66 N.Y.S. 42 | N.Y. Sup. Ct. | 1900
The plaintiffs move to continue and make permanent, until final judgment in this action, the injunction restraining the defendants from doing certain alleged unlawful acts set forth in the affidavits upon which the order to show cause was granted. The material question as to the truth of the allegations of the moving affidavits is raised upon the return by the sworn denials submitted upon the part of the defendants. Many of the material averments in the complaint, and of the supporting affidavits, are stated upon information and belief. Among these is the charge that the Cigarmakers’ International Union of America and Local Union, Ao. 44 (of which certain of the defendants are officers or members), are organized to compel the employment of members of said associations exclusively by all manufacturers of cigars, and to plan, advise, assist and carry on strikes and boycotts .against manufacturers who refuse to accede to the demands of •such associations. “ This allegation made upon .information and belief only, is positively denied by the affidavits read in opposition, -of the accused persons who state that the objects of the associations mentioned are ” to advance mutual interests of the members by endeavoring to procure employment for them by means of proper and lawful contracts made with manufacturers, by which such members can receive employment at a certain fair and just scale of wages, and under conditions satisfactory to- both manufacturers and members. The statement on information and belief also in the complaint, that on the 9th day of March, 1900, plaintiffs’ employees, under the instructions and by the advice and with the consent and connivance of certain of the unions, left the plaintiffs’ employ and went on strike, is not only absolutely denied by these officers, but their denials are fortified by affidavits of many of the striking employees (four-fifths of whom were not members of the union), giving as their reason for quitting work the refusal of plaintiffs to furnish better stock; that by reason of this refusal, and of the poor grade of stock furnished, a longer time was required to make a cigar and their wages were- thereby ma
| Motion to continue injunction denied, with ten dollars costs.
Motion denied, with ten dollars costs.