of Minnesota. re desired in the entertainments given by such proprietors was cently decided in the Supreme Court The organization had a rule to the effect that none of its members should accept employment unless a fixed minimum number was employed, and to this the proprietors objected, holding that such minimum was frequently in excess of the number required for satisfactory musical service in their entertainments. Plaintiffs sought, therefore, to secure an injunction against the enforcement of the rule, contending that it was in excess of the powers of the association to enforce such a rule. Judgment had been against the employers in the court below, and this was on appeal affirmed. The opinion of the court was delivered by Judge Philip E. Brown, who, having stated the facts in the case, spoke as follows: "The plaintiffs' first contention is that the rule complained of is ultra vires, and that 'the corporation has no right to enforce this ultra vires rule to the damage of these plaintiffs, and the officers of the corporation have no right to use the corporation for this purpose, as against these plaintiffs.' In other words, the plaintiffs seek to borrow an element of actionability from the doctrine of ultra vires. This they cannot do. The plaintiffs being entire strangers to the defendants, the acts complained of must be considered without reference to whether or not they are ultra vires. (Burns vs. St. Paul City Ry. Co., 101 Minn. 363, 112 N. W. 412; Railroad Co. vs. Ellerman, 105 U. S. 166, 26 L. Ed. 1015.) Each of these cases involved the right to enjoin a corporation from competing, by ultra vires acts, with the plaintiff a certain line of business. Said the court in the latter case (105 U. S. at page 173, 26 L. Ed. 1015): 'But if the competitions in itself, however injurious, is not a wrong of which he could complain against a natural person,*** how does it become so merely because the author of it is a corporation acting ultra vires? * * * The legal interest which qualifies a complainant other than the state itself to sue in such a case is a pecuniary interest in preventing the defendant from doing an act, where the injury alleged flows from its quality and character as a breach of some legal or equitable duty.' "The plaintiffs in the instant case are in no position to challenge the rules of the defendant corporation as being ultra vires; and, even if they had any standing to make such an attack, we are satisfied that the rule under consideration is not ultra vires. "Unless, therefore, the acts complained of constitute a breach of some legal or equitable duty, without regard to whether or not they were ultra vires, the sustaining of the demurrer was proper. This brings us to the plaintiffs' second and only remaining contention, viz.: that the rule complained of, if not subject to the objection that it is ultra vires under the articles of incorporation, is not legally enforceable against these plaintiffs in any event.' In connection with this contention the plaintiffs practically admit that it is contrary to Bohn vs. Hollis, 54 Minn. 223, 55 N. W. 119, and seek to show that the rule established by that case has been repudiated, or at least so modified as not to be determinative of the instant case, Ertz vs. Produce Exchange, 79 Minn., 140, 81 N. W. 737, and Tuttle vs. Buck, 107 Minn. 145, 119 N. W. 946 (Bul. No. 82, p. 679), being cited in this connection. We think, however, that the instant case is controlled by the Bohn case, supra. Says the syllabus of that case: 'Any man, unless under contract obligation, or unless his employment charges him with some public duty, has a right to refuse to work for or deal with any class of men, as he sees fit.' This proposition is not attacked in the instant case, nor is it assailable. Hence it follows that any one of the members of the defendant corporation would have had the right to refuse to work for any one of the plaintiffs, except upon such terms and conditions as such member might have seen fit to impose. 'And this right,' continues the syllabus in the Bohn case, 'which one man may exercise singly, any number may agree to exercise jointly.' Again, in this same case, Michell, J., says: 'What one man may lawfully do singly, two or more may lawfully agree to do jointly. The number who united to do the act cannot change its character from lawful to unlawful.' "Unquestionably this is the law in this state, and it has never been repudiated or modified by this court. (See State vs. Daniels, 136 N. W., 584.) The cases of Tuttle vs. Buck, supra, and Ertz vs. Produce Exchange, supra, merely stand for a converse rule, which, as stated by Chief Justice Start in the Ertz case is that 'one man singly, or any number of men jointly, having no legitimate interests to protect, may not lawfully ruin the business of another by maliciously inducing his patrons and third parties not to deal with him. *** This is just what the complainant in this case charges the defendants with doing, and we hold that it states a cause of action.' This is equally the settled law; but we do not agree with the plaintiffs in their contention that it applies to the instant case. Paraphrasing the concluding sentence of the Ertz case, 'This is just what the complaint in this case did not charge." There is no allegation of any contractual relation between the plaintiffs, or any of them, and any of the defendants, or any of the members of the defendant corporation. There is no allegation of conspiracy, malice, or ulterior motive. No question of strike, violence, wage, boycott, or violation of contractual relations of public duty, is involved; and no allegation is made that the rule complained of is not beneficial to the members of the defendant corporation. "The plaintiff's argument is largely based upon the assumption of lack of benefit to such members; but, in the absence of any allegation of such lack of benefit, we think it may fairly be inferred from the facts and circumstances alleged, and from the very nature of the rule recited, that the rule was designed to benefit the members of the defendant corporation. Certainly the rule does not appear to be so manifestly non-adapted to produce benefit as to raise an inference of malice or evil motive. As said in the Ertz case, supra, in distinguishing the Bohn case, supra: 'It is to be * noted that the defendants in the Bohn case had similar legitimate interests to protect, ** and that the defendants' efforts to induce parties not to deal * ** were limited to members of the association having similar interests to conserve, and that there was no agreement or combination or attempt to induce other persons not members of the association to withhold their patronage,' etc. The rule established by the Bohn case was reiterated, though not applied, in the Ertz case, and there is nothing in the Tuttle case, supra, to the contrary. "We think it applies to the instant case, and the order sustaining the demurrer to the complaint is, therefore, affirmed." NEW ILLINOIS LAWS The Illinois Legislature has passed an act revising the workmen's compensation act so that there is provision for a more definite award to injured employes and a commission of three members to pass upon the amount awarded instead of the county court. Also an act to re-establish the old mechanic's lien law, recently declared unconstitutional by the Supreme Court, with the Court's objections removed. It gives a sub-contractor a lien on a building for which labor or material is furnished; also an act to increase the number of the state inspectors of safety appliances for railroad equipment from one to three. and making appropriation for their salaries; also an act providing for semi-monthly pay days for all laboring men. Employers' Associations The following list is established in THE AMERICAN EMPLOYER so that associations of employers can get in touch with one another. Secretaries of such associations are invited to send the names and addresses of their organizations and the names of their presidents and secretaries to the editor of THE AMERICAN EMPLOYER at P. O. Box 429, Cleveland, Ohio, for publication in this list. There is no charge for such publication. CALIFORNIA. California Metal Trades Association.-Sam J. Eva, president; Chas. A. Smith, secretary, 503 Market street, San Francisco, Cal. The Citizens' Alliance of San Francisco.-William L. Geostle, president; Pierre N. Beringer, secretary and treasurer; 363-364 Russ building, San Francisco, Cal. General Contractors' Association.-C. A. Day, president; Wm. E. Hague, secretary; headquarters, 402 Kearny street, San Francisco, Cal. Master Bakers' Association of Greater Los Angeles.-Gustave Kratza, president; Mel. A. Bley, secretary and treasurer; headquarters, 426-28 Mason building, Fourth street and Broadway, Los Angeles, Cal. Merchants' and Manufacturers' Association of Los Angeles.-W. G. Hutchinson, president; F. J. Zeehandelaar, secretary; headquarters, 228 Wilcox building, Los Angeles, Cal. Western Candy Makers' Association.-Geo. W. Graham, president; M. A. Bley, secretary and treasurer; headquarters, 426-28 Mason building, Fourth street and Broadway, Los Angeles, Cal. COLORADO. The Colorado Brewers' Association.-Wm. Burghardt, president; A. J. Zang, treasurer; Geo. H. Kaub, secretary; headquarters, Denver, Colo. DELAWARE. Master Builders' Association.-S. J. Newman, president; H. C. Evans, vice president; Chas. Forwood, treasurer; Geo. S. McKee, financial secretary; A. W. Briley, secretary; headquarters, Wilmington, Del. DISTRICT OF COLUMBIA. National Council for Industrial Defense.-James A. Emery, general counsel, Washington, D. C. ILLINOIS. Building Construction Employers' Association of Chicago.-Chas. W. Gindele, president; E. M. Craig, secretary, 808 Chamber of Commerce building, Chicago, Ill. Chicago Employing Electrotypers' Association.-Chas. S. Partridge, president; Aug. D. Robrahn, secretary, 848 Transportation building, 608 South Dearborn street, Chicago, Ill. Chicago Furniture Manufacturers' Association.-Jos. Johnson, president; Frank J. Seng, treasurer; P. D. Francis, secretary; headquarters, Chicago, Ill. Chicago Steam Heating & Ventilating Engineers.-R. H. Thomas, president; J. H. Olson, secretary; E. E. Melum, recording secretary; headquarters, Room 720, 64 West Randolph street, Chicago, Ill. The Employers Association of Chicago.-F. K. Copeland, president Sullivan Machinery Co., president; W. M. Webster, secretary, 1807 City Hall Square building, 139 North Clark avenue, Chicago, Ill. Master Bakers' Association of Chicago.-A. Newman, president; B. H. Danlheimer, vice president; Chas. Paesch, treasurer; N. M. Miller, financial secretary; Richard B. Singer, secretary; headquarters, 7329 Vincennes road, Chicago. The National Association of Box Manufacturers.-F. M. West, president; Henry B. Maxwell, manager; E. H. Defebaugh, secretary; headquarters, 1312 Tribune building, Chicago, Ill. Sheet Metal Contractors' Association.-Harry C. Knisely, president; Jas. A. Miller, Frank Vorgtmunn, T. P. Bleum, E. N. Hyde, directors; J. H. Peikinson, secretary; headquarters, 1201 Unity building, Chicago, Ill. Stove Founders' National Defense Association.-George Mitchell, president; Wm. A. Dwyer, treasurer; P. W. Elliott, assistant treasurer; Thos. J. Hogan, secretary; headquarters, 1400 Auditorium Tower, Chicago, Ill. United Employers' Association of Wood Industries.-John Claney, president; E. E. Hooper, secretary, 809 Stock Exchange building, Chicago, Ill. Wholesale Clothing Association of Chicago.-Jacob J. Abt, president; M. J. Isaacs, secretary, Room 1020, 137 South Lasalle street, Chicago, Ill. Tri-City Manufacturers' Association (embracing Rock Island, Ill.; Moline, Ill. and Davenport, Ia.)-H. S. Jansen, secretary, Moline, Ill. Employers' Association.-G. F. Metzger, president; J. W. Brown, first vice president; E. S. Mulliner, second vice president; J. J. Fisher, chairman Finance committee; J. T. Hummert, chairman Executive committee; H. C. Greeman, Ed. Crawford, Ward Best, members of Executive committee; Carl Knittel, treasurer; G. W. Earhart, secretary, 4051⁄2 Hampshire street, Quincy, Ill. INDIANA. Evansville Builders' Exchange.-Wm. J. Woolley, president; B. Moehlinkamp, secretary; headquarters, 207-10 Woods building, Evansville, Ind. The Evansville Master Plumbers' Association.-Wm. J. Woolley, president; B. DeChamp, secretary; headquarters, 510 Waverly building, Evansville, Ind. Indiana State Association of Master Plumbers.-Wm. J. Woolley, president; E. M. Smith, secretary; headquarters, 328 Up. Fourth street, Evansville, Ind. Manufacturers' Association of Evansville, Ind.-Oscar A. Klamar, president; D. F. Norton, secretary, Evansville, Ind. Indiana Retail Merchants' Association of Fort Wayne.-C. M. Mills, president; Nate Beadell, vice president; H. F. Kennerk, secretary; headquarters, 404-5 Lincoln Life building, Fort Wayne, Ind. Employers' Association of Indianapolis.—Walter C. Marmon, president; C. C. Foster, secretary; A. J. Allen, manager, 218 New York Life building, Indianapolis, Ind. Employers' Association of Muncie, Ind.-J. P. Kandel, president; Henry J. Keller, secretary; 423 Johnson block, Muncie, Ind. Indiana Bituminous Coal Operators' Association.-J. C. Kolsem, president; vice president, Hugh Shirkie; P. H. Penna, secretary; headquarters, Opera building, Terre Haute, Ind. KENTUCKY. Employers' Association and Affiliated Bodies.-W. Hume Logan, president; J. M. Vollmer, secretary; Alfred Struck, Chas. F. Huhlein, D. P. Curry and F. W. Hardwick, trustees; Fourth Floor, Realty building, Louisville, Ky. Master Printers' Association.-L. T. Davidson, president; H. H. Hughes, vice president; H. C. Wedekemper, treasurer; Wm. C. Sessions, secretary; headquarters, 201 Commercial building, Louisville, Ky. MARYLAND. Builders' Exchange of Baltimore City.-Wm. A. Morrow, president; I. Herbert Scates, secretary; headquarters, Builders' Exchange building, 15 East Fayette street, Baltimore, Md. Inter-States Builders' and Traders' Association of Maryland, District of Columbia and Virginia.-Jno. R. Galloway, president; I. Herbert Scates, secretary; headquarters, 15 East Fayette street, Baltimore, Md. The Master Builders' Association.-J. Henry Miller, president; P. J. Cushen, W. H. Morrow and G. F. Bennett, Com. Legislative Court; Jno. M. Hering, secretary; headquarters, 2602 Guilford avenue, Baltimore, Md. The National Building Trades and Employers' Association of the United States of America.-President, John Atkinson, 18-24 South Seventh street, Philadelphia, Pa.; secretary, I. Herbert Scates, 15 East Fayette street, Baltimore, Md. MASSACHUSETTS. Employers' Association of Massachusetts.-Albion P. Pease, secretary; Room 702, 88 Broad street, Boston, Mass. The Master Builders' Association of Boston.-Parker F. Soule, president; Daniel B. Badger, vice president; Sidney A. Mitchell, Wm. H. Oakes, Robt. Gallagher, Kinsley Dunbar, Chas. Logue, R. B. Plummer, directors; Wm. H. Say ward, secretary, 166 Devonshire street, Boston, Mass. New England Shoe and Leather Association.-Chas. C. Hoyt, president; Thos. F. Anderson, secretary, 166 Essex street, Boston, Mass. Builders' Exchange of New Bedford, Mass.-T. J. Moriarty, president; Thos. W. Thorpe, secretary; New Bedford, Mass. Quincy Board of Trade.-Chas. C. Hearn, president; Jno. O. Hall, secretary. Quincy, Mass. The Worcester Builders' Exchange.-Alanson P. Robbins, president; Jeremiah J. Higgins, vice president; Henry W. Sweetser, secretary; Oliver S. Kendall, Elwood Adams, Edward J. Cross, Herbert C. Wilson, Edward D. Ward, N. P. Fortier, George W. Kilmer, John J. Power and Harry S. Cutting, trustees; 518 Main street, Worcester, Mass. Worcester Master Plumbers' Association.-Wm. H. Holmes, president; V. J. O'Donnell, secretary; headquarters, 174 Main street, Worcester, Mass. MICHIGAN. The Builders' and Traders' Exchange.-Wm. R. Kales, president; Chas. A. Bowen, secretary; headquarters, Penobscot building, Detroit. Employers' Association of Detroit.-A. A. Templeton, president; F. P. Johnston, vice president; A. T. Whitehead, treasurer; J. J. Whirl, secretary; chairman of divisions as follows: Automobile and Accessory Division, Emil D. Moesner; Boiler Manufacturers, Chas. T. Kingston; Brass Manufacturers, A. W. Fussey; Building Trades, E. McCleary; Foundry, H. W. Hoyt; Metal Trades, F. P. Johnston; Printing and Engraving, W. C. Hensler. Stevens building, Detroit, Mich. Michigan Manufacturers' Association.-E. L. Maddox, president; H. C. Hertz, secretary; headquarters, 1128 Ford building, Detroit, Mich. Furniture Manufacturers' Association of Grand Rapids.-Roy S. Barnhart, president; Francis D. Campau, attorney; B. A. Hathaway, secretary. Headquarters in the office of Mr. Campau, 833 Michigan Trust building, Grand Rapids, Mich. |