Sidebilder
PDF
ePub

Pope Motor Car Co. v. Keegan (150 Fed., 148).

The record discloses a temporary restraining order granted on the filing of complaint, with numerous affidavits and exhibits. Hearing on motion for preliminary injunction was had within eight days. At this proceeding argument was heard and oral evidence presented. A preliminary injunction was then allowed against such defendants as were shown to have participated in coercion and intimidation. The order is moderate in its terms and in the usual form, and the proceedings disclose the rights of defendants were fully protected by counsel and the court exceedingly strict in framing the order. Nothing can be found in the order or the proceedings not fully sustained by the uniform practice and decisions of the higher courts.

Nat'l Telephone Co. v. Kent (Circuit Court of the United States for the Northern District of West Virginia, 156 Fed., 173).

In this case an original and amended bill were filed. On the amended bill, exhibits, and affidavits, a preliminary injunction was granted. The defendants demurred to the bill on the ground that sufficient cause for the preliminary injunction was not presented. The court overruled the demurrer, holding that a boycott then being prosecuted was illegal and that a newspaper joined as a defendant could be restrained from publishing matter intended to carry on the boycott.

The position assumed by the court in this case is fully sustained by the Supreme Court of the United States in the case of Gompers v. Buck's Stove & Range Co. (219 U. S., 340).

Rocky Mountain Bell Telephone Co. v. Montana Federation of Labor (Circuit Court of the United States, Ninth Circuit, District of Montana, 156 Fed., 189).

The record discloses the injunction in this action was based upon a boycott directed against the telephone company during the course of a strike. The employees remaining in the service of the company were intimidated and assaulted, and by the same tactics others were prevented from entering its service, while a variety of abusive and threatening circulars were issued to merchants and business men, threatening the withdrawal of patronage from all merchants who used plaintiff's telephone lines during the trade dispute. Especially threatening circulars were distributed among plaintiff's actual female employees and applicants for employment.

The law of this case is fully sustained by familiar decisions of long standing, and the facts disclose a distressing condition in which women no less than men were subjected to threats and violence. It is a case which exceptionally justifies the issuance of an injunction, and, indeed, presents the writ in most beneficent operation.

X

« ForrigeFortsett »