Frostburg mining journal., 1880-12-25
VICTORY FOR WORRINGMEN.

Judge Macomber, of Rochester, N.
Y, decided Tuesday Afternoon in favor
of the striking members of the Iron
Moulders' Union and against the
johnson Harvester Company of
Brockport, by refusing to grant an
injunction restraining the moulders
from enticing away new employees of
the company. Judge Macomber's
opinion embraces some interesting
points, concerning the constitutional
rights of workingmen. He says:
"It appears that the strike men
toned was preceded by an order of
the plaintiff reducing the wages of
the iron moulders who are defend
ants; also that the moulders, then
and since in the employ of the plain
tiff, had not contracted their services
to the plaintiff for any stated length
of time, but that, on the contrary,
they were at work by the day or
piece. The orderly and peaceable
assembling and cooperation of per-
sons employed in any profession,
trade, or hsndicraft for the purpose
of securing an advance in the rate Of
wages or compensation, or for the
maintenance of such right, is now
permitted by statute (Char. 10. Laws
of 1s7o)."
The court holds that the mere en-
ticing Of laborers who are not of the
class of domestic servants from the
employ, or from entering the employ
Of concern, is legal, and adds: Gas
is we'll known, the origin of this kind
of actions was at the time of the sub
stantial enslavement of domestic SER
wants, and at the outset it proceeded
upon the theory that such SER
wants had not the freedom of action
which is conceded to that class at the
present day. / am disinclined to ex-
tend by any judgment of mine the
doctrine Of recovery for enticing away
servants, when both in fact and in
theory the person enticed is free
agent to come and 60 as he will, re-
sponsible only, like other persons, for
violation of his contract or his duty.
The object of many acts passed in the
present century WAS to fix the price
of labor not only beyond control of
the laborer himself, but also beyond
control of the employer, with what
measure of success it is not necessary
for me here to say; but I apprehend
that the course of Legislation upon
that subject in this State has been
wiser, and with more full and accu-
rate knowledge Of laws of political
economy. Indeed, it would seem that
the wisest laws of economy would de-
mand that there should be no legisla-
tion upon this subject beyond pre-
serving both employer and employed
against violence and breaches of the
peace, or acts in the nature of tres-
pass which have tendency to bring
about breaches of the peace. The
fact that there are vast acccumula-
tions of capital directed toward the
development of the resources of ma
ture and of trade in this country,
having all the advantages Of aggra-
gated wealth, would probably, if not
certainly, have tendency to induce
laborers also to combine for their
own protection. Capital would seek
to obtain the cheapest labor, and
unless resisted by something more
than the old methods before the
breakdown of ancient industrial sys-
toms, would almost inevitably sue
ceed in distributing its relationship
to labor, to the detriment of the com
munity. 1t is, think, for such rea-
SONS that trades unions were organ
lied, and for such reasons is it, if at
all, that their policy can, or on prin-
ciplos of political economy ought TO-,
be recognized and sustained. Fur
ther than this, let the law of supply
and demand govern the parties. The
field open to either is wide. The mo-
ton for an injunction during the
pendency of the action is denied, with
910 crata