Branson v. Industrial Workers of the World

• Citation: 95 P. 354,30 Nev. 270
• Decision Date: 24 April 1908
• Docket Number: 1,736.
• Parties: BRANSON v. INDUSTRIAL WORKERS OF THE WORLD et al.
• Court: Nevada Supreme Court

95 P. 354

30 Nev. 270

BRANSON v. INDUSTRIAL WORKERS OF THE WORLD et al.

No. 1,736.

Supreme Court of Nevada

April 24, 1908

Appeal from District Court; Nye County.

Action by L. C. Branson against the Industrial Workers of the World and others for damages caused by a conspiracy to boycott and injure plaintiff's business. From an order dismissing the complaint as against part of the defendants, plaintiff appeals. Reversed and remanded.a combined motion to strike the complaint, to vacate the summons, annul all the proceedings in the cause and dismiss the action, by dismissing only as to the association as such, since the court, not being able to grant the relief asked, should have denied the motion in toto and left the parties to their remedy by demurrer.

L. A Gibbons and Wm. Forman, for appellant.

P. M Broler, Jr., for appellees.

PER CURIAM.

This is an action brought by the plaintiff and appellant against various voluntary unincorporated labor organizations-such organizations being designated in the complaint by their respective names-against the president and secretary respectively, of each of said organizations, both in their official and individual capacity; also against a number of other persons, members of said organizations. At the time of the filing of the complaint a writ of attachment was obtained upon an affidavit, reciting that the ground of attachment was that "defendants criminally incurred the obligations for which the suit has been commenced." In the affidavit for attachment a copy of the complaint was set out in full, and made a part thereof.

The complaint, briefly epitomized, alleged that plaintiff was the owner and publisher of two certain newspapers published in the state of Nevada, to wit, the Tonopah Daily Sun, published at Tonopah in Nye county, and the Goldfield Daily Sun published at Goldfield in Esmeralda county; that plaintiff had invested more than $27,500 in said two newspapers, and the plants connected therewith, and that he was dependent upon the public for the support and patronage of the same; that plaintiff in the publishing of said newspapers employed only "union" men and paid them "union" wages; that the defendants demanded of plaintiff that he require his employés to become members of the defendant organization, the Industrial Workers of the World, and upon plaintiff's refusal so to do, the defendants, and each of them, entered into a conspiracy to damage, injure, and ruin plaintiff's business and interest in said two newspapers, by means of boycotts, threats, intimidation and violence; that in pursuance of said conspiracy, defendants are charged in the complaint with specific acts of violence, threats and intimidation, as follows:

"(1) That on the 3d day of August, 1906, defendants caused and procured a strike of the newsboys or those who delivered and sold to the Goldfield Daily Sun in Goldfield, Esmeralda county, Nevada, and that said newsboys thereupon struck and refused to sell or deliver said the Goldfield Daily Sun; that thereupon plaintiff employed one H. C. Farmer, and Everett Read to deliver his said papers, and thereupon said defendants caused said parties to be physically assaulted and called 'scabs' and other opprobrious names, and by violence and intimidation prevented said parties from delivering said paper, and by said means, and others hereinafter set forth, plaintiff has been and is prevented from delivering his said papers in Goldfield. (2) The defendants issued and caused to be distributed a circular throughout Goldfield, and sent the same to the customers and subscribers of plaintiff, in which circular plaintiff, the Goldfield Daily Sun, was declared unfair. *** And the public was asked and commanded not to buy said paper or in any way patronize the same. (3) That defendants visited all advertisers who advertised in the Goldfield Daily Sun, and falsely stated to all said advertisers that said paper was unfair, and that defendants had boycotted the same, and demanded of said advertisers that they cease to advertise in said the Goldfield Daily Sun, and threatened said advertisers that if they continued to advertise in said the Goldfield Daily Sun any advertiser so doing would be boycotted by defendants. (4) That said defendants demanded of the public in general that they not subscribe for, advertise in, or in any way patronize the Goldfield Daily Sun, and threatened any one who did so with boycott by defendants. (5) That defendants visited all the news stands in Goldfield where the Goldfield Daily Sun was sold or dealt in, and threatened each and all of said news stands with a boycott at the hands of defendants, and that defendants would post any news stand selling the said the Goldfield Daily Sun as 'unfair' and a 'scab,' unless said news stand ceased absolutely to sell or handle said paper. That one of said news stands was owned by one of plaintiff's employés, and that defendants by the use of said threats and intimidations forced and compelled said employé not alone to cease selling or handling the said the Goldfield Daily Sun, but also quit the employ of plaintiff; and that said employé of plaintiff was forced to accede to the demands of defendants through fear that defendants would ruin his business unless he did comply with their demands. (6) That defendant maintained a blackboard or billboard on the public streets of Goldfield in front of the Miners' Union Hall, on which blackboard or billboard they caused to be posted the names of all those who advertised in the Goldfield Daily Sun, and in connection with the names of said advertisers so posted stated that 'the Goldfield Daily Sun had been declared unfair,' and asked the public not to patronize those persons or firms or corporations whose names appeared upon said blackboard or billboard for the reason that they advertised in the Goldfield Daily Sun; that by reason of said acts of defendants all advertisers save five, whose names were posted on said blackboard, were forced to and did withdraw their advertisements from the Goldfield Daily Sun. (7) That defendants established an espionage upon the office of the Goldfield Daily Sun and watched all persons who entered into the office of the said paper, and that by reason of the threats of a boycott and intimidation forced and compelled many persons to cease to patronize the job printing department of the Goldfield Daily Sun, and in many cases forced and compelled customers to cancel orders for work given to said paper, even after the work had been completed by plaintiff. (8) That defendants combined and conspired with the employés of the Tonopah Goldfield Railroad Company who handle freight and with the transfer companies operating in Goldfield, whereby said railway employés and said transfer companies agreed not to in any way handle, deliver, or forward any of the freight sent by or to plaintiff or the Goldfield Daily Sun, and that by reason of said combination and conspiracy said railway employés have refused to handle or unload freight sent to or by the Goldfield Daily Sun, and the transfer companies have refused to handle in any way freight sent to or by the Goldfield Daily Sun, and that as a direct result of said combination and conspiracy plaintiff is unable to receive or ship any freight unless his own employés receive the same at the cars or deliver the same to the cars for shipment. (9) That defendant organizations have enforced their said boycott against plaintiff and his paper the Goldfield Daily Sun and the Tonopah Daily Sun, and has compelled its members to enforce said boycott by placing a fine of $15 upon any member who bought a copy of either paper. (10) That the defendant organizations have directed and ordered all their members to withdraw their subscriptions from the Tonopah Daily Sun under a penalty of a fine by or a dismissal from said organizations. (11) That defendants have persuaded and endeavored to compel those who sell and deliver the Tonopah Daily Sun to strike and refuse to sell said paper or to deliver the same to its subscribers, and in pursuance of said conspiracy and combination have offered to pay said newsboys, and those who deliver and sell said the Tonopah Daily Sun, $1.50 per day if they would strike and refuse to sell or deliver said newspaper. (12) That said defendants have caused by threats and intimidation the newsboys, and those who sell and deliver the Tonopah Daily Sun in Manhattan, Nye county, Nevada, to strike and refuse to sell or deliver said the Tonopah Daily Sun, and thereby greatly decrease the circulation of said paper, and prevented plaintiff from obtaining new subscribers. (13) That defendants or their agents have visited the newsdealers in Tonopah, Nye county, handling or selling the Tonopah Daily Sun, and demanded of them that they cease selling or handling the Tonopah Daily Sun, and threatened them that if they did not do so that they, the defendants, would boycott the newsdealers continuing to handle said the Tonopah Daily Sun. (14) That defendant Shaw entered the office of the plaintiff in Tonopah, and attempted by threats and intimidation to compel plaintiff to submit to the demands of the defendants, and persisted in his said threats and intimidations until it became necessary to eject him from plaintiff's said office. (15) That defendants have demanded that advertisers in the Tonopah Daily Sun withdraw their advertisements from said paper, and have threatened that unless they did so defendants would boycott them, and that as a result of said threats and intimidations, advertisers in said paper have withdrawn their advertisements therefrom and have ceased to advertise in said paper. (16) That defendants have publicly, falsely stated and caused said statement to be circulated among the public

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