The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-10-30
JUDGE EsTEEs CHARGE TO THE
JURY.
Rights of Capital and Labor to Or
ganize are Discussed-End of an I'M
portant Case.

After a lengthy charge by Judge Is
tee, which counsel on both sides char
ACterzed as a very able one, and so fair
that neither had a single exception to
note, the jury in the plumbers trust
case retired this morning at half past
nine. The arguments in the case were
closed yesterday afternoon, and the
court opened at nine this morning for
the charging of the jury.
Judge Estee reviewed the CirCum-
stances Of the bringing of the suit and
discussed the rights of capital and
labor to organize. He instructed the
jury that if there was an agreement
whereby the plaintiff c. II. Brown had
been prevented from securing employees
for his business or had been driven
out of business, such agreement was
unlawful, and Brown was entitled to
recover any damages he might have
sustained by reason Of the agreement.
The court added that If by the exercise
of reasonable diligence the plaintih
could have avoided being damaged he
was not entitled to recover. AS to the
formation of a union the court laid
down the following rule:
"The court further instructs you that
labor has the same right to organize
in it's own interests as has capital, but
that no body of men, whether repre-
senting capital or labor, or whatever
their calling has the right to so or
ganize as to injure other men in their
legal calling; that restraints Of trade
are an injury to others and are illegal
under the Act of Congress of July z,
1890"
The written agreement between the
Journeyman Plumbers and the Mas
ters Association, which a witness ad-
mitted having destroyed, was referred
to as follows, proving a damaging item
to the defendants:
Gentlemen, the court instructs you
that if you believe from the evidence
that there was an agreement as claim
ed by plaintiff, binding the members
of the Master Plumbers Association not
to give employment to any plumber not
a member of the Journeyman Plumb
ers' Union, and binding the members
of the Journeyman Plumbers Union
not to accept employment from anyone
not member of the Master Plumbers
Association, and If you believe from the
evidence that said agreement, If there
was any was in writing and was des-
troyed by the defendants or any one
of them, then / instruct you that 1t Is
presumed the said contract or agree
ment in writing II produced, would
have been against the defendants for
the presumption is that when party
wllfully and knowingly destroys a
deems it to his interest to get rid of
it."
The jury retired in charge of United
States Marshal Hendry the court tax
ing a recess of half an hour. At ten
O'Clock, when court convened again
no verdict had been reached, and a
recess was taken to await results.
At about eleven o'clock the jury re-
turned with a verdict for the plaintiff
in the sum of $283.75. Under the act o
Congress under which the suit was
brought, the court is to treble the
amount stated in the verdict, so that /
is really a verdict for $851.75. Brown
sued for 100000 1t is stated that thu
jury spent it's time in calculating th'
actual losses sustained by Brown, be
ing satsfid that the plumbers agree
ment was an illegal one, in the natur
of trust and that Brown had beer
injured thereby.
The plumbers announced their inten
tion to take the case to the United
States Supreme court, and attorney
Frank Thompson and c. c. Biting not
ed an appeal. Judge Estee awarded
fee of $3.50 to Col. Fitch.