Page:The Green Bag (1889–1914), Volume 20.pdf/154

 NOTES OF RECENT CASES as in the Tenessee cases, the controversies over the officers of the International Printing Pressmen payment of wages had assumed such a magnitude and Assistants' Union of North America. It as to endanger the public peace, and justify regu appeared that a contract had been entered into lation on that score, and perhaps, whether as an between these two associations, — the latter being economic fact, frugality and economy could be represented by persons who were at the time of best subserved among the laboring classes by furnishing them with the money every week with contract, but are not now, its legal officers. The which to make purchases where they chose rather contract has not yet expired by lapse of time, but the new officers,- seeming to think it too onerous, than by payment at long intervals with its en couragement for seeking credit, or in orders on the asked for its modification so as to establish an "company stores " which would often give a eight-hour day, and the " closed shop." On double profit to the employer. Opinions may refusal of the members of the typotheta; to accede differ on these questions. They are, however, to this request, steps were alleged to ha.ve been the fundamental questions involved, and their taken to submit the question of a strike to the decision in the affirmative is necessary in order employees. The relief asked for was the enjoining to justify legislative interference. of the officers from: "(i) Violating the contract Andrew A. Bruce. by demanding a modification thereof, whereby CONTRACTS. (Injunction.) N.Y. Sup. Ct. — the eight-hour day and the ' closed shop ' may be What effect should be given a provision in a con instituted; (2) calling, instituting, or inciting tract that injunction might be granted to restrain strikes or otherwise hindering, interfering with. its breach, was considered by the Appellate obstructing or stopping the business of the em Division of the New York Supreme Court in ployers because of their refusal to institute the Dockstader r. Reed, 106 . Y. Sup. 795. Plaintiff, eight-hour day and the ' closed shop '; (3) arrang the proprietor of a minstrel troupe, employed ing for a. referendum vote of employees upon the defendant as a traveling singer under a contract subject of instituting strikes; (4) paying strike specifying that the services to be rendered were benefits." special, unique, and extraordinary, and could not Judge Thompson said: "The closed shop is con be replaced; that in the event of breach, plaintiff trary to public policy and the demand for the would suffer irreparable injury, and that injunction immediate adoption of the eight-hour day is might be issued restraining defendant from ren violative of the contract," and, while recognizing dering services for any other person. Before fully the right of employees to quit at any time expiration of the contract, defendant quit plain they should desire, he said that this was not a case tiff's employ, claiming that a continuance of such of that kind, but one to prevent an unlawful use service would greatly injure his health, and offering of influence and power by the officers of the asso his physician's affidavit to that effect. A pre ciation, and granted relief substantially as prayed liminary injunction was awarded by the special for. term, but the order was reversed on -appeal; the CORPORATIONS. (Foreign Corporations.) court saying that " parties to an agreement cannot contract that courts will exercise their functions U. S. C. C. A. —• One of the most important ques against or in favor of themselves; whether or not tions in the business world today is that involving a court will so exercise its power, is for the court the rights of foreign corporations; an interesting itself to determine." It was held that notwith discussion of which is found in Butler Bros. ShoeCo., v. United States Rubber Co., 156 Fed. Rep. i. standing the estimate put upon defendant's ser vices by himself and plaintiff, the evidence The rubber company had its principal place of indicated that it would not be difficult to fill the business in one of the eastern states, from which it shipped its goods to the shoe company, at Denver, position made vacant. under contract for sale by the latter on commission. It seems obvious that agreement of parties can The shoe company having defaulted in its pay not give a court of equity jurisdiction where the ments, action was instituted against it in the law does not confer the jurisdiction. In the federal court by the rubber company. The shoe converse case an agreement to oust a court of its company interposed as a defense that plaintiff jurisdiction would be ineffective. J. H. B. Jr. was doing business within the state of Colorado, CONTRACTS. (Labor Unions.) U. S. C. C. — without having complied with the statute pro judge Thompson's opinion in A. R. Barnes & Co. hibiting any fore gn corporation from doing any 11. Berry, 156 Fed. Rep. 72, is one of the latest business n the state without filing its certificate utterances of the courts on the right to_ restrain of incorporation and paying certain license taxes labor unions from interfering with an employer's and providing that failure to do so should be an business. Plaintiffs were members of the United absolute defense to any action brought within the Tvpothetae of America, and defendants were limits of the state.