48 FEDERAL REPORTER.
·sett1ed‘ and just rule of law that the conduct of one party to a contract
which prevents the other party from performing his part is an excuse for
non-performance; I will not further discuss this question, as the rights
of- theplaintiffs involved in the issues presented by the pleadings have
been determined b afair and im artial trial.
. t Y . P .
I think that a ideoided preponderance of the evidence showed that the
failure*·of-the saw~mill to do good work was caused by the defendants
not- being willing to pay sufficient compensation to secure the services of
{experienced and competent engineers and workmen to operate machinery
‘ that required skillfulmanagement. i"For the consequences of misman-
agement, inattention, andthe want of the required skill in the working
the plaintiffs are not, nor does theircontract in any manner make them,
·responsib1e"’ in this action. » Dyson vt Tyson, 92 N. C. 291.
· 4Q Motion for new trial disallowed. A . t V i t
,_ 5 i. OLD -.DOMINION   Co. ·u. McKenna-and others.
I   _ it ` (came loam,,s.`_15. ivaz»',r}»¥1tQ reentry 25, 1887,) I
1. `CoNsri1tAcY—-Srnrxirse-1;noou1zrrrt§;iEm:1=I.oY1;s ro Sire? Wont.
I · Theprocurement of workmen who are employed upon terms as to wages
‘ , i ~· which are just and satisfactory to quit work in-a body for the purpose of in-
V iiicting ,inju;·,y;aud damage upon theemployer ·by persons who are not in his
employ, and until the employer should accede to demands of such outside per-
‘ sons, which he is under no obligation to grant, constitutes in law a malic10us
. I · andcillegal interference with the employers business, which is actionable.
.2. SAME-BOYCO'.l"I‘—-DAMAGES—MISDEMEANOR—PEN. Conn N. Y. § 168.
. Declaring and attempting to enforce a boycottfor the purpose of compel-
l` ling an employer to pay such arate of wages to his employes as the boycotters
·. A . who are not in: his employ might demand, are acts rendering the boycotters
  pliable in damages, and are also misdemeanors at common law as wel as by
' _ ,Pen. Code   . §168. _ ,
81 iSAME—LABORERB’ Assoors·rroN—UmoNs.
· J » t All combinations.and»associations designed to coerce workmen to become
» ...t 1 members of suchcombinations or associations, or to interfere with, obstruct,
' vex, or annoy them in working, or in obtaining work, because they are not
  " members, or in order to induce themto become members; or designed to pre-
v . vent employers from making a just discrimination in the rate of wages paid to
the skillful and to the unskilful; to the diligent and to the lazy; to the eiiicient
Q and to the ineiiicient; and all associations designed to interfere with the per-
  fect freedom of employers-in` the proper management and control of their
t   lawful business, or t0_ iotate in, {any, particular the terms upon which their
V business shall be conducted, by means of threats of injurypr oss, by interfer-
., ` _ ence w”itl1.the_ir property or tranic, orwith their lawful employment of other
  ‘ 'persons, ordesigned to abridgeany or these rights;-·—ai·e-pro mma illegal com-
_   » binations or associationsgl and ;a1l.aets»_done,i,n furtherance ;ofsuch intentions
(_, _ gby such means, andacoomnanied by damage, are actionable. _ V
W4. ·SaM`E·rA.CTION·—n INJURY *ro__ Pnoiurnfrr ”—Onnnn or Am2.ns·r—Conm Own.
’-j"jPROo.N.Y.§549,SUBJ:•.2." ’“ · y ‘‘‘‘ `· I , -
<~·2 ‘   Air action to recover damages from mcse who have combined to do such an
,   injury toa p1ai.ntiif’s* business,_and the use of his property, is "an action for
i, ‘· an injury to property," within the meaning of section 549-, subd. 2, Code Ciyil
‘i ` *Proé. N: Y.,·-and an order for the arrest of defeudantsmay be granted therein.