Moore v. Cooks, Waiters & Waitresses' Union No. 402

THOMAS, J.

This is an appeal from a judgment of the superior court of San Diego County to enjoin the defendants from picketing the place of business of the plaintiffs. There is no question as to the facts of the case. The appeal is upon the judgment-roll alone. The matter comes to this court squarely upon the law.

It was admitted by the defendants upon the trial, and the court found, that the defendant unions established a picket of plaintiffs’ business and maintained a picket patrol in front of their restaurant from the twenty-fifth day of February, 1915, until the service of the restraining order in this case on December 7, 1915. The picketing, as the court found, was, in the language of the findings, as follows: “That the said defendant unions did thereupon establish a boycott of the plaintiffs’ business, and place a picket patrol in front of plaintiffs’ said place of business on or about the twenty-fifth day of February, 1915, during certain hours of each day, until the service of the restraining order in this action, to wit, on December 7, 1915. That said picket, from the twenty-fifth day of February, 1915, until early in October, 1915, wore a badge consisting of a white ribbon with the word ‘Picket’ printed in large black letters, and after said . . . day of Oeto-, her, the letters were discarded and the badge consisted simply of a plain white ribbon pinned upon her clothing at or near her shoulder and running across her breast; and that at all time said picketing was maintained under conditions of publicity and public notoriety calculated and intended to give notice and did give notice to persons passing said place of

[540]

business or intending to patronize the same, that said place of business was under 'boycott, and that its patronage was opposed by organized labor. That there was but one picket at a time, and the patrol was changed twice, the second picket being a man during one day, and the other two pickets being women. That said picket patrol was maintained practically continuously from the said twenty-fifth day of February until the seventh day of December, there being an interruption of but two or three days during that time, and was maintained at the noon hours between 11 and 2 o’clock in the day, and between 5 and 7 in the evening, which were the hours of the day when the greatest number of meals were served by the plaintiff's to their customers.”