The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-14
Blow at Trade UniOnists Who Attempt
to Prevent Introduction of La
bOr-Saving Machinery.
JUDGE CALDWELL DISSENTS
HE SAYS THE STRIKE AND BOYCOTT
ARE LABOR's ONLY WEAPONS,
And He Thinks They Can BE Lawfully
Employed in Fighting Combinations
of EmpIOyers-K. of l.. Assembly.

ST. LOUIS. Nov. 13.-An opinion which
will attract much attention throughout the
country was rendered yesterday in the Fed
eral Court of Appeals. The case was heard
by Judges Thayer, Sanborn and Caldwell,
and involves the legal right of labor union
to resort to the practice of boycotting. Ac-
cording to the opinions of Judges Thayer
and Sanborh the boycott is not a legal
weapon to use in a strike. Judge Caldwell,
however, takes exceptions to the views OF
the other two jurists and sets forth his
opinions at length and in emphatic terms.
The case was that of the Oxley Stave
Company, of Kansas City, Kan, VS.. H. c.
Hopkins, j. c. Collins, Thomas Yateley.
James Brown, j. r. Allen, Jacob Kelsey,
j. L. Collins, C. w. Marsh, Charles Prince,
William Stanton, c. w. Otis, d. Mul5ern
and w. Linder. The defendants are all
members of the Coopers' Union, No. IS, of
Kansas City, and Trades Assembly of the
same place. Some of them were employed
in the Oxley stave Company. In January,
1898. the stave company placed in their
plant machine to hoop barrels. This was
considered a serious drawback to the in
terests Of the workmen, and after deliberat-
ing on the measure in their meetings the
Coopers' Union requested the stave COM
pany to discontinue the use of the machine.
This was not complied with, and the
Coopers Union enforced a boycott against
the stave company.
The latter applied to the United States
Circuit Court of the District of Kansas
for an injunction to restrain the Coopers'
Union from further enforcing and continu-
ing the boycott against the stave COM
pany. This was issued by the lower court.
and the members of the Coopers' Union
appealed the case to the Federal Court OK
Appeals, which by the decision yesterday
affirmed the decision of the lower court.
Judges Sanborn and Thayer contended that
the defendants had no right to form a eon-
spiracy to deprive the plaintiff of its own
rights to manage it's own business. If such
a thing was lawful then a combination
might be organized for the purpose Of pre-
venting the use of typesetting machines,
presses, harVesters, threshing machines, ana
thousands of other useful inventions.
The opinion of Judge Caldwell was quite
lengthy, covering more than thirty pages Of
typewriter matter. closing with the state
ment that the decree Of the Circuit Court
should be reversed and the case remanded
with instructions to dismiss the bill. In
his opinion Judge Caldwell says: whether
organized labor has just grounds to de-
clare strike or boycott is not judicial
question. These are labor's only weapons,
and they are lawful and legitimate weapons,
and long as in their use there is no
force or threats of violence or trespasS
upon person or property Ineir use cannot Dc
restrained. Laborers are not wards of cham
cery. A court Of chancery has no more au-
thority to interfere with labor organizations
in the conduct of their business than 1t has
to interfere with the business of corpora
tions and trusts and other combinations OF
capital in the conduct of their business, and
in the case of a strike or boycott, as long as
each side is orderly and peaceful, they must
be permitted to terminate their struggle In
their own way without extending to one
party the adventitious aid of an Injunction.
Continuing, Judge Caldwell says: "AlI
capital seeks to increase its power by COM
bination, and to that end assumes the form
of corporations and trusts. Many of these
combinations are on a gigantic scale
Their power and influence are well-nigh
Irresistible. They are the employers of the
great mass of the laborers They are
formed solely for pecuniary profit. They
DEFY all social restraints that would have q
tendency to lessen their dividends what
the stockholders want Is more DIVIDENDS,
and the best manager is the man VINO VIII
make them the largest. The struggle IS
constant between the laborers, whose labor
produces the dividends, and those who en-
10y them. The manager Is tempted 70 re-
duce wages to increase dividends, and the
laborers resist the reduction ana demand
living wages. Sometimes the strIggle
reaches the point of open rupture. When
it does the only weapon or de1ense tne
iaborer can appeal to is the strike or the
''Tbese weapons they have an undoubted
right to use so long as they use them IN a
peaceable and orderly manner rms IS the
only lawful limitation upon their use. InaI
limitation is fundamental and must be OBJ
served. It was observed in the case at bar
to its fullest extent. If these weapons are
withheld from them, then, indeed, are they
left naked to their enemies. One class OF
men cannot rely for protection and the
maintenance Of their rights upon the Justice
and benevolence of another class who would
reap profit from their oppression .,
Judge Caldwell is particularly bitter .witn
respect to the use of the word conspiracy
by his colleagues in the case He gives % tns
definition of the word, and says tnat from
the earliest times the word ,sgni11ed mn d.. a
combination for evil or highly criminal punrs-
noses. He quotes Acts kill, u ana lo.
which reads as follows; And wnen II xas Mas
dav certain of the Jews banded togetner
and bound themselves under curse, say
ing that they would neither eat nor drink
until they had killed Paul. And they We're
more than forty which had made TINS con-
Further than this. Judge, Caldwell said; AID
"To American jury could be found VINO
would saw these defendants were gullty OF
a sconspiracy' or of making threats 70 IN
iure any one Like the jury In the Penn
case. they would say guilty of refusing ~. 70
purchase the plaintiffs barrels ana the
Commodities packed in them only, aha la me
common sense of all mankind would re-
eonnd eolnnddIo that that creates neither criminal
nor civil liability 10 any one