The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-02-05
MAY STOP
WORK.
Continued from Page ~


straint OF trade, and which this is. is q
misdemeanor. II Is also an act OF boy.
cottinR.
TT has been contendcd In times past
here that in the Act Of Congress relat.
ing to the national trades unions that
there Is nothing in that act which au.
thorizes combinations to consplre with
the intent to embarrass the operations
OF any business with the Interior pur-
pose Of enforcing a demand against the
master. Now, we can proceed under
the above mentioned section that APP
plies to the trust here, because this is
a conspiracy. pure and simple. The
exact definition Of conspiracy is a con-
spiracy Of two or more persons. by
some concerted action to accompany a
conspiracy or unlawful purpose, or to
accompany the purpose not in itself
criminal or unlawful, by criminal or
unlawful means
DEFINITION OF BOYCOTT
THE exact definition of the word
boycott is the means employed for the
withdrawal of the custom and good will
Of the immediate parties, and such
other parties as they could influence.
1t Is a conspiracy at common law In
the Federal Courts there is no COM
mon law Jurisdiction, but the Federal
Courts get their jurisdiction by the
above statute. 1t is against the Grim
inal law for a party Of men to band to-
gether for the purpose, through the
power of combination, of injurng the
business Of another, by parading before
his store, by placarding themselves
with the word boycott, by advising
passers-by not to patronize his estab-
lishment. To constitute intimidation
1t Is not necessary that there should
be an overt act of violence or any di-
rect threat by word of mouth; it is
enough If the attitude of the accused
was intimidating.
'In New York, to procure money
from another with his consent obtained
by fear induced by threat to do or con-
tinue the injury to his property, consti-
tutes extortion.' and every person
present when such money is paid is LA
BILE as a principal The whole force of
the statute seems to be contained in
the following paragraph, which to my
mind should be bit of advice to these
intending conspirators and bOycOtters:
associations have no more right to
infict injury upon others than have in
dividuals. All combinations or associ-
atoms designed to coerce workmen to
become parties, or to interfere with, OBJ
struct. vex or annoy them in work or
any intending work. or to induce them
to become parties; or designed to pre-
vent employment or from making just
discrimination in the wages paid to the
skllful and unskillful. and of associa-
tions designed to interfere with the per-
feet freedom Of employers in the prop
err management of their lawful bust
ness. or to dictate terms upon which
their business shall be conducted by
means of threats of injury or loss, or
with their lawful employment of other
persons designed to abridge any of their
rights, are, pro tanto. illegal combina-
tions, and all acts in furtherance of
such intentions by such means and ac-
companied by damage are actionable.
LIABLE TO ARREST.
These men are liable to either form
of action by arrest by injunction, or liza
BILE to arrest for misdemeanor if they
resort to any unlawful means. While
it is an inherent right in any man to
refuse to work, at the same time, as |
explained to these men originally when
the first trodble was On few months
ago, they cannot prevent another man
from working OF course, this is only a |
reasoning. 1t is only rea
soning upon what might occur. 1 |
could do nothing unless there was an ,
overt act committed,
II am hardly prepared to believe that
the journeymen plumbers intend TO go 1
so far because | explained to them at
the time that their right to refuse to
work was recognized, but they could
not go beyond that and prevent any |
other man from working. With regard
to the initiation fee that is a matter for
themselves to determine, but if they |,
raise it to n prohibtive point they can
not complain that these men did not h
belong To their union, 1t is highly in
iicative of conspiracy and it is very
plain that they do not want the men
% belong.
\ CRIMINAL OFFENSE,
1T is a criminal offense to prevent
other people from working when they
want to. Because certain United States ,
statutes do not apply in the state of
California it is no sign that they do not
apply in Hawaii, The United states
avs obtain here directly, whereas the
states are sovereign and enact their
'wn laws, This boycotting is just as
Illegal under the Territorial laws here
Is II is under the United states law,
BECAUSE 1t is a conspiracy at common
aw' and these men can be proceeded
gainst In the Territorial courts as in
he United States courts. because the
courts have inherent rights,
he United States courts have jurisdlc-
ion simply because Congress has made
so by act OF Congress, when men
tart out TO boycott they are liable to
prosecution either in the Territorial or