189 F. 714 | U.S. Circuit Court for the District of Northern California | 1911
This is a bill in equity to restrain the respondents from the further prosecution of an unlawful conspiracy to destroy the trade and business of the complainants through the instrumentality of a boycott. The facts of the case, as disclosed by the bill and affidavits of the parties, will be found very
Assuming that this objection can be said, in any proper sense, to raise a question of jurisdiction, and without conceding that the decisions of the state court are to the effect stated, the fallacy of respondents’ proposition lies in the fact that in the administration of their equitable jurisdiction the federal courts are not, as assumed, excepting so far as affected by local statutes, administering the laws of the state in which they sit, but are administering the law as applicable to all the states. And in applying the general principles of equity, such as alone are involved in this controversy, they determine for themselves wdiat those principles are, untrammeled by differing decisions of the state tribunals. While the reasoning of a state court in determining such a question is always to be regarded with respect, and will be followed, if persuasive of a correct statement of the law, it is in no sense conclusive or binding upon a federal court.
The opinion of Judge Morrow in granting the preliminary injunction in this case will be found to be fully in accord, in so far as pertinent, with the principles announced by the Supreme Court in the case cf Foewe v. Fawlor, 208 U. S. 274, 28 Sup. Ct. 301, 52 L. Ed. 488, a case originating out of the ^same labor controversy which gave rise to the present suit, and involving largely the same essential facts; the bill in fact being almost an exact replica of the one filed in this case.
It follows, from these considerations, that the complainant is entitled to a final decree making the temporary injunction heretofore granted permanent; and a decree to that effect may be prepared, granting a perpetual injunction against the defendants included within-the preliminary writ.