The San Francisco call., 1896-11-08
NOT A TRUST Of
THE STEVEOORES
So the Supreme Court Has
Finally De-
cided.
Upon This Issue Hinged a Suit
to Get an Account
ing.

The Master Stevedores' Association was
organized few years ago, and took in
about all the stevedores IN the City. After
time dissensions arose, and the associa-
tion brought its quarrel into court.
Albert Herriman and others sued Stewart
Merzies and others for an accounting,
and won their case. An appeal was taken
by Menzies to the Supreme Court, and
therein he held that there was no cause
for action, because the Master Sievedores'
Association was in fact trust. The Su-
preme Court did not coincide in this view.
A decision was handed down yesterday
which affirmed the Judgment of the trial
court, and The effect of this is that Herri-
man and others will get the accounting
they have sought. Justice Van Fleet wrote
the opinion and Justices Garoutte, Hsr-
rison, Mcfarland, Temple and Henshaw
concucred. Concerning the Contract be-
tween the members of the association the
opinion contained the following:
We are unable to coincide in this construc-
ton OF The contract or 10 perceive anything
therein which renders il invalid upon the
grounds stated. The objection that its effect
is to create monopoly in and TO unduly re-
strict the business OF stevedoring does not ind
support in its terms. monopoly exists
where all or nearly all of an article of trade
commerce within d community district
is brought within the hands of one man or set
OF men, as to practically bring the handling OF
the commodity or thing within single control
to the exclusion OF competition or free traffic
therein. Anything less than that is not mo-
nopoly.
! Assuming that the business of stevedoring
is thing which is the proper subject OF d
| monopoly within this definition, there is
! nothing in this agreement to render it obnox-
ious TO that objection nor any thing to show
that it will operate to unlawfully restrain
trade. 1t nowhere appears therefrom that
the parties to this contract, by the com bina-
ton of their business interests provided for
are in the control, or anything like the con-
! troll, of that business in San Francisco to an
extent - enable them 10 exclude competition
! therein or control the price OF such labor o
| business. There is absolutely nothing TO show
| that they comprise more than the most insig-
nificant part or fraction, either in number or
volume of business, of those engaged in that
trade in this community.
We are not at liberty to indulge IN infer
ences which would restrict the parties in their
right TO combine their interests. We find
nothing in the terms of the present agreement
which would necessarily work an unreasona-
BILE restriction in the manner of conducting
the business in question, or which would
necessarily interfere with the freedom or right
OF others not parties TO The contract, to gage
and carry on such business. After a careful
review of all the authorities, we are unable to
say from the terms of the present contra ct
that II, 10 any extent, trenches upon the rule
of public policy invoked, or that there is any
| thing within its provisions which should pre-
clude the parties thereto from enforcing 1T.