The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-12


y hat store on Broad street that makes
. him a nest profitable annual return.
:. and c determine that the brsiress Is Bucl
!. n good one they viii try TO get 1t 'oi
=, themselves. They. therefore. oIcn hat
D.. store in partnership directly by the sid.
4, Of AS. and sell hats at a price that Is
I ruirous to \ II he meets tho competition
Now here is a case I'm which two men
I have ccnslired together TO ruin another.
, and yet the act Is legally perfectly lnno-
, ccnt-anG why? Because their real object
IS 10 benefit themselves. They do not
, really want TO ruin \. They would be
delighted II he would sell out and go
away What they want is TO benefit
themselves. This is one Of these agree
ments 10 injure another which the COM
petitions Of business compel the law 70
sanction.
But II and G had not had II really IN
good faith in their minds to secure the
hat business for themselves. but had
been animated solely by q grudge they
had against A, ana If they had made
their agreement for the sole purpose OF
maliclously destroying \. then their
agreement would lave been an unlawful
agreement and one that was criminal.
The test therefore, In every case IS
whether the parties TO the agreement are
! II good faith seeking TO benefit them
| selves or whether they are. in point Of
fact. seeking 10 do no more than iniu'e
another If It Is the first, It is right; If IT
Is the second It IS wrong.
Now the walking delegates may deter
mine conscientiously that # would be a
good thing for a party Of workmon n
they inflicted q wanton injury upon their
employer. Yet. although they acted I'm |
good faith towards their constituents. |
this act would be an unlawful and wrong |
fal one by reason Of the fact that the |
primary object would be injury TO anoth-
or, and not benefit to themselves. II this.
which is the sound distinction. is kept
before the mind, it Will clear up the diff
cultics Of every case and show that many
agreements which seem unlawful at first
blush are really lawful. ard many others
"hIch seem lawful at FIRST blush are real
ly unlawful and against common right.
me Importance Of these remarks. as
applicable 10 the case that was before
Judge Grcsscup, viii appear from readiny
this further extract from his charge:
If IT appears TO you, therefore. apply
ing the illustration to the OCCURRENCES
that viii be brought to your attention. !
that any two or more persons by CON |
cert insisted or demanded under enec-
i've penalties and theats upon men quit
uNS thcir employment 10 the obstruction |
OF the mails, or Interstate commerce
you may inquire whether they did these
acts as strangers to these men or
whether they did them under the gllise
OF trustees or leaders Of an associa-
ton 10 which these men belonged. And
II the latter appears. you may inquire
Whether their acts and conduct f. that
respect were in faithful and conscientious
execution OF their supposed authority or |
were simply use II that authority as
a suSe 10 advance personal ambition or
sausiy private malice. There - honest
leadership among thes-, OUR lab1riu. fell
ow-cluZcns. ard there il. doubtless. dis .
honest leadership. You should not brand
any act Of leadership as done dishou-
'Sty or ln bal faith. unless il so clearly ! T,
appears. But II 10 does SO appear. II any o.
person is shown 10 have betrayed the T.
trust ~ these tOiline men and their acts .
.aI within the definition OF crime as ] .
have given il t. you, IL Is alike the ,
interest, the pleasure and the duty of 20
very citizen 10 bring them 10 SWIFT r.
lnl heavy punishment. ~
10 is plain that the Judge makes the S
igAt or the wrong Of the agreement bee u
wcen the parties turn upon The good -,
aith If those who bring about the act I
omplaincd OF. But good or bad faith may r
IT may not have anything TO do with the ~
ase. Those whom De calls tie trustees M
r. leaders may honestly believe they SO
re doing the best thing possible for ID,
hose whom they represent. yet If their N
et is one OF wanton injury % the en-
foyer 1t is an unlawful act. The good
css or badness OF the act turns on
he intention which is AT the bottom OF "
a, and not upon the honesty or sincerity W
T the actors. tn