Lucke v. Clothing Cutters & Trimmers' Assembly No. 7507

Roberts, J., delivered the opinion of the Court. This is an action brought by the appellant to recover damages for the wrongful and malicious interference of the appellee, by which he was discharged from his em ³⁹⁸ ployment in the New York Clothing House, and prevented the free exercise of his trade and occupation, and thereby deprived of his means of livelihood. It appears from the testimony produced on the part of the appellant in the Court below, that the trade of the appellant was that of a customs cutter,” that is one who took the measure of customers desiring to have clothing made to order, cut the material according to measurement, and fit the same on the customer. This had been his trade for twenty years, and he was a thoroughly skilled man in his trade, and had since the year I860 been a citizen of Baltimore City.

In August, 1891, he was employed by Rosenfeld Brothers, (trading as the New York Clothing House) as a customs cutter, at a salary of thirty dollars a week. At the time of his employment he was assured by Rosenfeld Brothers that in the event of his work proving satisfactory to them, they would give him permanent employment. Subsequently his employers informed him that they were entirely satisfied with him, and that they would retain him in their service as long as he might choose to remain. Shortly thereafter Isaac Rosenfeld, one of the members of the firm of Rosenfeld Brothers, called his attention to the fact that certain members of the appellee corporation were complaining of his employment, on the ground that he was a non-union man, that is, he was not a member of the appellee, which is a labor union, and a branch of the general organization known as the K. of L., or Knights of Labor; thereupon the appellant expressed his willingness to become a member of the appellee, and requested a witness, named Franz, who testified at the trial below, and who was a member of the appellee in good standing, to present his application, as the appellee being a secret organization, he could not obtain access to its meetings, for the purpose of presenting the application in person.

The appel ³⁹⁹ lant had been informed by several members of the appellee, that the manner in which he had made his application, was the only way in which it could be done. Franz subsequently informed the appellant that he had made application to the appellee for his admission, but the appellee could not act on it that night, which was in the early part of December, 1891, owing to the fact that they had too many union men out of employment, but that they would act on it in February; that in February, about a week before the appellant was discharged, a committee of certain members of the appellee called at the New York Clothing House to inquire about the matter of the appellant's employment while he was a non-union man; one of the committee was Michael, the Master Workman of the appellee, whose position in the organization was equal to that of president; the committee spoke to the appellant concerning his not being a member of the appellee, when he stated then that he had made application for membership through one of their members, and expressed his willingness to join their organization; they then informed him that everything would be satisfactory, and said that they would see that everything would be properly attended to, and went away leaving the appellant under that impression. The appellant heard nothing further until the following Saturday, when one of the firm of Rosonfeld Brothers exhibited to him a notice which the firm had received from the appellee, as follows: “Clothing Cutters and Trimmers, L. A. 7507, K. of L. Baltimore, February 16, 1892. “Messrs. Rosemkld Bros. “Gentlemen: — Clothing Cutters and Trimmers L. A. 7507, K. of L. do herewith desire to inform you, that in case the non-union man, whom you have in your om- ⁴⁰⁰ ploy is any longer retained, we will be compelled to notify all labor organizations of tbe city, that your Louse.is a non-union one.

Trusting you may give tLis matter due consideration, We are respectfully yours, ClotLing Cutters and Trimmers, L. A. 7507, K. of L. Jno. G. Nagengast, Secretary.” That upon receiving said notice the said firm immediately notified the appellant that he would have to go, and did in fact discharge him from their employ, at the same time notifying the appellee of their action by sending them the following letter: “Office of New York Clothing House, 102 and 104 East Baltimore Street, Opposite Light Street. Baltimore, February 18, 1892.” “ John G. Nagengast, Esq., No. 31 S. Washington, city. “ Dear Sir: — Your letter received, and your request will be granted, the gentleman referred to, will be discharged Saturday night. Yours respectfully, Roseneeld Bros. , “Cutters and Trimmers.” J. W. Froy.” The appellant further proved that at the time of his discharge his employers were entirely satisfied with his work, and anxious to retain his services; that at the suggestion of his employers he went to see Mr. Michael, the Master Workman, and asked him why he had been treated in the way he had; Michael responded that he knew it was a wrong being done him, but that the appellee had passed a resolution not to accept any more mem ⁴⁰¹ hers, and that was the only ground of their action, and they did so because there were so many union men out of employment; that he, Michael, had made an effort to procure a repeal of the resolution, but had been unable to do it.

Michael informed the appellant that there was no objection to his becoming a member of the appellee. The appellant further proved that he was never informed by any one that it was necessary for him to appear before an examining board, or to take any further steps, or to do anything further than ho had done, in order that he might become a member of the appellee. Appellant was a married man, and after his discharge, he made every effort he could to obtain work, but after the action taken by the appellee it was impossible for him to secure a position with any of the clothing-houses, and at the time of his discharge he was unable to procure service with the merchant tailors, owing to its being their dull season, and he did not, until the following April, obtain employment which was from a merchant tailor, at five dollars a week less than he received from Rosenfeld Brothers; that he had been employed by Rosenfeld Brothers by the week, but after he had been there awhile he was told that his employment was permanent, but that they had the right to discharge him at the end of any week. It was in proof by one of the Rosenfeld Brothers that the appellant was a first class “customs cutter,” that he “filled the bill exactly,” and that their firm wore entirely satisfied with him, and would not have discharged him but for the objection of the appellee; that they discharged him on account of the letter received from appellee, dated February 16th, and by letter dated February 18th, they notified the appellee of the receipt of its letter, and stated that “its request would be granted, and the gentleman referred to will be discharged Saturday night;” to which there was no reply by the appellee.

Witness further proved that in ⁴⁰² his opinion as a consequence of the failure of his firm to discharge the appellant, their patronage would have fallen off to the extent of organized labor, and that all the union cutters would have been ordered out, and that it would have gone still further than that; that not only the people who cut the material, but those that sewed on the work, would have been stopped from cutting or sewing for us, and if the union men in our employ at the time the appellant was discharged, had been called out, and left, the effect would have been to cause us great loss, as we had on hand at that time a number of contracts. The appellee then offered evidence tending to prove that the by-laws of the organization required application for membership to be made in a certain manner, with which the appellant had not complied; that the local law of the appellee and the general law of the Order of the Knights of Labor, prohibited the calling out of their members, because of the employment of non-union men. It was also testified on the part of the •appellee, that in talking to Mr. Rosenfeld, no one had used fraud or intimidation in regard to calling out members if he did not make the New York Clothing House a union house. The appellee then had a membership of five hundred.

In the month of January, 1891, the firm of Rosenfeld Brothers had promised the appellee that they would employ none hut union men, provided the appellee would include the New York Clothing House among the names of those houses, which the appellee was publishing monthly in the Critic, a paper devoted to the interest of labor organizations, the publication of said names was as follows: “The Critic. Saturday, February 14th, 1891. Issued Monthly, February, 1891. To Organized Labor.” ⁴⁰³ “'All members of labor organizations are most respectfully urged to buy or have their clothes made by the clothiers named in this advertisement, and to use their influence among their friends to follow their example.

The prices of these firms will be found as low as nonunion firms, and the work will be more reliable and satisfactory. “Clothing Cutters and Trimmers’ Assembly, 7507, K. of L., takes pleasure in recommending to members of labor organizations, and all friends of labor generally, the following named firms, whose work is exit and trimmed by members of L. A., 7507, K. of L.” Then follows the names of nine houses of which the New York Clothing House was one. The statement is formally signed by “Frank Armiger, Master Workman, and J. <t. Nagengast, Recording Secretary.” Appellee further proved that the effect of the refusal of the New York Clothing House to discharge the appellant upon receiving the appellee’s letter of Februaiy IGth, 1892, woxild have been to cause the withdrawal by the appellee of said house’s name from the list of those advertised in the Critic. These are the facts, a full statement of which is necessary to a proper understanding of the merits of the controversy, and the disposition of the same.

The case was taken froxn the consideration of the jury by the prayers granted at the instance of the appellee, on the ground that there was no evidence in the cause legally sufficient to entitle the appellant to recover in this action, which, in legal effect, is nothing more than a demurrer to the evidence. We are therefore to inquire whether the Court below committed error in granting the instructions asked for, by which the case was taken from the jury. The appellant’s engagement with Rosenfeld Brothers as a “customs cutter,” commenced in the month of ⁴⁰⁴ August, 1891, and continued to the month of February, 3892, and was to continue as long as his work proved satisfactory. His work gave entire satisfaction to his employers who, however, retained the right to discharge him at the end of any week; but a member of the firm testified that they would not have, discharged him but for the objection of the appellee.

The appellee on the 16th day of February, 1892, sent Rosenfeld Brothers a written notice informing them, “that in case the nonunion man whom they had in their employ was any longer retained, it would be compelled to notify all labor organizations of the city that their house was a non-union one. ” How many similar organizations there were in the city the record does not disclose, but the membership of the appellee is five hundred. This notice the Rosenfeld Brothers construed to mean, that if they retained the appellant in their employ, they would lose the patronage of the labor organizations, and that the union labor which they then employed would be ordered out, or they would have to quit work, the effect of which, as testified by Mr. Rosenfeld, would have been to cause his firm great loss, in consequence of their having a number of contracts on hand at that time. There are several inquiries which arise out of the facts just stated: First. Had the appellee justifiable cause in pursuing-the course which it did in threatening said firm, that if they retained the appellant any longer in their employ, it would be compelled to notify all labor organizations of the city, that their house was a “non-union house” ?

Second. Was the conduct of the appellee in the course pursued by it towards the appellant wrongful or mali.cious? Third. Had Rosenfeld Brothers reasonable ground to anticipate loss or injury to themselves in consequence of the action of the appellee ? ⁴⁰⁵ The first and second propositions can be considered together, as they are somewhat reciprocal in the relation they bear to each other.

It is contended on the part of the appellee that it did not, by sending the notice of February 16th, to Rosenfeld Brothers, contemplate any such course as that which has been attributed to it, and that the local law of the appellee, and