Ex parte George, A-8518

• Decision Date: 03 January 1962
• Docket Number: No. A-8518,A-8518
• Parties: Ex Parte Sherman D. GEORGE.
• Court: Texas Supreme Court

Page 590

358 S.W.2d 590

163 Tex. 103

Ex Parte Sherman D. GEORGE.

No. A-8518.

Supreme Court of Texas.

Jan. 3, 1962.

Rehearing Denied May 30, 1962.

Mandell & Wright, Tom Kirtley with above firm, Houston, for relator.

Baker, Botts, Andrews & Shepherd, John B. Abercrombie of above firm, Houston, Armstrong, Bedford & Lambdin, Galveston, for respondent.

SMITH, Justice.

This is an original habeas corpus proceeding wherein petitioner S. D. George seeks release from a conviction for contempt. George claims that the temporary injunction granted by the 10th Judicial District Court of Galveston County, Texas, is and was void because the Court was without jurisdiction to order the injunction. George contends, therefore, that his single act of picketing in 'violation' of the injunction cannot be made the basis of a contempt conviction, since it was, at most, a 'violation' of a void order.

The contempt proceeding originated in the district court upon the motion of The American Oil Company, wherein it was alleged that George and National Maritime Union of America, AFL-CIO, were in contempt and disobedience of the Court's prior order granting a temporary injunction and of the writ of temporary injunction issued pursuant thereto.

On July 3, 1961, the hearing on the motion proceeded to trial. The matter was submitted to the Court on the pleadings and stipulated facts.

After considering the motion alleging that George and National Maritime Union of America, AFL-CIO, were in contempt of court, and the lawful evidence, and stipulation of the parties, the Court adjudged the Union not guilty of contempt. Although American duly excepted to such action of the Court, the question so far as the Union is concerned is not before this Court for review.

However, the Court ordered, adjudged, and decreed George guilty of contempt of court '* * * by intentional and wilful disobedience and violation of a valid subsisting writ of temporary injunction lawfully issued and theretofore duly served upon him pursuant to a lawful subsisting order of this Court, in that Sherman D. George, while said writ of temporary injunction was in full force, * * * picketed The American Oil Company refinery entrance located at and known as the Main Gate on Fifth Avenue South in the City of Texas City, Galveston County, Texas, by the said Sherman D. George repeatedly and continuously walking back and forth on the roadway across and in close proximity in front of that refinery entrance while carrying and displaying a large sign on which the following words were printed in large and clearly legible letters:

"N. M. U. Members will not sail without a contract. This protest against The American Oil Company only. NATIONAL MARITIME UNION OF AMERICA, AFL-CIO."

The Court found that such picketing at this time by George had been explicily enjoined by the following provisions of the temporary injunction:

'NOW THEREFORE, you the said National Maritime Union of America AFL-CIO, Sherman D. George, and all of the officers, agents, representatives and members of said National Maritime Union of America, AFL-CIO, and those acting in concert with you, are hereby restrained and enjoined from picketing the refinery entrances located and known as the Main Gate on Fifth Avenue South, and the Grant Avenue Parking Lot Gate on Grant Avenue, both in the City of Texas City, and County of Galveston, Texas, serving the refinery of The American Oil Company at Texas City, Texas, * * *.'

The pertinent findings of fact by the trial court based upon the record and the stipulated facts by the parties are these:

'3.

'At the time the order granting temporary injunction referred to in 2. above was in open court rendered by the Court, Sherman D. George was personally present in the court room, and Sherman D. George fully understood the provisions and effect of, and the reasons for, the aforesaid order granting temporary injunction.'

'7.

'At 2:55 o'clock p. m., on June 23, 1961, R. F. Nunn, a duly authorized Deputy of J. B. Kline, duly elected and qualified Sheriff of Galveston County, Texas, personally served a true copy of the aforesaid writ of temporary injunction referred to in 5. above on the N.M.U., and a similar copy on Sherman D. George, by personally handing both of said copies to Sherman D. George at Galveston, Texas, Sherman D. George then being Port Agent at Galveston of the N.M.U. and as such being a proper agent for service of such writ on the N.M.U.

'8.

'Subsequent to the service on him of the writ of temporary injunction, as referred to in 7. above, and on June 23, 1961, Sherman D. George read the provisions of the writ of temporary injunction and fully understood the provisions thereof; and thereafter, but prior to June 27, 1961, Sherman D. George publicly announced in effect that he intended to violate the provisions of the aforesaid temporary injunction by picketing at The American Oil Company refinery at Texas City because he did not believe that this Court had jurisdiction to issue the order granting the temporary injunction.

'9.

'Therefore, and without any inducement or agreement thereto by The American Oil Company, * * * on the 27th day of June, 1961, Sherman D. George went to The American Oil Company refinery entrance, located at and known as the Main Gate on Fifth Avenue South' and picketed that refinery gate as heretofore indicated.

'10

'George at all times knew that the Court's order and the temporary injunction were in effect and had not been modified or set aside either in whole or in part.'

'15.

'The Court further finds that there is in the record before the Court no circumstance in mitigation of the actions of Sherman D. George * * *.

'16.

'The Court further finds that the following facts were true on June 20, 1961, at the time The American Oil Company filed in the above numbered and styled cause its petition seeking the temporary injunction that is involved in this hearing, and were true on June 22, 1961, at the time of the hearing on the application for temporary injunction, and at the time of the issuance and service on Sherman D. George and the N.M.U. of the writ of temporary injunction that it violated in this hearing, and were true at all intermediate times and at all other times material to the issues involved in this hearing:

'a. The N.M.U. is and was an unincorporated voluntary association of members operating as a labor union, of which Sherman D. George was a member and its Port Agent in the City and County of Galveston, Texas, having authority to supervise the affairs, including picketing, of the N.M.U. in Galveston County, Texas, the said Sherman D. George then and now being a resident citizen of Galveston County, Texas.

'b. The American Oil Company is and was a Texas corporation which owned and operated a refinery located on approximately 860 acres of land at Texas City, Galveston County, Texas, the entirety of which is surrounded by a fence, and entrance to that refinery could be gained only through six certain gates. Two of those gates were used exclusively by employees of The American Oil Company, which gates were located at and were known as the Main Gate on Fifth Avenue South, and the Grant Avenue Parking Lot Gate on Grant Avenue, both in Texas City, Texas. Of the four remaining gates, one or more were used by employees of independent contractors engaged in construction work on the refinery property.

'c. The American Oil Company had in its employ approximately 1,500 employees working for it at the aforesaid refinery, of whom approximately 1,100 were classified as operation and maintenance employees, or production and maintenance employees, which is one and the same. The approximate daily payroll of the approximately 1,100 operation and maintenance employees was $25,000.00 per day.

'd. Oil, Chemical and Atomic Workers International Union, Local 4-449 (hereafter called O.C.A.W.) was a labor union which had been selected by the operation and maintenance employees of The American Oil Company at its Texas City refinery for the purpose of collective bargaining.

'e. There was a valid and subsisting labor agreement which had been arrived at between The American Oil Company and O.C.A.W. relating to the approximately 1,100 operation and maintenance employees of The American Oil Company at its Texas City refinery, which agreement was entered into on January 8, 1960, and will be effective until at least June 30, 1962.

'f. There was no labor dispute between The American Oil Company and O.C.A.W. or the operation and maintenance employees of The American Oil Company represented by O.C.A.W.

'g. The N.M.U. had its pickets on 24-hour duty posted at all six of the gates at the entrances to The American Oil Company refinery at Texas City, including at the Main Gate and the Grant Avenue Parking Lot Gate, which gates were used exclusively by The American Oil Company refinery employees, including the approximately 1,100 operation and maintenance employees working for The American Oil Company under the aforesaid valid subsisting labor agreement.

'h. A primary purpose of the N.M.U. and of Sherman D. George, the Port Agent of N.M.U. whose duties included supervising N.M.U. pickets in Galveston County, Texas, in posting pickets at the Main gate and at the Grant Avenue Parking Lot Gate of The American Oil Company refinery at Texas City as referred to in g. above, and a natural and probable consequence thereof, was to secure the disregard, breach or violation by O.C.A.W. and by all or substantial numbers of the operation and maintenance employees of The American Oil Company at its Texas City refinery of the valid subsisting labor agreement referred to in e. above.

'i. At the time the order granting the temporary injunction referred to in Finding 2. above was rendered, and at the time of the issuance and service of the writ of temporary injunction referred to in Finding 5. above, there was a clear and present danger that the picketing of the Main Gate and Grant...