The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-31
PL UMBERS
MUST PAY
For Damage Done
to {. II. Browns
Business.
JURY FIXES
THE AMOUNT
Held in Effect That Strike Agree.
ment Was Conspiracy in
Restraint of Trade.

The Plumbers Trust was mulcted to
the amount of sf,10125 in Federal Court
yesterday. the jury returning verdict
for $2S3.75, which amount was trebled by
Judge Estee, who added also $3.50 as at
torneys fee.
The jury was out two hours before
reaching an agreement, and it is report
ed was unanimous for the plaintiff from
the start. differing only as to the amount
of damages he was entitled to. In his
! charge to the jury, the Court said:
Every contract, combination in form
of trust or otherwise, or conspiracy in
restraint Of trade or commerce in any
Territory of the United States, is hereby
declared illegal
Every person who shall make any
such contract or engage In any such
combination or conspiracy shall be deem
ed guilty of a misdemeanor
Amy person who shall be injured in
his business or property by any such
person or corporation by reason of any
thing forbidden or declared to be unlaw-
full by this Act may sue therefor in any
Circuit Court of the United States in the
district in which the defendant resides
amount in controversy, and shall recov-
er threefold the damages by him sustain
ed, and the costs OF suit including a rea-
sonabie attorneys fee"
AS to the right of labor to organize
Judge Estee said:
THE court further instructs you that
labor has the same right to organize
in its own interests as has capital, but
that no body of men, whether represent
ing capital or labor, or whatever their
calling, has the right to so organize as
to injure other men in their legal call
ing; that restraints of trade are an in
jury to others and are illegal, under the
Act of Congress of July 2, 1890"
Referring to the destruction of the
written agreement the court said:
Gentlemen, the court instructs you
that if you believe from the evidence
that there was an agreement as claimed
by plaintiT, binding the members of the
Master Plumbers Association not to give
employment to any plumber not a mem
Der of the Journeyman Plumbers Go
ion, and binding the members of tha
Journeyman Plumbers Union not to &C.
cept employment from anyone not q
member of the Master Plumbers Associ-
dence that said agreement if there was
any, was in writing and was destroyed
by the defendants OF any one of them.
then ] instruct you that it is presum Ell
the said contract or agreement in writ
ing If produced, would have been against
the defendants, for the presumption is
that when a party wilfully and knowing
ly destroys written contract he does
so because he deems it t. his interest to
get rid of it
The jury was further instructed that
! they were not TO take into consideration
any remarks made by the Court, and
were to find only the actual amount of
damages sustained. if any, and the
Court would treble the verdict if judg-
ment was found for plaintiff
At II o'clock the jury reported to Mar
I shall Hendry that verdict had been
reached. and they were called into court
The attorneys We're summoned and court
opened, when the following verdict was
read:
I'VE, the jury in the above entitle1
cause, find in favor of the plaintiff, anl
| assess damages at the sum of two hun
bred and eighty-three dollars and seven
ty-five cents.
Signed, CHAs. MOTLEY.
Foreman
The Court allowed an attorneys fee o
! $3.50 to plaintiffs attorney, by agreement
The plumbers announce their intention o
appealing.
FEDERAL COURT NOTES.