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· 11/8/1902

Union Pac. R. Co. v. Ruef

Citations

  • 120 F. 102
  • 1902 U.S. App. LEXIS 5308

Syllabus

<p>1. Injunction — Labor Strike — Acts of Violence and Intimidation.</p> <p>Tbe action of labor organizations whose members are engaged in a strike, in undertaking to prevent the employer from carrying on its business by preventing other men from entering or remaining in its service by assaulting them or intimidating them by means of picketing, or by •threatening them or their families to such an extent that such employes are afraid to go to or from their place of work, is an illegal invasion of both the property rights of the employer and the personal rights of its workmen, which a court of equity will enjoin where there is no adequate remedy at law.</p> <p>8. Same — Protecting Right of Contract.</p> <p>The law upholds and will protect the right of freedom of contract between employer and employe; the right of every person or corporation to hire and discharge men at pleasure, subject to liability for damages for breach of contract, and the right of every man to work or to quit work at his pleasure, subject to the same liability, making no distinction between union and nonunion workmen.</p> <p>8. Same — Picketing.</p> <p>Picketing by a labor organization whose members are engaged in a strike, in and of itself, where properly conducted, is lawful; but when accompanied by violence, or any manner of coercion or intimidation, to prevent others from entering or remaining in the service of their employer, it is unlawful.</p> <p>4. Same — Equity Jurisdiction — Violation of Criminal Law.</p> <p>That assaults committed .and threats of violence made by strikers may be subject to punishment under the criminal laws does not deprive a court of equity of jurisdiction to enjoin their continuance, when necessary to protect the complainant’s property or business from civil injury.</p> <p>J5. Same — Acts of Labor Unions — Liability of Members.</p> <p>Where a labor organization whose members are engaged in a strike institutes a system of picketing around the works of the former employ

Judges: McPherson, Munger

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