The times. [volume] (Richmond, Va.) 1890-1903, 1898-01-05
WEDNESDAY. JANUARY 8, 1895.
Is THE BOYCOTT LAWFUL.

We gave rev DAYS DdVh INV .'N'
the very important trades unions case
Allen VS. Flood. decided by the English
House OF Lords. on the 18th Of December
last. and remarked at the time that we
,horqht the actual point decided was cor
rectly decided, but that some things were
said by some Of the judges constituting
those who established the law OF the case
that we could not assent 20. We propose
briefly TO review those points this MORT
ing. Several of the law lords in deliver
ing their opinions. argued that an act
which was lawful in itself could never
become unlawful by reason Of the motive
and animus that inspired it. This is
doctrine which may lead to consequences
OF unparalleled importance. and it is
proper that the most critical examination
should be given TO IT before 1t Is unquall-
nedly accepted.
1t should he said in the first instance
mat the doctrine I'm question was not
Necessary to the decision Of the case ac-
tually before the House. The essential
facts of that case were that one set OF
men objected To working with another
set of men. and notified their employer
through a third party that they would
quit his employment IL the others remain
Cd The employer DISCHARGED the
workmen complained OF, and, when they
sued the man who carried the message
OF the dlscOLtented wo.kmen. the court
decided that he was not liable il is
clear that the Disconnected men had
right TO leave If they pleased. and for any
cause that suited them they had Il right
TO so notify their employer and. as they
had the right 10 do II themselves, they
had an equal right TO send the message
by an agent. 1t would have been enough
10 say this and stop. Accordingly, the
question submitted by the Law Lords to
the Judges who were called in 10 hear the
case argued as advisors. was simply "as-
suming the evidence given by the plain
Tins witnesses To be correct, was there
any evidence of cause OF action III TO
be left to the iury?" There was no evil
dence OF malice upon the part OF the per-
son sued towards the men who were dis
charged. and. therefore. the question
properly took no notice OF malice. aud
none was, therefore. involved in the case
All that the case decides. therefore. Is
that an agent who performs the part OF
'go between as this one did incms no
liability.
But Judges OF The very highest emil
neLce discussed the question or malice,
and declared that It's presence could not
make a lawful action unlawful. and this
is a matter. therefore. which should be
examined closely.
II Is 10 DO noted first that ever since
Sir John Holt. one of the greatest judges
England has ever had. decided the case
OF Keeble vs.. Hickeringill. two hundred
years ago. 1t has been on. accepted doe
trine OF the common law that while
man might have a perfect right 10 do a
thing when he did It in good faith for
MS own benefit. yet IL he did II with the
malicious purpose Of causing another an
injury. he would be liable TO that other.
This has been many times reafiirmed in
England In cases cited In the Mogul
Steamship case. and in that Of Allen vs..
Flood-the one now under consideration.
And. In that case. although according TO
English procedure, eight judges made the
law OF the case. yet thirteen judges OF
equal rank and dignity. including the
Lord Chancellor. who heard the case at
one stage or another. held most distinctly
that the old principle regarding malice was
sound. so FAR as authority goes. there
fore. st Is Overwhelmingly upon the side
Of the proposition that malice in the mind
and heart Of person may cause az. act
10 be unlawful. which would be lawful II
tho act were done with a good intention.
When we came 10 the reason OF the
thing Il seems impossible 10 doubt the
soundness OF the proposition. The au-
thoritics OF the city OF Richmond allow
firs crackers TO be set off in the streets
on certain days. II horse gets frlgh,en-
"a IT one OF these explosions no one will
bo liable. But suppose A. not intending
20 set off any. sees u whom nc hates.
riding slong the street and. 90 crafty
haa malicious feelings against him issues