My Maryland Lodge No. 186 of MacHinists v. Adt

McSherry, C. J., delivered the opinion of the Court. This case arose upon a bill of complaint filed in the Circuit Court of Baltimore City by John B. Adt, against My Maryland Lodge No. 186, International Association of Machinists; The Brewers Engineers Union; The Baltimore Federation of Labor, Liberty Association of Steam Fitters of Baltimore, Local Branch No. 61 of National Association; Henry F. Vollmer, business agent, Fred. Heuer, individually, and business agent, and C. E. Dotson, business agent. The bill sought an injunction against the defendants to restrain them from boycotting the business of the plaintiff It will be necessary to state somewhat in detail the various averments of the bill SO' that the precise questions involved may be more readily understood.

It is charged that the several organizations named as defendants are unincorporated, and that they, together with the individual defendants, and other members and officials of the said organizations, are engaged in joint and concerted action and design to accomplish the results which will be later set forth. It is charged that on the 25th of May, 1903, My Maryland Lodge No. 186, at the instigation, and upon the request of the Baltimore Federation of Labor, caused a demand to be made upon the plaintiff for an increase of ten per cent on the amount of wages which he was then paying to his employees: That on the 16th of June following, a petition was served upon the plaintiff, who is engaged in the manufacture of machinery, especially machinery used by the brewing companies of Baltimore, signed by a number of his employees making a like demand for a ten per cent increase of wages. The petition, the plaintiff alleges, was signed by his employees under duress and unwillingly at the instigation of My Maryland Lodge No. 186: That about the 30th oí June, ²⁴⁵ a committee of the same lodge called on the plaintiff and threatened that if their demand for an increase of wages was not complied with, his employees would be ordered to go on a strike next day. The bill further charges that the plaintiff refused to comply with these demands because the rate of wages he was then paying his employees was equal to seven per cent increase over the scale of wages which then existed in shops of like character in the city, but that he was ready and willing to grant an addition of three per cent increase which with the seven per cent just alluded to, would make a total of ten per cent: That on the ist of July, all the machinists engaged by the plaintiff struck: That on the 15th of July, the employees of the plaintiff still being on a strike, a committee from The Baltimore Federation of Labor called upon the plaintiff to adjust the alleged difference between him and defendant organization, The International Association of Machinists.

The plaintiff replied to the demand of said committee, that he had nothing to adjust, and thereupon he was threatened, that unless he acquiesced in the demands made, he would be placed on the unfair list, and published throughout the city, as unfair to union labor; and further, in combination with the other defendants, they would prevent any other person from accepting employment in the plaintiff’s works, would close his shop, and injure and destroy his business. That about the 15th ot August, the defendants in pursuance of the combination and conspiracy charged against them in the bill, proceeded to carry out their threats; and the bill then goes on to set forth various acts which it is alleged the defendants committed in furtherance of their plans and purposes to destroy the plaintiff’s business. It is distinctly charged that they appointed and caused certain of their number and other persons unknown to the plaintiff, to picket the streets near and around his works, by means whereof the defendants kept up a constant espionage upon all the business of the plaintiff. That they have appointed and caused certain of their number, and others unknown to the plaintiff, to follow his wagons and workmen, and in this manner, discovered where work was ²⁴⁶ being done by him and for him, so that they could more completely harass him in carrying on his business by threatening his customers that unless the work the plaintiff was doing for them was stopped, the customer himself would be boycotted.

The bill then goes on to give specific instances where work undertaken by the plaintiff was stopped because of the interference and the threats made by the defendants or some of them. It is charged that the plaintiff erected for The Frank Steil Brewery a steam pasteurizing plant, in consequence of which circulars were printed and distributed by the Baltimore Federation of Labor boycotting the beer made at that brewery, solely because the machinery-was erected by the plaintiff. A copy of the circular filed with the bill is as follows: “Don’t drink Frank Steil’s beer, he has been declared unfair by the Baltimore Federation of Labor, for getting his machinery from the unfair firm of John B. Adt. ” A similar circular was issued to induce persons not to buy ice from J. F. Wiessner of Highlandtown, “ he has” says the circular, “been declared unfair by The Baltimore Federation of Labor, he gets work done by the unfair firm of J. B. Adt.” Other allegations follow with respect to work being done and materials being furnished by the plaintiff for other breweries, which it is averred discontinued their patronage because of threats of boycotting made by the defendants. By the 13th paragraph of the bill it is charged that the defendants have notified all breweries and other manufacturing concerns that they must not have work done by the plaintiff, and that the instances above set forth are only a few cases were the defendants have illegally and wrongfully interfered with his business.

It is further charged that all of these illegal threats, published words and wrongful conduct, were spoken, published and done, and are being continued, in carrying out the lawless conspiracy, combination and design entered into by the defendants. The bill alleges further that by reason of the illegal and unlawful acts of the defendants the plaintiff is unable to fill contracts made by him, or to deliver materials manufactured by him, to his great and irreparable injury: That the defendants are persisting in and ²⁴⁷ continuing the said unlawful acts, and are using all their ability to prevent the plaintiff from securing orders and thereby to cause and compel him to close down his works, and to suspend and discontinue his business. Upon this and other allegations an injunction was asked against the defendants to restrain them from interfering with the plaintiff’s business. The Circuit Court passed an order directing an injunction to be issued unless cause to the contrary were shown by a certain date.

The defendants thereupon filed an answer denying in detail every allegation of the bill, though admitting that Voll mer had distributed the circulars individually and not in behalf of the other defendants. A replication was filed and the plaintiff commenced to take testimony. After testimony had been taken for some days the plaintiff filed a petition reiterating the averments of the bill of complaint, and charging that the defendants were still engaged in the acts set forth in the bill of complaint, and praying that an injunction might issue during the pendency of the cause. The petition asserts that the plaintiff’s business has dwindled from $18,000 a year to less than $3,500 in consequence of the wrongful acts of the defendants.

This petition was also answered, and its averments were denied. Accompanying the petition were sundry affidavits, which will be considered later on. On the 1 ith day of June, 1904, an order was signed directing the injunction to issue in the words following: “Ordered by the Circuit Court of Baltimore City this nth day of June, 1904, upon the foregoing petition and affidavits, that a writ of injunction be issued as prayed in said petition, upon the filing of a bond by the plaintiff in the penalty of $5,000 with security to be approved by the Clerk of this Court, the said writ to enjoin the defendants in this case and each of them, their and each of their agents, officers, members, representatives and confederates from in any manner interfering with or hindering or attempting directly or indirectly to interfere with the said plaintiff, John B. Adt, his agents, servants and employees in conducting his said business by following his said delivery wagons in the streets for the purpose of finding where work is to be ²⁴⁸ done; or from going to or sending any communication, letters or circulars to places of business or breweries or manufactories where the plaintiff has done work or is now doing work, or shall hereafter do work, for the purpose of inducing, persuading or compelling by threats, or intimidation in any other manner, the owner or owners of such places of business, breweries or manufactories, their agents, servants or employees to withhold or fail to give the complainant such work as they might otherwise give him or to compel him to stop any work ordered from or commenced by him; from publishing, printing, writing or circulating in any manner whatever any matter or thing that would tend to discredit in the eyes of the public, or to injure the business of any person for whom the plaintiff has done, is now doing, or will hereafter do work by reason of such work; from in any manner boycotting the said plaintiff or his manufactured goods or anyone for whom the plaintiff has worked, is now working, or shall hereafter work, or manufactured articles of such last-named person by reason of such work; and from in any way menacing, hindering or obstructing the plaintiff by interfering with the business of customers in the full enjoyment of such patronage or business as he might possess independent of such interference.” From this order the pending appeal was taken. With the exceptions of the affidavits accompanying the petition, the evidence adduced below is not before us on this appeal.

The testimony taken in the cause prior to the granting of the injunction is not contained in the record with which we are now dealing. If the averments of the bill are finally sustained by the evidence, it is clear we think that the plaintiff is entitled to the relief he seeks. In 8 Cyc., p. 639, a boycott is thus defined: ‘‘This term ordinarily means the confederation, generally secret, by many persons whose intent is to injure another by preventing all persons from doing business with him through fear of incurring the displeasure, persecution and vengeance of the conspirators. The character of the agreement included in the term defined is highly unlawful, and is an indictable conspiracy.” The Courts have generally con ²⁴⁹ demned those combinations usually termed boycotts which are formed for the purpose of interfering, otherwise than by lawful competition, with the business affairs of others, and depriving them by means of threats and intimidations of the right to conduct the business in which they happen to be engaged according to the dictates of their own judgments.

The right of an individual to carry on his business as he sees fit, and to use such implements or processes of manufacture as he desires to use, provided he follows a lawful avocation and conducts it in a lawful manner, is entitled to as much consideration as his other personal rights; and the law should afford protection against the efforts of powerful combinations to rob him of that right and coerce his will, by intimidating his customers and destroying his patronage. Hopkins v. Oxley Stave Co., 28 C. C. A. 99 ; 8 Cyc. 640. It would serve no useful purpose to review the great number of cases that have been decided in England and this country, upon the subject now at issue. The plaintiff was engaged in a lawful business, and was carrying it on in a lawful way.

There is no pretense that he had done anything to any of the defendants which was either illegal, immoral or unjust. He was paying wages to his employees at a higher rate than wages paid by other establishments, and was willing to still further increase them so as to reach the ten per cent addition which the defendants demanded he should pay. The law protects him in his right to employ whom he pleases, at prices which he and his employees can agree upon, and he has the further right to discharge them at the expiration of their term of service, or for violation of their contract. This right must be conceded, or personal liberty is a delusion.

On the other hand the employees have a perfect legal right to fix a price upon their labor, and to refuse to work unless that price is obtained. They have that right both as individuals, and in combination. They may organize to improve their condition, and to secure better wages. They may even use