The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1868-09-19

anss vigh ike iswp Thai ia~ysrs VIII dit /
fer on such question, ! hsvs no dcabt.
Zach may be said on both sitcs- TIE auth
'0sity, admit being principslIy h supsart
of - deeisle1y while th1 dictates o. resscn
nnd Ne rsquifsnsnts Of Jsstics lead 70 .
different conoIDfon
| ksve looked into he subject, and can
find Bra few easss In che reporss 81 the
oourts - this stsse, in wh1oh judicial in
terpretation has been given TO the particular
session Of the revised statutes, for an a.
legged violation Of the provisions OF which,
the bricklsyers have been found guilty.
The only criminal case was decided in the
Supreme Court Of the state in the year 1885.
Is vas in the case Of The People against
Fisher u others, reported IN IA Wendell,
page /. Fisher and his co defendants were
journeymen shoemakers, and members Oh
Shoemaker Hnion In the village Of Geneva,
in the county of Ontario. They were in
dicted for combining TO raise the price of
their labor A true Indictment was found
against them by the Grand Jury, and on ap-
peal TO the Supreme Court, the indictments
90 found was sustained. The opinion Of
the court was delivered by the Chief Justice,
and the theories advanced by the learned
Judge were viewed 10 the light Of tbe pres
ent day, appear to be IN some respects de-
cidedly peculiar. As an illustration, | quote
the following. The Chief Justice ass erts
that Whatever disputes may exist among
political economists upon the point, think
there can DO no doubs, in legal sense, but
that the wages of labor comprise material
portion of the value Of manufactured arti-
cles. The produce Of mechanical labor COM
= u.
with which trade Is carried On. By trade
DOW understand traffic or mutual dealings,
between members Of the same community,
are made In many parts Of our country
not for particular persons who are 20 wear
them. but as an article OF trade and COM
merce. Probably such is the case in Gene
Va, where this offense was committed. II
joorneymen boot and shoe makers by extrav-
CANT demands for wages so enhance the price
Of boots and shoes made in Geneva, for in
stance, that boots made elsewhere, in Ala
bama, for instance, can be sold cheaper Is
not such injurious to trader Ii is so TO the
trade OF Geneva in that particular article,
and that apprehend in all that is necessary
TO bring the ofense within the statute. IL
- important to the best interests Of society,
that the price of labor be left 20 regulate it-
self, or rather be limited by the demand for
it. Combinations or confederacies to en-
nance, or reduce the price Of labor, or IL
any articles of trade or commerce Is mi lri-
GUS. Without any of6cious interference on
the subject, the price Of labor, or the wages
OF mechanics will be regulated by the de-
mand for the manufactured article, and the
value Of that which is paid for il. All com
blnations for such an object are injurious to
the public, and therefore IN the opinion u
/ the court illegal.
Although ir this opinion political ecOno-
mists are repudiated, there are few lazy ers
who will not now readily admit, that the
Chef Justices reasons and bis illustrations
TESTIFY, that when writing bis opinion, he
was far more deeply imprs 5sed with the ex-
ploded theories OF our political economis
than with the leading principles Of justice,
equality and right. II the theorirs put
forth IN his opinion, and not merely sanc-
toned, but enforced BY judicial authority be
. correct exposition of the law, then | can
only say, that this law is daily, openly, tear
iessly and without tue slightest opposition,
on the part Of the authorities, set at defiance
BY toe capitalists Of the CITY OF New York.
La at least two cases (Hooker vs.. Wander
water, Denio's Reports 552; and Stanton
va. Allen, DEMO 434) il was decided tha,
combination between several lines esta-
olisned for carrying purposes !" was a con-
splracy among the individuals entering
INTO the arrangement, TO prevent free
competition among themselves in the bus
mess OF transporting merchandise, proper
~ and passengers, and was an offence
against the laws Of the State agairs the
particular section Of the Revised statutes
70 which 1t IL alleged the workmen contra
vened-" These cases were decided few
years after the decision Of the Court above
quoted in the case of the jonrneymen shoe
makers, the latter case being cited as an au-
thorlty in support Of the former. All three
cases, therefore, stand or fall together II
e was unlawful for the journeymen shoe
makers 10 combine to secure what they CON
ceIyed 10 be their interes' and increase "a
the wages-It was equally Illegal for indi-
visual capitalists 70 combine, for what they
also conceived to be their interest, TO avoid
an unnecessary competition, and thereby Sc
cure higher rate for the carriage OF mer-
cnaudize, property and passengers. On the
other hand, II It is now recognized as expe-
dent, Just and proper and, therefore, law
ful-that capitalists sho I'D be permitted to
combine ana fix IL. teryls and conditions
and the rates for NhiC.. they will carry il
~ equally just and prc?er, and, therefore,
lawful, that journey len shoemakers, or
Journeymen bricklayers, should be permitted
TO Tx the terms ana conditions upon which
they will work. Simple justice demands
that the law should be applied equally to al,
and II the wealthy parties, instead Of being
prosecuted when found combining for their
interests, are respected, bonored and ca
ressed, Il is a most unjIsti6able act Of per.
secutlcn, gross Perversion Of law, and a
denial # justice, TO brand, or attempt TO
brand, the poorer parties as criminals when
found combining for their interests This i
far worse than enacting one Law for the rich,
and another for the poor. 1t Il bending .
law, enacted for both rich and poor alike, 90
respect the capitalists because they are rich,
and TO seize upon, and degrade 70 the po-
sition Of criminal, the j1urneymen work
men, because they are poor.
Now this is precisely the manner IN which
the law in this State rs 70 combinations has
been applied. We have many wealthy cap
iialists who have formed oppressive combi-
nations, and are not only tolerated but re-
spected in our midst. A few particular cases.
selected from tie multitude will establish
this beyond all controversy.
MS.
FRO BIZ Continued