United Leather Workers' International Union v. Herkert & Meisel Trunk Co.

284 F. 446, 1922 U.S. App. LEXIS 2398
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 19, 1922
DocketNo. 5865
StatusPublished
Cited by6 cases

This text of 284 F. 446 (United Leather Workers' International Union v. Herkert & Meisel Trunk Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Leather Workers' International Union v. Herkert & Meisel Trunk Co., 284 F. 446, 1922 U.S. App. LEXIS 2398 (8th Cir. 1922).

Opinions

SANBORN, Circuit Judge.

This is an appeal by United Leather Workers’ International Union, Local Lodge No. 66, an association of about 600 union workmen of St. Louis, Mo., and about 25 individual [448]*448members of that association, defendants below, from a final decree of the District Court which enjoined them from compelling or inducing any of the employés of the plaintiffs, corporations of Missouri, whose places of business were in St. Douis, by threat, intimidation, force, abusive, violent or insulting language, the threat of superior numbers or pickets, by assaulting, threateningly accosting, laying hands upon, by following them to their homes, or intimidating the members of their families, to leave the service of the plaintiffs or to fail or refuse to perform their duties to the latter, as such employés.

The plaintiffs were five corporations of the state of Missouri, who for a long time had been and were on and prior to the 10th day of April, 1920, engaged in selling, on orders from their customers, the great majority of whom were residents and citizens of other states than Missouri and had their places of business therein, manufacturing and shipping to such customers at their places of business, trunks, leather goods, and bags, which by such orders the customers bought and directed the plaintiffs to make and ship to them.

This suit was founded on section 1 of the Sherman Anti-Trust Act, which reads:

“livery contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be illegal.” Comp. Stat. § 8820, Act of July 2, 1890; 26 Stat. 209, c. 647, § 1.

The complaint of the decree is that the evidence is insufficient to sustain it because, although it conclusively established the facts that the defendants conspired to and did by unlawful means such as too many pickets, assaults, threats, and intimidation of employés and those seeking employment .of the plaintiffs, restrain and stop the theretofore continuous streams of the plaintiffs’ interstate commerce, and prevent the plaintiffs’ performance of their interstate commerce contracts of sale, they did this by preventing the plaintiffs from manufacturing the articles they had contracted to sell, make, and deliver in interstate commerce, and because the defendants stopped the flow of this interstate commerce in this way for the purpose of compelling the plaintiffs to employ union men only and to comply with other demands of the defendants.

The ordinary course of business of parties selling, making, and shipping goods on orders of their customers is to furnish such customers with lists of the goods they offer to make and sell and' the prices thereof, for the customers to send to the vendors written orders for the goods they wish to buy at those prices, the receipt and acceptance of which the sellers acknowledge in writing. Thereupon such orders become legal and binding contracts on the part of the sellers to make and ship the articles to the customers at the places specified therein and on the part of the customers to receive and pay the specified prices for the goods. Rearick v. Pennsylvania, 203 U. S. 507, 511, 27 Sup. Ct. 159, 51 L. Ed. 295. The evidence was that when the defendants stopped the interstate commerce of the plaintiffs by stopping the making of the goods their customers had ordered the plaintiffs had such unfilled orders or contracts for the sale, manufacture, [449]*449and shipment to their customers at the latters’ places of business in states other than Missouri of these respective values: Herkert & Meisel Trunk Company, $200,000; James A. Quirk & Co., $15,000; F. A. Kolb Trunk & Case Company, $5,000; the Stability Leather Goods Company, $32,000; P. C. Murphy Company, $75,000 — aggregating $327,000. The Supreme Court has declared that—

“Where the contract is for the sale of the article and for its delivery in another state, the transaction is one of interstate commerce, although the vendor may have also agreed to manufacture it in order to fulfill his contract of sale. In such case a combination of this character would be properly called a combination in restraint of interstate commerce, and not one relating only to manufacture.” Addyston Pipe & Steel Co. v. United States, 175 U. S. 211, 246, 20 Sup. Ct. 96, 109 (44 L. Ed. 136).

Indeed, the established rule is that “interstate commerce,” within the meaning of that term in the Constitution and the Anti-Trust Act, embraces far more than the mere sale, exchange, and interstate transportation of the goods. It includes intercourse, it comprehends every contract, trade, and dealing between citizens of one state and those of another which contemplates the transportation of goods, persons, or information from one state into another, and every initiatory, negotiating, and intervening act of the parties to that trade or deal from the time the intercourse relating to it commences until the transportation and delivery have been completed. Butler Bros. Shoe Co. v. United States Rubber Co., 156 Fed. 1, 17, 84 C. C. A. 167; International Text-Book Co. v. Pigg, 217 U. S. 91, 107, 30 Sup. Ct. 481, 54 L. Ed. 678, 27 L. R. A. (N. S.) 493, 18 Ann. Cas. 1103; Dahnke-Walker Milling Co. v. Bondurant, 257 U. S. 282, 42 Sup. Ct. 106-108, 66 L. Ed. 239; United States v. Reading Co., 226 U. S. 324, 367, 368, 33 Sup. Ct. 90, 57 L. Ed. 243; Hopkins v. United States, 171 U. S. 578, 598, 19 Sup. Ct. 40, 43 L. Ed. 290; United States v. Swift & Co. (C. C.) 122 Fed. 529, 531; Welton v. State of Missouri, 91 U. S. 275, 23 L. Ed. 347; Caldwell v. North Carolina, 187 U. S. 622, 629, 23 Sup. Ct. 229, 47 L. Ed. 336; United States v. Tucker (D. C.) 188 Fed. 741, 742; Marienelli v. United Booking Offices of America (D. C.) 227 Fed. 165; In re Selman Heating & Plumbing Co. (D. C.) 204 Fed. 839, 840, 841-843; Robbins v. Shelby Taxing District, 120 U. S. 489, 497, 7 Sup. Ct. 592, 30 L. Ed. 694; Globe Elevator Co. v. Andrew (C. C.) 144 Fed. 881, 882.

Under these authorities the contracts evidenced by the unfilled orders were contracts and transactions in interstate commerce. The acts of the customers in sending the orders were initiatory acts in contracts in interstate commerce. The receipt and acknowledgment of the receipt of the orders, the manufacture of the goods pursuant,, thereto, the packing, loading, shipping of them were intermediate steps and parts of, and the delivery and payment for the goods were the final steps of contracts and transactions in interstate commerce, and the direct restraint, and for a time the complete prevention and thereafter the partial prevention of the taking of these steps by the unlawful means used by the defendants proved by the evidence, whether that restraint was imposed upon the selling, the making, the packing, the loading, the shipping, or the transportation of the goods, was the very [450]*450restraint denounced by the AntirTrust Act and brought the subject-matter of, the parties to the suit, and the relief the court granted far within the jurisdiction of the federal court under the Anti-Trust "Act. Thus, Mr.

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284 F. 446, 1922 U.S. App. LEXIS 2398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-leather-workers-international-union-v-herkert-meisel-trunk-co-ca8-1922.