Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-06
LEGAL PHASE or LABOR oRsANI.
yATTDN

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institutions. Tie rule that men can BE-
compelled to labor contrary TO their De-
siras. d one that can never be enforced
Ia this couniry. Lawyers end ncwspap-
crs. in uphoiling this decision. speak
| learuediy 81 the laws concerning con-
spiracy and contracts in restraint Of
trade. This T. about az inteileeIble as
Choaaw 20 tie average reader who
knows and cares but little about the
/ technical rules Of law As 20 civil con-
7 siracy number Of law writer's declare
/ that thcro Is no such thing. and Jujee
I Parsons who recognizes its eViueHcr.
finds very Few instances Of it, aud then
{ % can only sound iu damages 60 the party
! actually injured As 90 the law % b..
straiui Of trade, q was part of the
English common law. and was basel en-
tirciy upon the apprentice system. and
was designed 20 prevent pauptHsm. lt
has been recognized 30 the United States
100 causes where man contracted not
20 engage DO a certain occupation NJ any
time or place. bu, Il any limitation IS
made The contract is good. A contract
nor 90 pursue a certain dv0cation DO any
state except Massachusetts, or Rhuie
Island was held go1d Another not %
engage in n trade fos ten years was un-
bid. The nearest approach 70 tie rIle
laId down in the present decision IS 90 he
found in lhr English case ~ Hftdn US.
Ersarsley. @ Ellis and r. lI4 There
eighteen miH owners combined 60 con.
troll thc wages Of their employees QUO ~
them failej 90 keep bis agreement aud
tue court held rhit there was no liability
hccan4' the contract was void as hiuE
in restraint Of trndr There Is such
thing us criminal conspiracy, aud BE- court
Of equity con eujoin thr commission nf
injurious acts under s1ch conspiracy.
and SO tho acts are done can punish tle
conspirutJr- for contempt of court. as
well as Tor The conspiracy But CON
sp.my Is o purp9se. nor on effect ~
au Organization was formed for ile pur-
pose Of interfering with the railroad
company's property or with the freight
passing over tia road. Q, wo1lI Do iieul
aud thr members would he punished
without regard t1 thrir personal part Boz
carrying out -uch intent But The labor
uuiou was formed for the purpose OF
carrying tho freight not of stopping IT,
u uuy Individual members of the labor
organizations resort 90 violence. thr7c are
laws Dos which they can he punished. hut
th' entire organization can not be
nuOhcd Boy thp courts unless it was
founded Tor Unlawful purposes. which
go oL, w.l claim us 10 the Labor union.
boz the present struggle
There Is ono feature of the decision
which is correct. chat IS that under Che
Interstate commerce law the railroads
were bound Co extend the some facilities
to fhc Ann ATbor r18d as 90 other roads.
but be cluH0t lp ezt,aIrd 20 the work.
men who cluaot he made 90 share the.r
employers liabilities The only rr3 SON
tlat tl.s can Be- done as 90 The railroads
is that thry are quasi public corporations
md ar more nearly under the direct
control % thc government than udi.
yiluai subjects are The reading Of the
interstate Commerce law "a plain enough.
but &c applies only tu the r5Hraad CONS
palies. not 20 the individuals ,h1t have
40 interest Doc the property Of the roads,
boz are employees oaly 80 individual
IS responsible except 90 the ,vtea, 10
which he is Interested In the railroad
company. ln other words. the provisions
oi tlr Interstate commerce laws we've
intended to apply 90 tho corpora.
uols iblm.rIyps not t1 their scrvau,. or
90 individual members OF The company
even.
Tus principle Is identical with Tint Of
fhc Indictment 0f corporations for mlii
I e.ou- mischief which can De done and
. tho company faed, hut thr individual
officers or agent, ot toe company cannot
I De- d1el or imprisoned f,r tie ononse of
I tae corporation unless o. DE- the in,H,
yidual wis b alau, responsible. aud even
I that boz MANY ease. is doubtful
u 81 10 De- regretted that these judges
I viewed the ease from thc narrow stand.
/ poiu, " technical Interpretation. There
Z Is a principle which every lawyer rec
I oEuizes aud every citizen can understand.
known rs public policy, which controls
! The construction % statutes and the ln.
tcEprctation OF commOu law principles
/ \ new orIer Of affairs has nrisou since
the wnr, capital has cen,mlizpd a., never
before Immense and dangerous power
I BIAS bccomr vested "a corporations
Mopopnlics have crushed ont individual
enterprises and threatoa the individuals
themselves with the shacblcs Of indus.
4. tral slavery
IL has beccnie necessary for the por-
potUiy Of thc republic that organization
shall b. met with organization and labor
must baud together Tor mutual AID and
protection
labor cannot be treated as a commod.
ity oniy' u Is also personality A man
can Keep his corn as long as he pleascs
but the law compcls him 10 sch his labor
by means " v0wancy statutes. n the
law can and does compel him 20 dispose
OF hs labor, pari passo Il can. and should
protect him 30 bis labor The lnon know
ibis and demand that their rights shah
be recognized 80, TO DO SO. aud 40
Try 10 compel these men 10 work against
their WIN cannot fall 60 bring about a
situation whore the courts win be power.
less 60 cnfogre thrlr orders aud anarchy
and h!oodshcd win be- tho result.
The real interests Of cnpltal anl ioho,