The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-06-05
AN IMPORTANT DECISION
The Law Expounded by U. 5. Circuit
Judge Billings.

JuttSS billings.
From the New York Tribune7
Another exceedingly important decis-
ion, in its bearing upon the powers Of
labor organizations, has been rendered at
New Orleans by United States Circuit
Judge Billings. 1t deserves especial at
tention, not only for the Importance OF
the principles enunciated, but for the
great clearness and force of the reason
ing with which the Judge endeavors to
fortify them. Unlike the orders by
Judges Taft and Kicks in the Ann Arbor
case, the new declaration of the law does
not apply to railroad employees alone, be-
cause of provisions of the interstate law,
but extends equally to all workers whose
avocatlons are necessary to the COM
MERGE Of civilized society. Judge
Billings maintains that a concerted
strike, by which the commerce of city
is interrupted. is an of1ense against
society. The labor organizations, he Ge-
clares, were originally innocent and law
full in their purposes, but became unlaw-
ful 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 en-
ployers they were wholly right or wholly
wrong, does not in the least affect the un-
lawtuIness of the means employed to
enforce these demands. Judge Billings
said:
''All the union men-that is, all the
mem bers of the various labor OrganiZa-
tions-were clothed by their officers with
authority, under the various charters, to
discontinue business, and one Of these
kinds of businesses was transporting
goods which were being conveyed from
State to State, or to and from foreign
countries. In some branches Of business
the effect was to replace the union men
by other workmen. This was resisted bv
intimidation from vast throngs of union
men assembling in the streets, and in
some instances by violence. The result
was that, by the doings of these defend
ants, not bale of the goods constituting
the commerce of the country could be
moved. 1t is conceded that the labor or
CARNATIONS were at the outset lawful.
But when lawful forces are put into un-
lawful channels, when lawful associa-
tions take on unlawful purposes and do
unlawful acts, the associations them
selves become unlawful. The evil as
well as the unlawfulness of the act of de-
PENDANTS consists in this, that, until GER
tain demands of theirs were complied
with, they sought to prevent, and did
prevent, everybody from moving the
commerce of the city. 1t was the sue
cessful effort of the combination of the
defendants to intimidate and overawe
others who were at work in conducting
or CARRYING on the commerce of the
error and their violation of the statute"
These words, it will be seen, do not APP
ply solely to the lawless employment of
force or intimidation to accomplish a
purpose, though this is mentioned as OBJ
viously unlawful. The precise unlaw-
fulness on which the Judge lays greatest
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 Off
GERS and mem bers of an organization be-
come liable to penalties under the law
and also to damages when they conspire
to arrest the business of a city or of the
country. They have a right to urge
their demands by all proper means, but
they have not right to make society suf-
fer unless their demands are granted.
The principle here is that the public in
terest must not be sacrificed by individ-
uals or organizations in any effort to pro-
mote their own interest. They have a
right to strike, but not at such time or
in such a way as to injure the public.