The times. [volume] (Richmond, Va.) 1890-1903, 1900-06-07
THURSDAY, JUNE Z, 1890.
TINKisRING WITH INJUNCTIoNs.

The Republicans in the House Of Repre-
sentatives made grand-stand play at
organized labor on Tuesday last The
judiciary Committee of the House Of
Representatives reported a bill embody-
ing in large measure the demands of
Atgeld's government by injunction pro-
paganda. We have no idea that the Re
publicans have any intention to enact
This bill into a statute. II is play to the
galleries like their sixteenth amendment
to the Constitution of the United States
regarding trusts; both are intended sole
IN as material for the text of speeches
In the coming Presidential campaign.
Nevertheless since they have brought this
proposition forward ii ought TO be an
aiyzed and discussed so that all inteli-
gent citizens can understand it.
Their bill is one limiting the jurisdic-
ton of the United states courts in grant
ing injunctions. The key TO the bill is
a much heralded proposition that no two
men should ever be forbidden TO do that
which would not be wrong il done by
one man. and yet. there is no proposition
1hat can be stated which is more demon
strabiy unsound than just this one, fair
and seeming as it is upon its face. Inc
test of whether many acts are wrong IN
their nature is the intention with which
the acts are done, SO that an act done
by one person may be harmless in itself,
and vet, if done by q number, acting in
concert, for an evil purpose it may be
vicious act. That great writer, Mr. w.
Stanley Jeyons. has treated this subject
with his usual 1ucidity in his work on
The State in relation to labor. lie
says at page l29:
What is conspiracy That confident
but often mistaken economist. MacCui-
ioch. has touched the point of the matter
when he says. in his little treatise on
wages ga edi., p. 800: "A criminal act
cannot be generated by the mere multi
plication of acts that are perfectly lnno-
cent
This statement may be true as 1t
stands but il has no reference 10 con-
spiracy To ask for more wages Is
perfectly legal act, and if a thousand
men were to be struck independently
with a wish for higher wages, and were
10 go and ask separately, there would
he no conspiracy in the matter; but II
n number of men meet together and agree
Jointly TO ask fer more, and then per-
s,ade others to do likewise. it is not
mere multiplication of requests; ii Is that
plus an agreement and an organized ar
arrangement. The difference is even
greater than this. To act becomes diff
ferent in nature by reason of the con-
cert and the purpose implied in that con-
cert
1T is, for example, a perfectly legal
action to walk along a highway. and no
multiplication of such acts in the ordi-
nary course Of life or business can rem
Ger them Illegal.
III so many men happened some day to
walk through Throgmortnp- Street that
the street became entirely blocked up,
there would sim be no legal offence. The
conceurse would be fortuitous. ana each
man would simply be exercising his legal
right under difficulties But If a num-
her OF men We're to agree together that
they would walk up and down Throg-
morton Street on q particular day. the
complexion of the act would be entirely
changed. The act is. no doubt, physi-
caily the same: but, being accompanied
with the knowledge that other people
would do the same and that a block
would be occasioned. there would be rea-
son 10 presume some special purpose as.
for instance. the obstructinC the business
of the stock exchange or occasioning
alarm. perhaps panic in the city. The
act would be Illegal in respect to the
intention 10 block up the Queens high
way
Ii is clear, therefore. that it will not
so 10 test the harmlessness or the vicious
ness of an act by the number of persons
engaged in performing it. It's quality
must be tested by the intention with
which the act is performed
Indeed. the Legislature should leave
this whole subject OF "injunctions"
where il now stands. The principle
which governs the subject is one evolved
by the wisdom of ages, and it cannot be
touched by The Legislature without in
finite harm resulting. By the institu-
lien of our Angio-Saxon ancestors no
man WAS 70 be restrained in anything.
The fierce spirit of freedom which ami
mated that race would not brook re-
s;raint OF any sort The man was TO