Lyon & Healy v. Piano, Organ & Musical Instrument Workers' International Union

124 N.E. 443, 289 Ill. 176
Illinois Supreme Court·Decided June 18, 1919·No. No. 12451·Published·Cited by 15 cases

Opinions

Mr. Chiee Justice Dunn

delivered the opinion of the court:

On November 5, 1917, Lyon & Healy, a corporation engaged in manufacturing and dealing in musical instruments and musical merchandise in the city of Chicago, filed its bill in the circuit court of Cook county and a temporary injunction was issued enjoining the defendants from, among other things, in any'manner interfering with, hindering, obstructing or stopping the business of the complainant; from picketing or maintaining any pickets at or near the complainant’s premises or along the routes followed by the complainant’s employees in going to and from .their homes and the complainant’s place of business; from watching or spying upon the complainant’s place of business, its employees or those who approach or leave its place of business or seek to enter its employment or to do business with it; from assaulting or intimidating, by threats or otherwise, its employees or any person who may become or seek to become its employee; from congregating about or near its place of business or any place where its employees are lodged or board, for the purpose of compelling, inducing or soliciting its employees to leave its service or to refuse to work for it, or for the purpose of preventing or attempting to prevent any person from freely entering into its service; from interfering with or attempting to hinder it from carrying on its business in the usual and ordinary way; from following its employees to their homes or other places or from calling upon them for the purpose or with the effect of inducing them to leave its employment or for the purpose or with the effect of molesting or intimidating them or their families; from organizing or maintaining any boycott against it or its employees; from calling or procuring or attempting to procure strikes against it by unions other than the Piano, Organ and Musical Instrument Workers’ International Union of America or by members of other unions, in furtherance of the conspiracy alleged in the bill upon which the injunction was based; and from doing anything to subject its employees, or any of them, to hatred, criticism, censure, scorn, disgrace or annoyance because of their employment by it.

The defendants to the bill were the Piano, Organ and Musical Instrument Workers’ International Union of America, Charles Dold, its president, and a number of other persons, including all the appellants except George Atkins, and he, as well as all the other appellants, was served with the writ and had notice of the injunction on November 7, 1917. With the bill were filed a number of affidavits, from which it appeared that a strike occurred at the plant of Lyon & Healy on October 4, 1917; that the strikers instituted picketing, intercepting and following the employees of Lyon & Healy with demands that they quit their employment, assaulted them, called them offensive names and pursued a course of conduct toward them calculated to intimidate them and prevent them from continuing in their employment, maintaining a system of pickets, with headquarters in a saloon across from the plant, constantly watched the plant' and those going to and from it and patrolled in front of or near it; that picketing incidental to strikes in Chicago has a well known reputation for such practices and methods as watching, following, intercepting and threatening employees and applicants for employment, calling them names, jeering, insulting and assaulting them and subjecting them to hostile annoyances, and that such practices were well understood by the employees of Lyon & Healy, so that they feared pickets and picketing, and the mere presence of such pickets near its factory intimidated its employees and those seeking employment from it; that the picketing and interference were continuous, and the defendants had conspired and combined to injure the complainant by such means.

The defendants answered the bill on December 13,1917, but continued to maintain their pickets, to patrol the front of the factory and to maintain a watch upon it. A bomb was exploded at night at Lyon & Healy’s store, another at its garage, others at the homes of five of its employees, an employee was knocked down, kicked and severely injured within two blocks of the factory and several employees were taunted with the appellation of “scab.” On December 15, 1917, Lyon & Healy filed its petition, charging six of the- individual defendants, including Charles Dold, the president of the union, with violating the injunction, and asking for a rule on them to show cause why they should not be punished for contempt of court. The respondents answered the petition and denied that they had violated the injunction or had any knowledge of the assault and explosions set out in the petition, and alleged that the pickets were stationed for the sole purpose of informing appellee that there was a strike against it. The court found the respondents guilty of contempt for violating the injunction. Dold was sentenced to imprisonment in the county jail for thirty days and to pay a fine of $500 and the other defendants were fined $300 each. All of the respondents have appealed.

The only question to be considered is whether-the circuit court had jurisdiction to grant the injunction. Counsel for appellants do not contend that they did not picket the appellee’s plant or did not violate the injunction, but only.that there is no evidence that they were guilty of any threats, intimidations or acts of violence or have attempted to create 01; enforce a boycott, and therefore it is argued that they have not violated any prohibition of the injunction which the court had power to grant.

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Lyon & Healy v. Piano, Organ & Musical Instrument Workers' International Union, 124 N.E. 443, 289 Ill. 176 (Ill. 1919).

124 N.E. 443 (Lyon & Healy v. Piano, Organ & Musical Instrument Workers' International Union) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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