Bisbee daily review., 1917-12-23

@-Al A1 HI N1NaLN-tE ALN4ll time to time by the employment oi other men on the same terms. The ] pecuniary value of such reasonable probabilities is Incidentally great. and ! is recognized by the law in a variety ] of relations. See Brennan Y. United Hatters (cited with approval in Truax v. Raich, supra = \. J. L. 729, 74S: Brown v Honiss "A \. J. L. 50I, 5I4. ct seq; Jersey City Printing Co v- Cassidy. 63 N J. EQ. 75S. 767: Walker Y. CrOnin. 107 Mass. 555. 565, 566; Moran v. Dunphy. TIT Mass 4S5. and cases there cited; L. D. Willcutt & Sons Go. V. DrisooIl, 200 Mass. no. 1I7, etc.
 The right of action' for persuading ar employee to leave his employer Is universally recOgnized-nOwhere more clearly than in West Tirginia-and t rests upon fundamental principles of general application, not upon the Eng fish statute Of laborers. Thacker Coal CO. v- Burke. g W Va. 253. 25j: B nm Gas. ss5, SS6; Walker y. CTOnin. 1z7 Mass. 555. 567: Angle V. Chicago, St Paul, &c. Railway. 15l r. :. 1. I3. Noice. Adm'x v Brown. 39 V. J. L. 56s. 572-
 We turn to the matters set Up by way Of justification or excuse for de fendants' interference with the situa- ton existing al plaintiffs mine.
 The case involves no question Of the rights of employees Defendants have no agency for plaintiffs employees, nor do they assert any disagreement pr grievance in their behalf In fact there is none: but. if there were, Ge- fendants could not. without agency. set ID any rights that employees might have The right of the latter to strike would not give to defendants the right to institgate a strike. The difference is fundamental
 It is suggested as a srolnd Of crit icism that plaintiff endeavored to SC cure a closed nOn-uniOn mine through individual agreements with its emnlO- yees. as if this furnished some sort Of excuse for the employment cf COercive measures to secure a closed union shop through Q collective agree nsent with the Union IL js sUffi- cient answer. in law. to reBeet that plaintiff had legal and constitutional right to exclude union men from it's employ But it may be wa-Lh while rI say. in addition frs. that there was no middle ground open to plain tiff no option 10 have an .'0pen shop employing union men and E0H-ul:On r-er indifferently: # was the Union that insisted upon closed-shc2 agree n'ents. requiring even carpenters en- plOyed about a mine tO be members of the Union. and making the employ n-ent Of any nOn-uniOn man ground for a strike: and secondly, plaintiff was in the reasonable exercise Of ifS rights in excluding all union r1cn frOn iJs employ, having learned. from a previous experience. that unless this were done union organizers infant gain access r5 it's mine in the cuise of Ia borers-
 Defendants set up. by way oi ju>tIi icatiOn or excuse. the right of working men to form unions. and to enlarge their membership by inviting other wOTkingmen 10 join. The right Is freely conceded. provided tine objects o- the union be proper and legitimate. which we asUme to be true. iu a ger- eTai sense. with respect fS the Union here in question. GOmpers v- Bucks Stove & Range Co. 221 r. s 4lS, f3s- The cardinal error or defendants. posi- ton lies in the assumption that tle right is so absolute that it may be eN- ercised under any circumstances and without any qualification: whereas .n truth. Ike other rights that exist in civilized society. it must always be eN- ercised with reasonable regard for the conflicting rights of others. Brennan v- nited Hstters. = N- J. L. 729. 7f9- The familiar maxim. Sic utere tho ut alenum non internationally tran slated. So use your own property as not to injure that Of another person" {" but by more proper interpretation so as not to iniure tine rights of another. (Broom-s Leg Max. Sth cd. es9l
 applies to conflicting rights Sf eyery description For example where tv0 or more persons are entitled to use The same road or passage. each one in using it k under duty Co exercise rare not Go interfere with ifs use by the ofhers or to dawaEe them while they are using ii- And a most fami,- ar apphCat i1n ls the sctlll -ar e1tic-