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IS lirili LUAL IKADii tfULLUllN.
tude of the strike and the importance of the cause
in which they are enlisted and no trespass on
private property is committed, and no acts of
disorder are indulged in; then I can see nothing
more unlawful in their conduct than in that of
those who take part in our political parades, or in
the camp and
MARCHES OF THE SALVATION ARMY.
Noise and display and hurrahs and number are
not necessarily unlawful."
To the thoughtful and intelligent there may be
no argument and logic in such things by which the
interest in a cause affecting large bodies of men
is advanced. But in the swaying of men and the
enlisting their sympathies, and in reaching out
after their support they are continually resorted
to in all departments of human activity, even in
the support of the cause of religion." It is one
of the indefeasible rights of a mechanic or a laborer
in this commonwealth to fix such value on
his services as he sees proper, and under the constitution
there is no power lodged anywhere to
compel him to work for less than he chooses to
accept. But in this case the workmen went further;
they agreed that no one of them would work
for less than the demand, and oy all lawful means,
such as reasoning and persuasion, they would prevent
other workmen from working for less. Their
right to do this is also Ciear. Cote vs. Murphy
et al., 159 Pa., 425.
We have not been able to find a case where an
injunction was maintained where tne means employed
by the defendants were peaceable, and there
were none cited. The right of persuasion and
argument is recognized in many cases in addition
to those above cited.
The means used by tne defendants, o.-er than
those already named in connection with the two
instances of threats and assaults, were peaceable
and fair and did not in any way restrict the strike
breakers in the free exercise of the will. Even the
offer or the payment of money to induce them to
quit left them free to do as they pleased.
For all these reasons we conclude that the defendants
were within their rights in doing all
they did. It follows, therefore, that the injunction
must be dissolved, excepting as to the defendants
Robert Glover. Pat Moriarity. David Sterling,
Thomas Naylor, John G. Parsell, George
Somers and William Waddell.
There is another matter to which it may be
well to call attention of counsel as a question of
practice.
The motion to dissolve the temporary injunction
on the filing of the answer, was discussed exhaustively
by the respective counsel. The general
rule of equity pleading invoked by defendants'
counsel—that when the answer positively denies
every material allegation of the bill and the issue
is tried on hill and answer,
CREDIT MUST BE GIVEN
the answer and the temporary injunction dissolved,
is a rule of law of long standing in all the states,
and sustained by innumerable decisions in this
state. When the answer denies the equities of
the bill, the presumption of the truth of facts
stated in the bill is shifted to the answer and the
denial is taken to be true. This is the general,
though not universal, rule. There are exceptions
to its application. For instance, if the allegations
in the bill should concern a powder or dynamite
manufactory, or a public nuisance where danger to
life and limb was imminent, or concerned railroad
crossing at grade, where the public interest or
safety was at hazard, the rule would not be enforced
and the temporary injunction would stand.
It appeared from the restarch of the counsel for
defendants that the case at bar which charges
"irreparable injury" to plaintiff also fell into the
class of exceptions (see Patterson's appeal, 129
Pa., Section 109, and Railroad vs. Railroad, 151
Pa., Section 402), and their request to withdraw
the motion to dissolve was granted.
The injunction should be dissolved and bill dismissed
as to Adam Guy, Wm. McLaughlin, Ed. F.
Hayes, C. W. Swinsick, Harry Wellock, John W.
Kelly, Hugh L. Coughans, Joseph Ginter, Rudolph
Rudinxski, Mike Kamis, Robert Lindie, Isaac Naylor,
Walter Lucas, John P. O'Dea, James Purcell,
Herman Ginsburg, John Turner, Louis Lambaski,
Frank Sheffer, John X. Jenkins, David Estep, Alexander
Hutchinson and Edward Carlson.
2. The conduct of the defendants, Robert Glover,
John G. Parsell, David Sterling, George Somers,
Jr., Wm. Waddell, Thomas Naylor and Patrick
Moriarity is an unlawful combination and conspiracy
to injure the plaintiff company and to interfere
with its business.
3. This unlawful conduct and acts of the last
above named defendants did injure the plaintiff
and continuing and threatening the acts constitute
an irreparable injury to the plaintiff company and
of its rights.
4. The plaintiff company had no adequate rem­
edy at law, but have a remedy in equity.
5. The injunction should be continued as to
the defendants: Robert Glover, David Sterling,
George Somers, Jr., Thomas Naylor, John G. Par-
sell, Wm. Waddell and Patrick Moriarity.
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