howell today, in
which he dismissed the injunction pro-
ceedings brought some time ago by the
company to restrain the wage-earners
from their alleged picketing of the
big plant in Harrison. All that
was proven at the hearing was
that some of the union men had
join their ranks. No violence or undue
interference of any kind had been
shown in the course of the trouble.
The decision is of great interest to
union men and employers alike.
Persunsian Is Legal.
In his decision the vice-chancellor
goes on to say that 1t was held by
Vice Chancellor Pitney in Frank VS..
Herold that persuasion might be used
to induce one man from working for
another in case the workman was will
ing to listen to the argument" and he
adds
This theory of the law has been
acted upon in this State several times
since its announcement, and 1t has
been thought that it marked the line
between lawful and unlawful picket
ing. or between picketing that may be
eallet ~eaceful and picketlng that may
be cG,iied threatening, coercive or
violent
Il understand" says the vice-chan-
cellor further, that the princip.e is
adopted by our Court of Errors and
Appeals in Jonas Glass Company VS..
Glass Bottle Blowers Association. 70
Atlantic, 262"
II take it, therefore, that any con-
versation addressed by one of the
strikers to an employee. or to one who
contemplates becoming an employee of
the complainant, which is addressed to
his reason by his consent, and is not
forced upon him annoyingly, is lawful
and proper.
Twenty-nine Defendants.
"In this case there are a large num-
Der of defendants twenty nine of
whom have been served with the order
to show cause. SO far as they
admit they have done anything at
all they say that they were engaged in
endeaVoring to induce the WorlSlnen TO
leave or not to enter the employ of the
complainant, by mere solicitation and
persuasion, and that they were lis
tened to, and that in many cases they
succeeded in inducing the employees to
join their union.
This seems to me to be proper and
entirely within the rules of law but to
step beyond this line and to enter upon
a course of practise by which the
strikers should force their views or at
tempt to- do so upon unwilling ears, and
either employ arguments which would
imply coercion and annoyance and
threats would so much beyond the line
to which the rule has been drawn.
Rule Not Modified.
1T need not be stated that no less
stringent rule is applied in cases of
this sort than is employed in the or
dinary cases of injunction to prevent
irreparable injury The right of the
complainant must be clear. the affi-
davits and proofs must be specific and
it must appear that there is irrepar-
able injury.
at is no doubt true that the COM
plainants are annoyed and hindered
in the operation of their works. but
that fact of itself is insufficient on
which to base injunction relief. The
defendants must be clearly shown 20
be guilty of an interference with the
free flow of labor in its natural way
to the complainants works.
THE result is that the motion for
injunction must be denied"
TheS officers together with the
members of the association were the
defendants in the litigation, which
caused such stir in the local labor
world. John Hill, president of the
New YORK association; Arnold B. Mac
stay, business agent; John j. Mulhol-
land, assistant business agent Samuel
Magiure, chairman Newark district;
Otto Schwab. it's secretary; David
Jamison, financial secretary, and Jason
Turnbull executive representative.
Samuel Kalisch, the newly appointed
Justice of the Supreme Court, Frank II.
Sommer and Borden D. Whiting led
the legal battle on behalf of the men,
and Chauncey G. Parker for the cor
poratioh
Trouble Began at Christmas.
The trouble in the Worthington plant
dates back to last Christmas. when
some men were laid off. According to
the officers of the concern this was
done because work was slack. Accord
ing to the union men it was merely the
opening wedge for a fight for an open
Al. ,,.f ,i,~fxr