The Conservative. (M'connelsville, Ohio) 1866-1871, 1867-07-04
illegal combinations.


The Washington dispatches of this
morning say that in the Supreme
Court Of the District of Columbia
little case, involving great principle,
we decided yesterday. Judge Wylie |
declared, in his opinion, that the com.
bination of physicians to regulate and
prescribe the amount Of their fees was
an illegal combination, and he accor-
dinghy reduced aphysician's bill against
the defendant in the case before him
to an amount equal to his previous
charges-about one-half Of the attemp-
ted increase.
1t is possible that this is good law.
fit is it applies to all trades, unions
ard similar combinations. An analo.
gous case arose in the courts of New
YORK a fow years ago, and was deci-
ded on similar principles 1t is
coincidence that it also occurred in the
medical profession. A county medical
society, an incorporate and official
body, passed resolutions that it should
DO considered dishonorable for any
member Of the society to take and
hold the offices Of the physician to tn o
Jail, almshouse, peLitentiary, &c, at
less than certain rates, which were
specified in fce-LiIl accompanying the
Resolutions. Some time afterwards a
member of the society underbid these
rates, aud thereby secured an office.
Ho was promptly expelled from the
society at their next meeting, an OK.
pulsl0n which technically deprived
him of the legal rights conferred by
membership. In fact he was no long
or Irregular" physician, according to
law.
He brought suit IN the Supreme
Court for restoration to membership
in the society. rhe latter employed
able counsel and resisted his apphca-
tion on the ground that they had a
right to choose their company and dc.
eide on the qualificati )ns ofthcir own
members. But the court granted
mandOmus compelling the society to
receive him back on ground almost
identical with that on which the decis-
ion of Judge Wylie, mentioned above
is based 1t was declared that the
combination of the society to fix fees
and cOorce its members was an act Of
lpubllc iniustlce-in n word it was an
illegal combination, interfering with
personal liberty, and destructive to
that heathtul competition which is
the life Of business. Physicians had
no right to interfere, as q body, with
any private contracts that individuals
might choose TO make. The iurlst
who rendered the decision Judge
Marvin) gave tho subject n very care
full study in the light Of common law,
and was, moreover, man of great
learning and purity of character. He
is now, we believe, one OF the Judges Of
the Court ofAppeals in New York.
1t has been affirmed, in one case,
that such combinations have no bind
ing effect upon the members consent
ing to them, and that any attempt to
disgrace or punish person for viola
tinr such q bargain is llVSHi, anu, IN
second case, that tee-bills or tariff
so fixed have no value in the law, but
may be reduced at tho option Of the
court to what it may consider q rea'
sonable charge. In the New Nork
case, however the opinion went fur
, Ihor, and declared all such cOmbina-
D ton to be contrary TO the public good
!, in other words, nHlsanees to DO q
! bated under the law. Ifit IS true asaP
Piled to doctors, it IS equally true as
. applied to all mechanical trades; and
4 it is question for tho lawyers 10 set
A tie whether the compulsory measures
n employed by the trades unions to.pre
t vent the hiring Of certain kinds o
s hands, or to Interfere with private
n contracts, are not also illegal and gooc
4 causes for action IN the law. It's tru'
r that the unions very rarely resort t
0 force, but they hold and WELD powe
q of moral intimidation which is equal,
V coercive.
Suppose builder to have taken
il contract and to have employed hi
n labor on terms which would yelld hir
q a profit. Suppose that these laborer
o are then coerced by others, not them
= selves parties to the mutual contrac
,s and 80 intimidated by threats of SO
\. clal and business ostracism as to de
is sert their work, thus subjecting then
10 selves and their employers 10 seriou
a. loss. In such 3 case the same rul,
= of law involved in the two dicisior