United States v. Marine Engineers' Beneficial Ass'n No. 38

• Decision Date: 27 July 1921
• Docket Number: 254-- E.
• Court: U.S. District Court — Western District of Washington
• Parties: UNITED STATES v. MARINE ENGINEERS' BENEFICIAL ASS'N NO. 38 et al.

277 F. 830

UNITED STATES v. MARINE ENGINEERS' BENEFICIAL ASS'N NO. 38 et al.

No. 254-- E.

United States District Court, W.D. Washington, Northern Division.

July 27, 1921

Robert C. Saunders, U.S. Atty., and F. C. Reagan, Asst. U.S. Atty both of Seattle, Wash.

Turner Nuzum & Nuzum, of Spokane, Wash., and Daniel Landon, George A. Custer, William Martin, and G. E. Steiner, all of Seattle Wash., for defendants.

NETERER District Judge.

The plaintiff as the owner, charterer, and operator of a fleet of passenger and freight vessels, acting through the United States Shipping Board, represented by the Shipping Board Emergency Fleet Corporation, its agent, under the Act of September 7, 1916 (Comp. St. Secs. 8146a-8146r), and stating that it controls, through its said representative, wharf and dock facilities in the seaport of the port of Seattle, and certain shipyard plants in said city, brings this action alleging corporate entity and association relation of the six different defendants, and that the plaintiff is operating a fleet of vessels for the purpose of establishing a merchant marine in the United States; that it is necessary for the re-establishment and conduct of the business of said merchant marine that the plaintiff and its agents, the United States Shipping Board Emergency Fleet Corporation, and any other agent or agents to whom the vessels of the plaintiff are allocated, chartered, or assigned, for operation by contract, 'which in general terms provides that such agent agrees to man, equip, victual, and supply such vessels, and to pay for the account of the plaintiff the costs thereof and all other costs and expenses incident to the management, operation, and business of such vessels, be able to use freely, fully, and without hindrance or obstruction the said properties, as well as avail itself of the services of all persons entering into its service in the operation of its merchant marine'; and that the port of Seattle is a seaport at which there arrive and from which there depart a great number of vessels of the plaintiff for the purpose of discharging and lading cargo, and that the plaintiff has on the date of the filing of the bill of complaint in said harbor, either just arrived or ready to depart, 'at least ten vessels of its merchant marine fleet * * * '; that prior to May 1, 1921, the plaintiff, through its said agents, notified the defendants, 'and each and all of them, that the then existing scale of wages paid to the employees of various vessels operated by the plaintiff, as aforesaid, would be reduced 15 per cent.,' and that on May 1 the individual members of the defendant corporations and associations 'walked out and left the vessels of the plaintiff, and refused to work for the plaintiff upon its terms and conditions * * * '; that 'each and all of the defendants have ever since said May 1, 1921, been obstructing and hindering the plaintiff and its agents in the operation of its ships and its plans * * *; that the defendants and each and all of them have been guilty of threats, intimidation, and violence against all persons able and willing to work for the plaintiff and its agents upon its terms, and that they have picketed, paralyzed, and otherwise interfered with and obstructed the plaintiff and its agents in their efforts to keep said vessels of plaintiff's merchant marine from sailing * * *; that on and ever since the said 1st day of May, 1921, each and all the defendants and members of the various corporations, volunteer associations, and organizations named as defendants herein, have trespassed upon the property of the plaintiff herein, and upon its vessels; that they have deliberately and purposely intimidated, threatened, and assaulted citizens of the United States of America who desire to enter the employ of the plaintiff for the purpose of manning and operating its vessels aforesaid * * *; that the plaintiff, in the operation of its vessels, gives preference to native-born Americans and/or citizens of the United States; that the defendant Sailors' Union of the Pacific, Seattle Branch, a corporation, is largely composed of aliens and/or naturalized citizens of the United States, which union has in effect a so-called 'list system' by which the plaintiff is precluded from giving employment to native-born American citizens until after aliens who are members of this union and precede them on the list have been employed; that each and all of the defendants and pickets stationed around plaintiff's property and vessels, whom plaintiff alleges to be members of the various corporations and organizations, * * * are arrogant, impudent, and discourteous * * *; that the shippers, customers, forwarders, importers, and exporters of the plaintiff are being driven away deliberately by the defendants and each and all of them as aforesaid * * *; that the officers and agents of the various organizations, unions, and corporations named as defendants herein have openly admitted that they are no longer in control of their members, and state that, if any violence and trespassing occurs, they are no longer able to control the members of the various organizations * * *; that the defendants are insolvent, and are not able to respond to the plaintiff for damages * * *; that the sole and only cause of action of the defendants and each and every one of them, as alleged herein, is that the plaintiff has declined to pay a scale of wages fixed and demanded by the defendants and each and every one of them * * * '-- and then alleges damage to the plaintiff and prays for injunction.

The defendants each appear separately. The Marine Firemen Oilers, and Water Tenders' Union of the Pacific, Seattle Branch, appearing specially for the purposes of the motion, moves to dismiss, stating that it is impleaded as a corporation organized under the laws of Washington, but is a branch organization, organized by the Marine Firemen, Oilers, and Water Tenders' Union of the Pacific, a corporation under the laws of California, and this branch is maintained by the members living in Seattle for their mutual help and protection, and that the parent corporation is a citizen of California and not subject to the jurisdiction of this court. The Marine Engineers' Beneficial Association moves to dismiss on the ground that the action is not brought in the name of the real party in interest, and in the alternative demurs on the ground of a misjoinder of parties plaintiff and defendant, and that the bill of complaint does not state a cause of action, and further answers denying all of the equities of the bill. The Masters, Mates, and Pilots of the Pacific answer, denying all of the equities of the bill, and making a complete denial of the acts charged against the said defendant. The Sailors' Union of the Pacific, Seattle Branch, and P. V. Gill, secretary, specially appear for the purpose of the motion, saying that it is impleaded as a corporation, but is in fact a voluntary association. The Marine Cooks and Stewards' Association of the Pacific and John Norkgauer, secretary, appear specially, and say that they are impleaded as a corporation, and in fact are not a corporation, but a voluntary association. The Neptune Association appears and moves that the restraining order issued be dissolved, and files a number of affidavits...