New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-27
PROTECTING THE PUBLIC.

AnOthcf exceedingly ImpSi'"ho wv '''""' 80
its bearing upon the powers of labor organHa-
tons, has been rendered at Ncw-Orleans by
United states Circuit Judge Billings. 1t de-
serves espec;a attention, not only for the I'm
portance of the principles Enumerated, but fof
the grea. cearness and force of the reasoning
with which the Judge endeavOrs to fortlfy
them. Unlike the orders by Judges Taft and
Kicks in the Ann ArbOr case. this new declaia-
ton of the law does not apply to railroad EN-
ployes alone, because Of provisions OF the
Interstate law but extends equally to all
WORKERS whose avocatOns are necessary 70 inc
commerce of civilized society.
Judge Billings maintains that concerted
strike, by which the commerce OF city Is
interrupted is an offence against society. The
labor organizations he declares, were originally
innocent and lawful in their purposes, but be-
came unlawful by the act of engaging in this
attempt to stop the business OF the city.
Whether their demands were Just or unjust,
whether in their controversy with employers
they were wholly right or wholly wrong, does
not in the least affect the unlawiulness OF the
means employed to enforce those demands.
Judge Billings said:
All the union men-that IS. all the members OF the
various labor OBSERVATION-DISCLOSURES clothed by their
officers with authority, under the various charters 10
discontinue business, and one OF these Kinds of bnS'
nesses was Transporting goods which were bcinG con
yeyed from state state. or TO and from foreign
countries In some branches OF business the effect
was TO replace the union by other worknen THIS
was resisted by intimidation from vast fhrongS OF
union men assembling in the streets, and In some III
stances BY violence. The result was that. By the
doings OF these defendants. not bale OF the goods
constituting the commerce OF the country eoniu oc
moved
II Is conceded that the labor ORGANIZATIONS were III
the outset lawful But when lawful forces are put INTO
unlawful channels when lawful associations take on
unlawful purposes and do unlawful acts, the assocla
tions themselves become unlawful The evil as Wei
rs the unlawfulne.s OF the act OF DEFENDANTS CONSISTS
I'm this that until certain demands oil the'rN We're
omped WITH they sought 10 prevent AMI ola lr Vent
everybody from moving the commerce OF the cry. IL
wos the successful effort Of the combination OF th'
defendants to rmidatc and overawc Others VINO Were
a work I'm conducting or carrying on the commerce oi
tho country in which the court finds their error anu
their violation Of the statute.
These words, it will be seen, do not apply
solely to the lawless employment OF force or
intimidation to accomplish purpose, though
this is mentioned as obviously unlawful. Inc
precise unawfuness on which the Judge laws
great. st stress is that the organizations sought
TO prevent. and did prevent the carrying on
of commerce. If in this particular the decision
is sound, it follows that all officers and mem
bers Of an organization become liable TO pen
alties under the law, and also to damages
when they conspire to arrest the business Oh
CITY or of the country They have right to
urge their demands by all proper means, but
thew have net a right to make society suffer
unless their demands are granted.
The principle here is that the public IN
tere.t must not be sacrificed by individuals or
organizations in any effort TO promote their
own interest. They have right TO strike
but not at such time or in such way as u
injure the public. The multitude Of innocent
persons who have no part in a controversy, ana
have done no harm to the organized laborer,
have a right to protection by the courts 1t is
held against any course which makes them
suffer because employers and employed do not
agree 1t will be readily perceived that there
must be somewhere a limitation of this prin-
cple. because no strike can ever take place
which does not affect to some extent the in
terests of innocent persons who are not parties
to the controversy. But the decision only goes
so far as to declare it illegal to conspire for the
purpose of arresting the business Of a city or
of the country.
The boycott in any and every form is, under
the principles of this decision held illegal, as
an attempt to deprive society of its rights.
Sympathy strikes, as they are sometimes
called, strikes ordered for the purpose of max
ing trouble and less so general and so severe
that public opinion will compel employers to
Weld are clearly covered by tho principles of
this decision. 1t is not stated whether any
prosecution against individuals is to follow,
but it is to be hoped that in some way this
decision, as well as those rendered at Toledo,
will be brought on appeal before the United
States Supreme Court so that the law may be
finally settled.