Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1893-03-31
Another Important neci.Ion.

In an editorial printed last week we re-
ferred to the important question which has
been raised with regard to labor unions
and the relations of employers and their
employees, by the action of two United
States judges in the matter of the Ann
Arbor railroad strike. Rather curiousy
the action Of these judges was followed
Immediately by the promulgation of an
important decision, bearing directly on
this same subject, by the United States
circuit court at New Orleans. This decis-
ion, which was rendered by Judge E. c.
Billings. is, in brief, that general strikes,
where they interfere with the freedom of
commerce, are unlawful and the leaders
liable to punishment.
The case grew out of the strike of the
workingmen's amalgamated council of
New Orleans which, last November, entire
ly stopped the commerce of that city for a
short time. This body attempted to COM
pei the employment of only union men in
certain industries, and to effect such an
end forced a discontinuance of labor in
many lines of business and brought the in
dustries of the city to complete stand
still. Accordingly action was brought in
the United States courts for an injunction
to restrain the labor leaders from this in
reference with interstate commerce.
Judge Billings maintains that concert
ed strike, by which the commerce of city
is interrupted, is an offence against socie-
ty. The labor organizations, he declares,
were originally innocent and lawful in their
purposes, but became unlawful by the act
of engaging in this attempt to stop the
business of the city. Whether their de-
mands were just or unjust, whether in
their controversy with employers they were
wholly right or wholly wrong, does not in
the least affect the unlawfulness of the
means employed to enforce those demands.
The decision says:
at is conceded that the labor organizations
were at the outset lawful. But when lawful
forces are put into unlawful channels, when law
full associations take on unlawful purposes and
do unlawful acts, the associations themselves be-
come unlawful. The evil as well as the unlawful
ness of the act of the defendants consists in this
| that until certain demands of theirs were com
| piled WITH they sought to prevent, and did pre-
vent, everybody from moving the commerce of
| the city It was the successful effort of the com
| bination of the defendants to lntimidate and
| overawe others who were at work in conducting
| or carrying on the commerce Of the country in
which the court finds their error and the viola
tion Of the statute"
While this decision is general in its terms
and must be of broad application, the I'M
| lawfulness on which stress is laid is that
of preventing the commerce of city oil
country from being carried on, and the i'm
plication is clear, that-granting the decis-
| ion to be sound-all officers and members
of an organization become liable to penal
ties under the law, and also to damages
when they thus conspire to blockade the
public traffic.
The principle affirmed by Judge Billings
is that the public interest must not be sac
rifced by individuals or organizations in
any effort to promote their own interest
They have a right to strike, but not al
such a time or in such way as to injur'
the public. The multitude of innocent
persons who have no part in controversy
and have done no harm to the organized