Goldberg, Bowen & Co. v. Stablemen's Local 8760

This is an action for injunction to restrain the defendants, who are members of the Stablemen’s Union, Local No. 8760, from doing certain alleged damaging acts to plaintiff, which acts are mostly connected with what is called a “boycott” of plaintiff’s business by the defendants. A demurrer on the general ground that the complaint does not state facts sufficient to constitute a cause of action, and also on some special grounds, was interposed by defendants. The demurrer was overruled; and defendants declining to

We see no merits in the special grounds of demurrer, and do not deem it necessary to specially notice them. The main question is whether the complaint states facts sufficient to constitute a cause of action.

The plaintiff was a corporation, and at the time mentioned in the complaint,was engaged, at its places of business, “in selling groceries and general household goods to various patrons and customers with whom it had established business relations, and with the public in general, upon whose patronage and trade plaintiff depends for its existence. ’ ’ Its places of business were No. 432 Pine Street, and No. 232 Sutter Street, in the city and county of San Francisco. It also had a place at No. 965 Sutter Street which was used as a stable, in which the horses and vehicles used in carrying on its business were kept and cared for. It -is averred that in September, 1904, defendants notified plaintiff at its place of business, No. 432 Pine Street, that plaintiff must continue to pay certain wages to its employees at said stable, or defendants would order a strike and cause all of the union stablemen employed by plaintiff, of whom there were many, to quit plaintiff’s employment. On or about October 3, 1904, plaintiff notified defendants that it would not comply with said demand, but would exercise the right to pay its said employees what employees in the same kind of work were receiving from their employers. It is further averred that thereupon, and on or about said October 3, 1904, “the said defendants entered into a combination, confederation and conspiracy, for the purpose of coercing plaintiff to subject the control of its business to the said Stablemen’s Union, Local No. 8760, and the members thereof, by inaugurating and declaring a boycott on the said business of said plaintiff, and thereupon and on the 3d day of October, 1904, in pursuance of said unlawful combination, confederation and conspiracy, placed and continue to place, representatives or pickets in front of the places of business of plaintiff, carrying placards or transparencies which are false in fact, bearing the words and figures as follows, to wit: “Unfair firm; reduced wages of employees 50c per day. Please don’t patronize.”

It is further averred “that subsequent to the 3d day of

It is further averred “that the defendants in furtherance of their said combination, confederation and conspiracy, have placed and continue to place in front of the aforesaid places of business of plaintiff said representatives or pickets, and that said representatives or pickets are for the purpose of not í only inducing but intimidating the non-union employees of II plaintiff to quit its service, and are for the purpose of intimi- J dating patrons and customers of plaintiff who may desire/ or attempt to do business with the said plaintiff.” It is* further averred that by means of said representatives and pickets placed in front of plaintiff’s said places of business bearing the placards and transparencies above described, “many patrons and customers of said plaintiff have been and now are frightened and intimidated from entering the places of business of plaintiff.” It is further averred “that the said pickets or representatives are still engaged in the acts herein complained of, and threaten to continue the commission of the acts and each of the said acts to the_ irreparable damage and injury of this plaintiff, and that by reason of and by consequence of the acts herein set forth, plaintiff has already been damaged in the snm of $500.00, and if the said acts still continue, and the said defendants threaten to continue the said acts as hereinbefore alleged, plaintiff will be irreparably damaged, and his business will be greatly injured, if not de

We think that the complaint clearly states facts sufficient to constitute the cause of action alleged. It is not necessary here to undertake to define the limits .within which a number of persons conspiring for the purpose of injuring the business of another may legally do acts tending to accomplish that result. It is averred in the complaint that in the case at bar, and for the purpose above stated, and with intent to threaten and intimidate employees and patrons and customers of plaintiff, the said defendants do keep immediately in front of plaintiff’s place of business, and threaten to so keep there, representatives and pickets bearing the placards and transparencies above set forth, and that by said means they have intimidated patrons and customers of plaintiff from entering said place of business, and will, if not restrained, continue to so intimidate the said patrons. It cannot be successfully contended that the said acts of defendants committed immediately in front of plaintiff’s place of- business as aforesaid, could not, in the nature of things, have had the effect of intimidating plaintiff’s patrons, and as it is averred that they did have that effect, the fact of such intimidation must, for the purposes of this case, be considered as established. And such acts, having such effect, undoubtedly interfered with and violated plaintiff’s constitutional right to acquire, possess, defend, and enjoy property. In many cases cited in respondent’s brief a “boycott” was enjoined without reference to the means used to carry it into effect; as, for instance, in Oxley Stave Co. v. Coopers’ etc. Union, 72 Fed. 695 , it was held that “A boycott by the members of trades unions or assemblies (which term in law implies a combination to inaugurate and maintain a general proscription of articles manufactured by the party against whom it is directed) is unlawful and may be enjoined.by a court of equity.” But there is no necessity to go that far in the case at bar; here the alleged acts tended directly to intimidate customers, and did intimidate them. That in such a case the threatened acts will be enjoined has been' frequently held. In Allis Chalmers Co. v. Reliable

Appellants make the bare statement, without argument, that “an injunction in this case is also specifically forbidden by Penal Code, page 581.” The section of an act of the legislature there referred to, is somewhat difficult of construction ; but, in the first place, it cannot, in our opinion, be construed as undertaking to prohibit a court from enjoining the main wrongful acts charged in the complaint in this action; and, in the second place, if it could be so construed, it would to that extent be void because violative of plaintiff’s constitutional right to acquire, possess, enjoy and protect property.

It is contended by appellants that the judgment rendered in this case is too comprehensive, and enjoins them from doing some acts which are not within the averments of the complaint, or within the principle, even if conceded to be correct, upon which the court below based its conclusion. We think that this contention must be sustained, to the extent at least as is hereinafter stated. Some parts of the judgment seem to enjoin appellants from the mere expression of an opinion at any time or place as to plaintiff and its business,

which would, at the worst, consist only of slander, which could not be reached in this form of action, and seem to restrain them from doing other things which do not appear to be connected with or incidental to the main acts and threat-

ened acts done at and in front of plaintiff’s said places of business as above stated. The judgment must, therefore, be modified so as to eliminate those objectionable parts.

The judgment, after the first paragraph thereof, is amended

Shaw, J., Lorigan, J., Sloss, J., Angellotti, J., Henshaw, J., and Beatty, C. J., concurred.