which judgment was entered, and action was brought on the judgment, held, that defense that note originally sued on was a forgery was barred by laches.-Westwater v. Murray, U. S. C. C. A., 245 Fed. 427.

16. Carriers of Goods-Bill of Lading.—Bill of lading, stating that shipment was carbonated nonalcoholic beverage, held not to give carrier conclusive notice of inherent quality of goods, where it further recited that contents and condition of contents were unknown.-Michellod v. Oregon-Washington R. & Nav. Co., Ore,. 168

Pac. 620.

17. Limitation of Liability.-Provision of express receipt that rate was based upon value held to limit carrier's liability, though appearing on the back of receipt and not in the body of the contract.-Strong v. Wells Fargo & Co. Express, S. D., 164 N. W. 967.

18. Carriers of Passengers - Contributory Negligence. A passenger must go inside the car, and if injured while standing upon platform and not showing that there was any unoccupied room inside or that it was impracticable for him to reach it, he is negligent.—— Panek v. Scranton Ry. Co., Pa., 102 Atl. 274.

20. Conspiracy-Evidence. To support charge of conspiracy to conceal bankrupt's assets, held, that actual commission of crime, or verbal expression of purpose to have bankrupt become such, was not necessary, nor was it material whether the proceedings were voluntary or involuntary.-United States v. Fischer, U. S. D. C., 245 Fed. 477.

21. Contracts-Absolute Promise.-One contracting to do certain work takes the risk, within the limits of his undertaking, of being able to perform, though the old rule has been abated somewhat in determining the scope of the undertaking by the literal meanings of the words alone.-Day v. United States, U. S. S. C., 38 S. Ct. 57.

22. Construction.-Under a contract licensing defendant to produce a play, declaring that plaintiff should not be liable for losses, held, that defendant could not, from plaintiff's share of profits of second season, take proportionate share of losses resulting from the first season's production.-West End Theater Syndicate V. Shubert, N. Y., 67 N. Y. S. 250.

23. Entire Contract.-Contract for rendition of services as motion picture star for photoplay production must of necessity be treated as entire contract, for star could not appear in only portion of photoplay.-Corrigan v. E. M. P. Producing Corp., N. Y., 167 N. Y. S. 206. 24. Conversion-Equity.-Where a will devised property to executors in trust for testator's wife, and after her death to sell all the property and divide the fund among his children and their heirs, there was a conversion of the real estate into personal property at testator's death, as to issue of a child surviving the testator and the widow.-Hyers v. Titus, N. J., 102 Atl. 250.

25. Corporations-Assignment.-Where president of corporation signed assignment and power of attorney for transfer of stock, request by assignee's cashier that president transfer stocks upon corporation's books was a sufficient demand.-Commonwealth v. Camp, Pa., 102 Atl.

205.

26. -Insolvency.-Where insolvent corporation sells all its property and distributes proceeds to stockholders, who receive it with knowledge of all facts, they will be accountable therefor to corporation's creditors, notwithstanding their contribution of individual rights to induce sale.-Lingle v. Farmers' Mut. Telephone Co., Neb., 164 N. W. 1052.

27. Receivership.-On application of receiver for allowance of claim against insolvent corporation made after time limited for presenting claims, court properly considered merits of claim where it could be determined by inspection of written contracts not in dispute.Standard Lithographing & Printing Co. v. Twin City Motor Speedway Co., Minn., 164 N. W. 986.

28. Stockholder's Liability.-Bona fide purchasers in open market of certificates issued by voting trustees of corporate stock, calling. for delivery of full-paid stock on termination of trust, held not liable as subscribers for unpaid stock. Clark v. Johnson, U. S. C. C. A., 245 Fed. 442.

29. Damages-Pleading and Practice.-Mere absence of demand for damages, where complaint states facts from which damages would naturally flow, and also alleges facts of damage, does not render statement of cause of action insufficient.-Doctor v. Reiss, N. Y., 167 N. Y. S. 193.

30. a wife got divorce for adultery and the husband married the guilty woman, alimony of $3,200 per annum for wife and child, where the husband's property if put into a 5 per cent investment, would give an income of $9,243, will not be held excessive, although wife has estate of $11,000.Andreas v. Andreas, N. J., 102 Atl. 259.

Divorce--Alimony.-Where

31. Evidence.-In suit for divorce on ground that wife shot at husband, it was within the discretion of the court to allow or refuse to allow the jury to have the pistol and the coat worn by the husband in the jury room.-Fowler v. Fowler, Col., 168 Pac. 648. 32. Domicile-Transfer Tax.-In transfer tax proceeding held, on the evidence, that decedent, describing himself as "of the city of New York temporarily sojourning in Paris," where he had a home, had not shown his intention to abandon his New York domicile.-In re Blumenthal's Estate, N. Y., 167 N. Y. S. 252.

33. Eminent Domain-General Appearance.In railroad's proceedings to condemn land, action of landowner's counsel in going into open court and stipulating that court might enter order for occupancy, agreeing to amount of bond, etc., held general appearance by landowner. Ogden, L. & I. Ry. Co. v. Jones, Utah, 168 Pac. 548.

34. Estoppel-Administrative Officers.-Estoppel against United States held not to arise from fact that administrative officers treated land erroneously meandered as subject to riparian

rights of abutting owners and not subject to disposal by the United States.-Lee Wilson & Co. v. United States, U. S. S. C., 38 S. Ct. 21.

35. Extradition-Duty of Governor. Under Rev. St. § 5278 (Comp. St. 1916, § 10126), where defendant admitted that he was in Illinois at time of commission of alleged crimes, and that indictments were in form and certified as required by law, held, that it was the duty of the Governor of the state where he was found to have him arrested and delivered to the Illinois authorities.-Biddinger v. Commissioner of Police of City of New York, U. S. S. C., 38 S. Ct. 41. 36. Fraudulent Conveyances-Badge of Fraud. -That grantor and grantee are brothers and business associates is of itself no evidence of fraud, or intention to defraud, but merely casts a suspicion, removed by evidence that the transaction was otherwise bona fide.-Mustar v. McComb, S. D., 164 N. W. 975.

37. Creditors.-Property held under fraudulent conveyance can be uncovered by grantor's creditor and payment of debt enforced out of it, debt having been established against grantor, his estate, or personal representative.-First Nat. Bank v. McDonough, Ariz., 168 Pac. 635.

38. Guardian and Ward-Desire of Parent.Wishes of father, surviving parent of daughter, as to her religious training and environment, should not be disregarded in relation to guardianship or custody of child.-Harding v. Brown, Mass., 117 N. E. 638.

39. Gifts-Validity.-Delivery of certificate of stock without actual transfer, or written assignment or power to transfer, though accompanied with words of gift, does not constitute valid gift inter vivos.-Heyer v. Sullivan, N. J., 102 Atl. 248.

40. Husband and Wife-Separate Maintenance. -Equity, independent of a proceeding for divorce or separation and without statutory authorization, has jurisdiction to decree the wife separate maintenance.-Robertson v. Robertson, Minn., 164 N. W. 980.

41. Insurance-Change of Beneficiary.-Where a member in a fraternal insurance order gave written notice of change of beneficiary as required, but the death benefit was paid the original beneficiary, the rights of the substituted beneficiary cannot be defeated because the change was not made from failure of the officers of the local lodge to call attention to the change.-Grand Lodge K. P. of Oklahoma v. Moore, Okla., 168 Pac. 659.

42.- -Evidence.-Jury held justified in finding that call on insurance assessment was made by the directors of the company, though they did not go over figures of the officers, who made up the assessment and vote specifically.-Hartford Life. Ins. Co. v. Barber, U. S. S. C., 38 S. Ct. 54.

43.- -Foreign Corporation.-Under Shannon's Code Tenn. 1917, § 3292, subsec. 3, a foreign insurance company, which has appointed the insurance commissioner attorney to accept service of process, and withdrawn from the state, may be sued, with service on the commissioner, in a county other than that of the commissioner's office.-Southern Paving Const. Co. v. City of Knoxville, Tenn., 245 Fed. 421.

Law.-Member's Ignor

44.- -Ignorance of ance of by-laws of a fraternal insurer does not entitle him to recover premiums paid while engaged in an occupation prohibited by by-laws and collected by insurer without knowledge that member was so engaged.-Pope v. Royal Highlanders, Neb., 164 N. W. 1047.

45.-Liability Policy.-An insurer in an employer's liability policy, having once assumed the defense in an employe's suit, cannot relieve itself of liability to pay the judgment by an unwarranted withdrawal from the case.-Standard Printing Co. v. Fidelity & Deposit Co. of Maryland, Minn., 164 N. W. 1022.

46. Pledge.-Despite prior written assignments, held, that delivery of policies by insured to his sister, for her own benefit and as trustee for his wife, amounted to valid pledge.-In re Baird, U. S. D. C., 245 Fed. 504.

47. Sick Benefit.-Contract allowing benefits to a member of society "who is sick and unable to work" does not apply to natural illness following breaking of leg.-Beaudoin v. La Societe St. Jean Baptiste de Bienfaisance de Biddeford, Me., 102 Atl. 234.

48. Internal Revenue- - Alimony. — Alimony paid to a divorced wife is not income, taxable under Act Oct. 3, 1913, § 2a, subd. 1, and section 2b.-Gould v. Gould, U. S. S. C., 38 S. Ct. 53.

49. Intoxicating Liquors — Local Option. Where statute providing for submission of question of local option and directing that election officials should be appointed from lists submitted by committees in charge of campaigns for and against license makes no provision for choosing or appointing committees, but parties favoring and opposing license have long been in existence, appointments made from lists presented by committees claiming to represent such parties are valid.-Fouracre v. White, Del., 102 Atl. 186.

50. Judgment-Foreign Judgment.-In action on foreign judgment, court's jurisdiction over defendant may be inquired into; but such inquiry involves all the usual tests for determining such jurisdiction.—Westwater v. Murray, U. S. C. C. A., 245 Fed. 427.

51.

Landlord and Tenant-Estoppel.-Lessee taking and holding possession until action of unlawful detainer was brought held estopped to repudiate lease for uncertainty of the description of premises.-Merchants' Nat. Bank of San Francisco v. Weston, Cal., 168 Pac. 587.

52. Option to Renew.-A lease providing for option of renewal for six months at monthly rental, payable in advance creates tenancy for six months if tenant exercises option.-Moore v. Denver Pub. Co. Col., 168 Pac. 650.

53. Licenses-Trading Stamps.-Objection to trading stamps on public grounds is not so obviously unreasonable as to warrant court holding invalid statute imposing license tax.-State v. Wilson, Kan., 168 Pac. 679.

54. Mandamus Quo Warranto.-Mandamus is remedy whereby county jail physician may compel county commissioners to fix pay for services as jail physician, he having no remedy by action, quo warranto, or certiorari.-Sawyer v. Commissioners of Androscoggin County, Me., 102 Atl. 226.

boy, who while on duty climbed a passing vehicle to expedite his work, departed from the scope of his employment, so that an injury while on such vehicle did not arise out of and in the course of his employment under the Workmen's Compensation Act.-State v. District Court, Hennepin County, Minn., 164 N. W. 1012. 58.Joinder as Defendants.-A joint action cannot be maintained against a master and servant for an injury and death occurring in Ohio, where the master's liability arises solely under the doctrine of respondeat superior.-Robbins V. Pennsylvania Co., U. S. C. C. A., 245 Fed. 435. 59. Res Ipsa Loquitur.-It cannot be assumed, without evidence, in action for death of employe, who fell down elevator shaft, that ascent of the car from the six to the seventh floor, during absence of operator, was without direction, as evidence of defect; res ipsa loquitur doctrine not applying.-West v. Woman's Hospital in State of New York, N. Y., 167 N. Y. S. 220.

60. Respondeat Superior.-That master permitted chauffeur to take automobile to go home at night held not to sustain jury finding that chauffeur was in prosecution of master's business at time of collision that evening.-Gewanski v. Ellsworth, Wis., 164 N. W. 996.

61.

-Safety Appliance.-Where electric company fails to furnish employe with safety appliance in general use, the employe, not knowing of its existence, does not, as matter of law, assume dangers which their use would have obviated.-Donnelly v. Lehigh Nav. Electric Co., Pa., 102 Atl. 219.

62.- -Warning.-Where the injured servant told the foreman of the master that he had sawed many cords of wood and understood saws, he could not recover on the theory that the foreman had failed to warn and instruct him as to defects in the saw which were open and obvious.-Evans v. Harper & Googin Co., Me., 102 Atl. 225.

63. Workmen's Compensation Act.-Where plaintiff's employer and defendant street railway company were both under Workmen's Compensation Act (Gen. St. 1913, §§ 8195-8230) when plaintiff was injured, defense that plaintiff's sole remedy was under the act is not established, where he was not injured on the premises or during hours of service as required by section 8230, subd. "i."-Otto v. Duluth St. Ry. Co., Minn., 164 N. W. 1020.

Municipal Corporations-Appointment to Office. Any person elected or appointed to office under city charter is presumed to accept same with condition that his tenure may be terminated at any time in manner prescribed in such' charter.-Baines v. Zemansky, Cal., 168 Pac. 565. Plaintiff,

66. Contributory Negligence. who was injured by defendant's automobile approaching at high speed, was not guilty of contributory negligence as matter of law because, though headlight was plainly visible, he failed to see it on looking in direction whence automobile came before he stepped off sidewalk.Klokow v. Harbaugh, Wis., 164 N. W. 999.

67. Instructions.-Allegations that defendants "so carelessly and negligently drove and managed the horses and vehicle" as to strike and injure plaintiff raised issues warranting instructions as to duty to "observe" persons crossing street and "to use ordinary care to avoid injury.-Cooper v. Kelly, Ark., 198 S. W.

94. 68.

-Instructions. In action against garage company by husband and wife for injuries to wife when she tripped over rope with which company was towing automobile on street, it was error to instruct that extending of rope between two cars placed burden on company to warn others of obstruction.-Steinberger v. California Electric Garage Co., Cal., 168 Pac. 570.

69.Negligence.-Where the city built a sewer and inlet and negligently allowed it to become choked and so to remain for over four months, SO that it caused an overflow with damage to abutting property, it was liable for such damages.-Geiger v. City of St. Joseph, Mo., 198 S. W. 78.

70. Ordinance.-Municipal ordinance forbidding person from occupying house in a block upon which a greater number of houses are occupied by persons of the opposite race held invalid.-Buchanan v. Warley, U. S. S. C., 38 S. Ct.

16.

71. Navigable Waters-Soil in.-That sand in river bed is liable to be shifted held not to change its character while at rest, as respects right of state to make charge for taking sand.Wear v. State of Kansas ex rel. Brewster, U. S. S. C., 38 S. Ct. 55. 72. Negligence-Imputability.-Where it does not appear that passenger in wagon was in any respect responsible for acts of driver, driver's negligence in going upon interurban railroad's crossing cannot be imputed to passenger unless it was sole cause of injury.-Southern Traction Co. v. Owens, 198 S. W. 150.

73. Partnership-Non-Trading Firm.-In action on note signed by firm name by partner, instruction that if partnership existed, and its principal business was earning commissions by dealing in land, there could be no recovery, was properly refused as eliminating possibility of finding that partner who did not sign authorized use of name of nontrading firm.-Chumbley v. Courtney, Ia., 164 N. W. 945.

74. Perjury-Good Faith.-A man, honestly mistaken as to the existence of a fact which he affirms to exist under oath, is not guilty of perjury merely because the fact was other than as stated by him under oath.--State v. Lazarus, la., 164 N. W. 1037.

75. Principal and Agent-Sub-Agents.-Where automobile manufacturer intending to deal direct with subagents relieved dealers of receiving and paying for cars ordered by the subagent, held, that it could not defeat claim for commissions because they were not received and paid for.-Pixlee v. Buick Motor Co., Mo., 198 S. w.

86.

76. Railroads Contributory Negligence.-In action for injuries at crossing, that telegraph poles obscured vision at one point did not absolve plaintiff of contributory negligence in

driving upon track when for 30 feet before he went on track his vision was unobscured.-Jones v. Southern Pac. Co., Cal., 168 Pac. 586.

77. Release Construction of Writing.-That terms of release executed by plaintiff's general guardian pursuant to order of probate court were broad enough to cover any claim guardian might have had individually held to give rise to no inference that payment for which release was given was for other purpose than compliance with terms of compromise sanctioned by court, or that guardian received any part individually. --Swartz v. Filipello, Cal., 168 Pac. 574.

78. Religious Societies-Trust Impressed.— Where congregation was incorporated and acquired property to maintain place of worship according to doctrine of United Greek Catholic Church, it was impressed with a trust for such purpose, so that members adhering thereto were entitled to injunction against members following another doctrine.-Kicinko v. Petruska, Pa., 102 Atl. 286.

that

79. Sales- Acceptance.- Memorandum plaintiff would take team, allowing $300 on contract for artesian well, contemplated transfer at time performance was due on plaintiff's part, and if at such time team was not sound as represented, plaintiff was not obliged to accept.Norbeck & Nicholson Co. v. Nielsen, S. D., 164 N. W. 1033.

80.-Contract.-A contract to sell 500 head more or less of cattle, including "all cattle with the 14 on left loin and hip and LEC on left side from shoulder to hip," did not include cattle branded only with one or the other brand.Valentine v. Shepherd, Ariz., 168 Pac. 643.

of

81. Fixtures.-Provision of contract brewer for furnishing fixtures to saloonkeeper, that if he cease buying beer of it he shall buy the fixtures of it "at cost price less 10 per cent per year for depreciation," means 10 per cent each year from original cost price. -Kansas City Breweries Co. v. Ratzer, Mo., 198 S. W. 84.

82. Rescission. It is fraud, warranting rescission by buyer, for seller of mule, knowing that it has a latent disease, heaves, not discovered by trial made, or known to buyer, to keep quiet and not disclose the defect.-Salmonson v. Horswill, S. D., 164 N. W. 973.

Blast

83. Reservation of Title.-Seller of goods, reserving title, to corporation which became insolvent, by filing purchase-money notes with company's receiver for allowance waived any right to reclaim property and to have its claim allowed as preferred claim, machinery having been sold by receiver.-Gordon Hollow Grate Co. v. Zearing, Ark., 198 S. W. 97. 84. Removal After Rejection.-Where a railroad company inspected ties placed on its right of way and notified plaintiff of rejection, subsequent removal of ties by one unknown creates no presumption against company.-Atlantic Coast Line R. Co. v. Drake, Ga., 94 S. E. 65.

85. Specific Performance-Evidence.-Where E, under bond for deed from C, had continuous possession till his death, and thereafter, but before decree in E's estate awarding land to plaintiff, C deeded to J, and J to G, both knowing of such possession, held, title would be decreed in plaintiff, on paying taxes paid by J and G, and amount due under contract, without G accounting for value of use.-Phillis v. Gross, S. D., 164 N. W. 971.

86. Street Railroads-Estoppel.-Trustee for bondholders of electric railway company, held not estopped from foreclosing mortgage because they had induced bondholders of street railway company, in consideration of a merger, to consent to a reduction of its bonded indebtedness. --Columbia & Montour Electric Co. v. North Branch Transit Co., Pa., 102 Atl. 214.

87. Last Chance Rule. That a driver of a wagon was on the opposite side from a coming street car, and could not possibly be seen by the motorman, would not bar recovery, under the last chance rule, for the death of such driver as a direct result of the collision, even

though the motorman did not anticipate such result.-Bybee v. Dunham, Mo., 198 S. W. 190.

88. Taxation Non-Resident. Deposits in bank in Missouri, owned by resident of Kentucky, held taxable at the owner's domicile, even though also taxable in Missouri, and whether tax was on the property or on the person.Fidelity & Columbia Trust Co. v. City of Louisville, Ky., U. S. S. C., 38 St. Ct. 40.

89. Trusts-Termination. Where surviving life tenants, under a trust, conveyed their intérest to remainderman, a charity, the purpose to protect corpus pending life interests having been accomplished, the trust would be declared terminated on petition of remainderman.-In re Stafford's Estate, Pa., 102 Atl. 222.

90. War-Alien Enemy.--An alien enemy, resident in the enemy's country, cannot, during the war, prosecute an action in the courts of this country.-Rothbarth v. Herzfeld, N. Y., 167 N. Y. S. 199.

91.Alien Enemy.-Money in hands of an administrator, belonging to alien enemy will be held, to be paid to the alien at end of war, or in the meantime to the constituted authority of the United States entitled to receive it. In re Kelly, N. Y., 167 N. Y. S. 256.

92. Waters and Water Courses. Riparian Rights. The meander of a body of water or lake in a survey of the public domain excludes its area therefrom, and it becomes subject to the riparian rights of the abutting owners in accordance with state laws.-Lee Wilson & Co. v. United States U. S. S. C., 38 S. Ct. 21.

93.- -Wrongful Diversion.-That a complainant, by diverting water from a stream, deprived defendant of water which it had a prior right to appropriate, held no defense to a suit to enjoin defendant from opening the ditch and taking water therefrom-Bader Gold Mining Co. v. Oro Electric Corp., U. S. C. C. A., 245 Fed. 449. 94: Wills-Ademption.-Under will bequeathing proceeds of life insurance policies for education of daughter, held, where testator procured cash surrender value of policies, investing proceeds in real estate, there was "ademption" to of bequest daughter-American Trust & Banking Co. v. Balfour, Tenn., 198 S. W. 70.

95. Burden of Proof.-Fact that husband wrote will of his wife, in which he was sole beneficiary, did not cast upon him burden of disproving undue influence, as it would have done in the case of stranger.-In re Spence's Estate, Pa., 102 Atl. 212.

96. Contest.-In will contest, court properly instructed that, jury could consider use of intoxicating liquors by testator for purpose of determining whether he had mental capacity to make will.-Ravenscroft v. Stull, Ill., 117 N. E. 602.

97. Contract.-Promise to leave property in return for support of services need not specify how title is to pass, it being sufficient if agreement is shown that promisee shall receive property, or that it shall be left to him at promisor's death.-Velikanje v. Dickman, Wash., 168 Pac.

465.

98.- Estate Tail.-A will bequeathing to a daughter four-tenths of all real estate and personalty, and, in the event of the devisee dying unmarried, without issue, such part of the estate to go to others to have and to hold to them, their heirs, executors, administrators, and assigns forever, created an estate tail in the original donee.-Skolfield v. Litchfield, Me., 102 Atl. 240.

99. -Intent of Testator.-A clause in a will declaring that all my estate is community property. ** * Realizing that she is entitled to a full one-half of all of said estate, I intentionally make no further provision for her"-shows intention to give testator's wife half the estate whether community property or not.-In re Hartenbower's Estate, Cal., 168 Pac. 560.

100.-Life Estate.-Under will giving testator's wife, if living at his death, the entire life income of residue of his estate, except certain bequests, and the remainder in trust to pay legacies, the equitable remainders became operative at her death.-Lyford V. McFetridge, Mass., 117 N. E. 589.

Central Law Journal.

ST. LOUIS, MO., JANUARY 18, 1918.

RIGHT OF A LABOR UNION TO INDUCE ITS MEMBERS TO COMPEL AN EMPLOYER TO UNIONIZE HIS BUSINESS.

The decision of the Fourth Circuit Court of Appeals dismissing a bill by a mine. owner to restrain certain officers of a labor union from persuading laborers to join the Union and thereby bring about a strike at its mine, where such laborers had agreed as a condition of employment that they would not join, was reversed by U. S. Supreme Court, notwithstanding the fact that the contracts between such mine owner and such laborers were terminable at will. There was dissent by Justice Brandeis, concurred in by Justices Holmes and Clark. Hitchman Coal & Coke Co. v. Mitchell, 38 Sup. Ct. 65.

The prevailing opinion by Justice Pitney says the fact that this is a contract terminable at will "does not make it one at the will of others. The employee has manifest interest in the freedom of the employer to exercise his judgment without illegal interference or compulsion." But how may this be pertinent in a suit between the employer and a third person? This was not a case where the employee was complaining.

The court, however, further says: "Plaintiff (the mine owner) was and is entitled to the good will of its employees, precisely as a merchant is entitled to the good will of his customers, although they are under no obligations to deal with him. The value of the relation lies in the reasonable probability that by properly treating its employees and paying them fair

wages and avoiding reasonable grounds of complaint, it will be able to retain them in its employ and to fill vacancies occurring from time to time by the employment of other men upon the same terms. The pecuniary value of such seasonable probabilities is incalculably great and is recognized by the law in a variety of relations."

gun.

This is quite a novel application of the doctrine of property right in good will, and appears to suggest a difference in businesses long established and those newly beBut it is not very apparent how a new business might be differentiated as far as employment of labor is concerned as easily it is differentiated with regard to custom. Custom must be proved to be valuable, stable, easily to be estimated. It must present a basis for expectation of continuance. About the only thing any business and one as well as anothercould show was that it was so circumstanced that it would exist in the future for an appreciable time.

Passing on we find this opinion referring to one having a right of action against another for persuading an employee to quit a service he is engaged in and to the fact that these officers were not the agents of employees to bring about any such situation as they were aiming at. It was said: "The right of employees to strike would not give to defendants the right to instigate a strike. The difference is fundamental."

The opinion concedes that the good faith of those officers is to be taken into account, but where the damage threatened is irremediable, and a ruling "as in this case upon an assertion of conflicting rights that are sought to be attained by unfair methods, and for the very purpose of interfering with plaintiff's rights, of which defendants have full notice," it will not be controlling. This does not sound very positive. It does not grip one as a principle.