Barr v. Essex Trades Council

• Citation: 53 N.J.E. 101,30 A. 881
• Parties: BARR et al. v. ESSEX TRADES COUNCIL et al.
• Decision Date: 26 December 1894
• Court: New Jersey Court of Chancery

30 A. 881

53 N.J.E. 101

BARR et al.

v. ESSEX TRADES COUNCIL et al.

Court of Chancery of New Jersey.

Dec. 26, 1894.

(Syllabus by the Court)

Bill by Thomas C. Barr and others against the Essex Trades Council and others for relief from a boycott. On order to show cause why injunction should not issue. Injunction allowed.

A. Q. Keasbey, for complainants.

J. A. Beecher and Thos. S. Henry, for defendants.

GREEN, V. C. The original complainant was the sole proprietor and publisher of a daily morning newspaper, called the "Newark Times," printed and published in the city of Newark, in the county of Essex, in this state. After the order to show cause had been argued, another party, who had succeeded to an interest in the newspaper, was, on motion, admitted as a co-complainant in the suit. This action in no way affected the question presented, or the relative rights or liabilities of the original complainant and defendants in the premises, and, as it will avoid confusion to treat the case without reference to the new complainant, this opinion will deal with it as presented on the argument on the pleadings, affidavits, and agreed statement of facts. The defendants are 18 bodies, known as "labor unions," embracing many trades in the city of Newark, affiliated in a society or representative body known as "Essex Trades Council." Some of these unions by the answer deny having joined in the acts complained of, and the order to show cause must be discharged as to them, and they are not to be understood as embraced in the designation of "the defendants," as hereinafter used. Although the pleadings, affidavits, exhibits, and agreed statement of facts are very voluminous, the controlling facts with reference to the controversy between the parties, and those I consider necessary for its determination, lie within a much narrower compass, and are practically undisputed. Stated as succinctly as possible, they are as follows:

The Laborers' Protective Union No. 1 is incorporated; the others are not. Each union exercises ah independent control over its own actions and proceedings, and is not under the general authority or power of the Essex Trades Council. The Essex Trades Council is a voluntary association, composed of delegates or representatives chosen thereto by each of the 18 defendant unions or associations. By its constitution each bona fide labor organization of Essex county is entitled to send three delegates to the meetings of the council, with certain restrictions as to trade representation. Every organization becoming affiliated with the council is required to forward, with the delegates representing it, a set of credentials bearing the names, date of election, and term of service of said delegates, under the seal of the organization. The officers consist of a recording secretary, a financial secretary, a corresponding secretary, a treasurer, three trustees, a sergeant at arms, and standing committees. Meetings take place every Friday evening at 8 p. m., the chairman of which is elected at the beginning of each meeting. Every organization represented in the council is required to make a monthly report of union purchases, and, failing to do so for two consecutive months, its products are not to be considered as "fair." The relative powers of this affiliated society and the unions, as gathered from the answer, are that while the said unions are connected with the said Essex Trades Council, and are represented therein, "the said council has no power, authority, or control over the said eighteen defendants, so as to make the said Essex Trades Council in any way responsible for the acts or proceedings of the said unions, or any or either of them, in connection with the matters complained of in the said bill." Mr. Beckmeyer, who is the originator and secretary of the council, in his affidavit says: "One of the important features or methods of the work of the said council consists in organizing workmen, not only in their capacity as producers, but also as consumers, and showing to them superior advantages and benefits of organizing themselves for the purpose of giving their custom to tradesmen and dealers who are willing to conform to the requirements which are deemed just and necessary by the said organization for their mutual welfare and protection"; that, "in pursuance of the said policy and methods, the said council has authorized and caused to be issued, from time to time, certain circulars, cards, and other documents, educational in their character, and explanatory of its said plans, purposes, and objects." One of these, a circular issued May, 1803, addressed to the public, states: "The Essex Trades Council has for some time past been concentrating the trade of its members, and those whom these could influence, upon the goods made and recommended by organized fair labor, and the stores and places where these goods are sold. The regular system of purchase reports from individual consumers, transmitted through their organization, places the council in a position to announce that it is already turning thousands of dollars of trade every week away from those indifferent to the welfare of the worker, and into the pockets of labor's proven friends. That these friends may receive greater support, by being made more readily known to organized workingmen and their many sympathizers among lovers of justice, together forming the great bulk of the consuming public, the Essex Trades Council will shortly issue a series of cards for free display in all business establishments especially deserving the patronage of organized fair consumers, their families, associates, and friends." The plan of operation, as developed by the papers and exhibits filed in the cause, is that each individual member of the different unions is required, at stated periods, to fill out a blank slip furnished for that purpose, stating the amount expended by him in purchases, the character of the articles bought, and the names of the tradesmen with whom he has dealt. These cards, when filled in, are returned by the members to their own union, and by the union reported to the council. A failure by a union to so report for two consecutive months places its products under the ban of organized labor as represented in the council. These reports place the trades council in possession of data as to the amount of purchases by the members of the unions, and the tradesmen with whom their dealing is carried on, from which its officers are enabled to estimate with some degree of accuracy the volume of purchases by the members of the several organizations within a stated period of time. The next step is an agreement in writing, purporting to be made between the Essex Trades Council and a tradesman, by which the latter, "in return for the patronage of united fair consumers," promises and agrees to buy as consumer, engage as employer, keep as dealer, as exclusively as he can, such labor and goods as may be announced as fair by a particular union and indorsed by the council of consumers of the Essex Trades Council. Cards are then issued to the tradesmen, under the seal of the trades council, addressed "to all fair consumers," each certifying that the person to whom It is issued "Is a fair consuming dealer" and is entitled to their fraternal support until a specified date. Coupons are an nexed for certification by particular industries. These cards are of such size, color, and appearance that, if publicly displayed in stores or places of business, they will attract attention. There was issued under date of March 31, 1894, "by the Essex Trades Council and auxiliary circle bodies," a small pamphlet of convenient size to be carried in the pocket, which is entitled "The Fair List of Newark, N. J.," and to be "for the Information of people who buy service or product, and who have enterprise enough to seek to place their money where it will do them most good." It contains names and addresses of tradesmen and persons in business, including lawyers, interspersed with items of information and advice.

There is in the city of New York a business establishment whose object is to provide means to facilitate the publication of newspapers by what is called "plate matter." This is reading news matter suited to the general needs of newspapers, supplemental to local items necessary for the several localities. This plate matter is edited and set up in New York in the ordinary way, as the bill alleges, by union printers. It is then turned Into stereotyped plates, which are delivered, like ordinary merchandise, to the publishers of newspapers for use in their daily or weekly editions. It is said, without denial, to be a large business, and the matter is furnished to thousands of newspapers in different parts of the country, and is used throughout New Jersey, without any objections on the part of the Typographical Unions, except only in the city of Newark, and possibly Jersey City. Mr. Barr, the complainant, as proprietor of the daily morning newspaper in Newark, determined to employ such plate matter in the make up of his paper for publication. All his employes were members of the local Typographical Union. This union had declared against the use of plate matter in the city of Newark, which fact was known to Mr. Barr. Through his foreman, he sought to have this resolution of the union relaxed in favor of his paper, but on its refusal so to do adhered to his determination, and, by letter dated March 13, 1894, informed his foreman that he would use plate matter on and after March 17th; saying, further, that, not desiring to lose any of the men in his department, the union scale of wages would be maintained, and that he would gladly retain the services of such as might be willing to stay. Some of the employes determined to remain; others, however, left in consequence of his disregard of the union's determination, and the union withdrew its indorsement of the newspaper. The union thereupon,...