McClure's Magazine, Vol. XXXI, September 1908, No. 5Various
History
McClure's Magazine, Vol. XXXI, September 1908, No. 5
Various
American literature -- Periodicals; Literature -- Periodicals
The first of these cases was one decided by Judge Taft in 1890 when
he was a judge of the Superior Court of Cincinnati. A Bricklayers'
Union in Cincinnati, having about four hundred members, had a dispute
with the firm of Parker Brothers, contracting bricklayers. The
Union wanted Parker Brothers to pay a fine it had imposed upon one
of their employees who was a member of the Union, to reinstate an
apprentice who had left them, and to discharge another apprentice.
Parker Brothers refused to do so. A strike was accordingly called.
The Union also declared a boycott against Parker Brothers, and its
business agent issued a circular to material men, contractors, and
owners, which concluded with this announcement: "Any firm dealing in
building materials who ignores this request, is hereby notified that
we will not work his material upon any building nor for any contractor
by whom we are employed. (Signed) Bricklayers' Union No. 1." One
of the contractors to whom this notice was sent was the Moore Lime
Company, engaged in selling lime in Cincinnati. Parker Brothers were
customers of the Moores, and the Moores continued selling lime to them,
notwithstanding the notice. Another circular was then sent out by
the Union to its members, which read as follows: "Bricklayers' Union
No. 1, Ohio. We, the members of the Bricklayers' Union, will not use
material supplied by the following dealers until further notice": and
in the list they put Moore & Company. The effect of the circular was to
interfere with Moore & Company's business and to cause loss to their
customers, who feared a similar fate. On these facts the Moores sued
the Union for damage which they claimed had been done to their business
by a wrongful and malicious conspiracy. The case was tried by a jury,
which gave the Moores $2,250 damages. An appeal was taken by the Union
to the Superior Court of Cincinnati, where Judge Taft presided.
The facts just related show the issue involved. The Moores' employees
had no grievance against them. The only grievance which the Bricklayers
had against them was that they refused to permit themselves to be
used as a battering-ram in an assault on Parker Brothers. The Union
insisted on the right to boycott Moore's Lime Company because Moore's
Lime Company would not assist them in injuring the Parkers. Judge
Taft decided, as other judges have decided in many cases, that such a
combination to injure the Moores was without just cause or legal excuse
and was illegal. This, so far as the Moores were concerned, was not a
strike case, but a boycott, and in his decision Taft was very careful
to draw the distinction and so express himself that the legal rights of
labor in a lawful strike should not be impaired. He says:
Public-domain text, read in full here on John Shaqi.
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