The Act emphasizes the words "peaceable" and "lawful" throughout the phrases which were used. We do not think that these declarations introduced any new principle into the equity jurisprudence of the Federal Courts. They are merely declaratory of what was the best practice always.
Congress thought it wise to stabilize this rule of action and to render it uniform. Its object was to reconcile the rights of the employer in his business and in the access of his employés to his place of business without intimidation or obstruction, on the one hand, and the right of the employés, recent or expectant, to use peaceable and lawful means to induce prudent principles and would-be employés to join their ranks, on the other.
If, in their attempts at persuasion or communication, those of the labor side adopt methods which, however, lawful in their announced purpose, inevitably lead to intimidation and obstruction, then it is the Court's duty--and the terms of Section 20 do not modify this--so to limit what the propagandists do as to time, manner and place as to prevent infractions of the law and violations of the right of the employés and of the employers for whom they wish to work.
In going to and from work, men have a right to as free passage without obstruction as the streets afford, consistent with the right of others to enjoy the same privilege. We are a social people and the accosting by one of another in an inoffensive way and offer by the one to communicate and discuss information with a view to influencing the other's action, are not regarded as aggression, or a violation of that other's right.
If, however, the offer is declined, as it may rightfully be, then persistence, importunity, and following do become unjustifiable annoyance and obstruction which is likely soon to savor of intimidation. The nearer this is to the place of business, the greater the interference with the business and especially with the property right of access of the employer. Such an attempted discussion attracts the curious, or, it may be, interested bystanders. They increase the obstruction as well as the aspect of intimidation which the situation quickly assumes.
In the present case, under the conditions which the evidence discloses, all information tendered, all arguments advanced and all persuasion used were intimidation--they could not be otherwise.