Hardie-Tynes Mfg. Co. v. Cruise

66 So. 657, 189 Ala. 66, 1914 Ala. LEXIS 207
CourtSupreme Court of Alabama
DecidedNovember 7, 1914
StatusPublished
Cited by54 cases

This text of 66 So. 657 (Hardie-Tynes Mfg. Co. v. Cruise) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hardie-Tynes Mfg. Co. v. Cruise, 66 So. 657, 189 Ala. 66, 1914 Ala. LEXIS 207 (Ala. 1914).

Opinion

SOMEBVILLE, J.

The English and American courts have, Ave believe, AAdthout exception, held that the right to conduct one’s business, without the Avrong[74]*74ful and. injurious interference of others, is a valuable property right which will be protected, if necessary, by the injunctive processes of equity.—Gray v. Build, Trades Council, 91 Minn. 171, 97 N. W. 663, 63 L. R. A. 753, 103 Am. St. Rep. 447, 485, 1 Ann. Cas. 172; Vegelahn v. Guntner, 167 Mass. 92, 44 N. E. 1077, 35 L. R. A. 722, 57 Am.. St. Rep. 443; Beck v. R. T. P. Union, 118 Mich. 497, 77. N. W. 13, 42 L. R. A. 407, 74 Am. St. Rep. 421, 429.

They seem to- be unanimous, also, in holding that employees may rightfully organize themselves into associations for mutual protection and betterment; and that, having thus organized, they may by confederated action withdraw from, .or decline to enter, the service of any particular employer. And it may be further said that there is practically no judicial dissent from the proposition that in the accomplishment of their purposes of self-protection and self-betterment employees or nonemployees have no right to' use threats, intimidation, or violence against or upon employers, or upon their employees or strangers to induce them to- leave or not enter the service of the, former.—24 Cyc. 830, 831.

With respect to the “peaceful persuasion” of others not to enter an employer’s service, it may, perhaps, be said that such'a right is generally recognized by the courts, and injunctive relief, against it is denied, though it is to be noted that interference with existing contracts of service by inducing .those SO' contracting to violate their agreements is such a wrong as may be enjoined in equity.—24 Cyc. 838, and cases cited.

In regard to the practice of “picketing,” as that term is commonly understood, the courts are not in harmony. The consensus of judicial opinion is admirably stated in the following excerpt from the case note to [75]*75Jensen v. C. & W. Union, 39 Wash. 531, 81 Pac. 1069, 4 L. R. A. (N. S.) 302: “The lawfulness or unlawfulness of ‘picketing’ in the United States—as subsequently shown, it is otherwise in England in consequence of statutory provisions — must be determined in view of the fundamental principle, upon which all the courts are agreed, that the boundary between lawful and unlawful conduct in the effort to induce persons, not under contract, to leave another’s employment, is the line between peaceable persuaision und intimidation. As a practical matter, however, it is not always easy to determine exactly when peaceable persuasion ceases and intimidation commences, or so to frame an injunction that it will, in its practical operation, prevent intimidation without infringing the right of peaceable persuasion. Open threats, much less actual violence, are not an indispensable accompaniment or condition of intimidation. That which in appearance and outward form is but peaceable persuasion may, by virtue of the intent which lies behind it or the circumstances which surround it, carry a menace the practical effect of which is intimidation. Indeed, it is quite conceivable that, under the circumstances generally surround-ing a strike or other labor difficulty, that which was in good faith intended as peaceable persuasion, and designed merely to influence the voluntary action of employees or persons seeking employment, may by reason of the timidity or unprotected condition of persons upon whom it is exerted, operate practically as intimidation or coercion. Picketing a place of business where a strike is in progress, though in intent as well as in outward appearance maintained for the lawful purpose of persuading the classes of persons mentioned, has almost inevitably some tendency to-intimidate individuals belonging to those classes. This ten[76]*76clency lias induced a few courts, though they are in decided minority, to condemn picketing per se and under all circumstances as unlawful, or at least to enjoin picketing without qualification or exception by reference to intimidation, though even in cases of this kind the showing upon which injunctions have been granted has included facts indicating that the picketing had been accompanied by threats or other conduct amounting to actual intimidation.”

It is further said by the same writer (4 L. R. A. [N. S.] 304) : “Most of the cases that have passed upon the lawfulness of ‘picketing/- and whether the same should be enjoined, have expressly or in effect conceded that picketing is not per se unlawful, and that, if strictly and in good faith confined to the purpose of gaining information as to what persons remain in the employment, or what persons are seeking employment, or of peaceably persuading such persons, if not under contract, to leave the employment, or not to enter the employment, it Avill not be enjoined.”

It may be noted here that “pickets,” a Avord more or less appropriately borrowed from the nomenclature of warfare, is defined by the dictionaries as: “A body of men belonging to a trades union, sent to Avatch and annoy men Avorking in a shop not belonging to the union, or against which a strike is in progress.” — Century Dictionary; Webster’s Dictionary.

It is obvious that upon the established principles of the common law, and without the aid of statutory provision, the bill of complaint in this case contains equity ; and, indeed, this does not seem to be seriously controverted.

It is, however, urged on behalf of the respondents that the bill is demurrable in so far as it seeks to prevent peaceable picketing and the peaceable persuasion [77]*77of complainant’s workmen to leave their employment. Conceding, without deciding, that the demurrers raise this point, and that the iveight of authority in other states sustains it, the statutes of this state do not permit us to so hold. We notice briefly these provisions:

“Any person who entices, decoys, or persuades any apprentice or servant to leave the service or employment of his master” is guilty of a misdemeanor. — Section 6849, Code of 1907.

This section was construed in Abingdon Mills v. Grogan, 167 Ala. 146, 52 South. 596, as being applicable not only to menial servants, but also the employees of a mill;,and in Tarpley v. State, 79 Ala. 271, it was held that a similar statute was not obnoxious to the Constitution of the State.,

“Any two or more persons who conspire together for the purpose of preventing any person, persons, firm, or corporation from carrying on any lawful business within the State of Alabama, or for the purpose of interfering with the same, shall be guilty of a misdemeanor.”^-Section 6394, Code 1907.

“Any person or persons who go near to or loiter about the premises or place of business of any person, firm, or corporation engaged in a lawful business,- for the purpose of influencing * * * others not to trade with, buy from, sell to, or have business dealings with, such person, firm, or corporation, or to picket the works or place of business of such other person, firm, or corporation for the purpose of interfering with or injuring any lawful business or enterprise, shall be guilty of a misdemeanor.” — Section .6395, Code 1907.

“Any person who, by force-or threats of-violence to person or property, prevents, or seeks to prevent, another from doing work or furnishing materials, for [78]

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Bluebook (online)
66 So. 657, 189 Ala. 66, 1914 Ala. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardie-tynes-mfg-co-v-cruise-ala-1914.