278 F. 144 | 5th Cir. | 1922
These three cases were argued and submitted together. In one of them is sought the reversal of a decree ordering the issuance of a preliminary injunction in a suit brought by the appellee, United States Shipping Board Emergency Fleet Corporation. In the other two cases orders of the court adjudging individuals in contempt for violations of the injunction issued in the first-mentioned case are complained of.
The defendants named in the bill prior to the filing thereof were employed by the complainant in operating its ships, or are identified with the employment of said former employees. After the complainant announced a reduction in the wages of all its employees in the engine, steward, and unlicensed deck departments, the defendants, who were previously employees of the complainant, voluntarily gave up their employment and/or have declined to return to work for complainant under the new wages. Complainant has been endeavoring to carry on its business since its former employees left its service. The men employed by the complainant in place of its former employees have been assaulted, beaten, threatened, and intimidated, and in many cases have been forced by violence to cease work on complainant’s ships. Defendants and their sympathizers, by repeated acts of violence and repeated threats, have undertaken to intimidate and coerce complainant’s employees and to prevent them from rendering their services to the complainant. Complainant’s employees on two of its named ships were on stated dates forced to leave such ships by threats and violence o f the defendants and/or their sympathizers.
The injunction granted against the persons named as defendants and other persons of names unknown forbade such unlawful conduct as was alleged in the bill. The averments of the bill clearly disclose that the ships and tugs used by the complainant therein in its alleged business and its right to carry on that business were the property and the property right sought to be ‘protected by the relief prayed for. Those averments left no room for conjecture or surmise as to what was sought to be protected by injunctive relief. Nothing in the statute referred to indicates an intention to require greater .particularity
The transcript in each of the contempt cases contains motions to quash and dismiss, filed in behalf of the persons proceeded against. Nothing in the record in either of those cases indicates that those motions were ruled on by the court or called to its attention. There is nothing before us to negative the conclusion that the hearings under the orders to show cause why the persons proceeded against should not be adjudged guilty of contempt for alleged violations of the injunction were entered upon and concluded without any objection to the sufficiency of the motions for such orders being made known to the court.
Each of the persons proceeded against for contempt was a witness in his own behalf. No one of them denied knowledge of the injunction at the time of the alleged violation of it. So far as appears, a defense based on claimed ignorance of the injunction was not suggested during the hearing. Under the circumstances disclosed, it fairly‘may be inferred that the'jury was not influenced in reaching the
The charge given by the court contained correct and adequate instructions as to the presumption of innocence to be indulged in favor of the defendants and as to the burden and measure of proof required to warrant a conviction. This being true, the refusal of the requested charge dealing with those subjects was not a reversible error. The conclusion is that no reversible error was committed in any of the cases.
The judgments therein are affirmed.