Greenwood

In passing upon the petition for rehearing herein, we have concluded to restate the issues involved and our views thereon. It is therefore ordered that the opinion heretofore filed in this cause on January 6, 1925, be and the same is hereby entirely set aside and the following substituted as the opinion of the court in lieu thereof:

This is an appeal by the defendants from an order of the trial court granting a temporary restraining order or injunction whereby the defendants were restrained and enjoined from collecting, or attempting to collect, a certain per capita tax of $4.50 from members of Local Union No. 162 of the Sheet Metal Workers, and also restraining said defendants from threatening to, or actually striking or call ing out members of other crafts engaged in the building industry in the city of Sacramento, in either shops or buildings, in which members of said Local Union No. 162 were employed. A hearing was had upon an order to show cause why a temporary restraining order or injunction should be not issued during the pendency of the trial of the action.

The record shows that the Sheet Metal Workers’ Union, Local No. 162, was, at the time of the commencement of this…