The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-07
THE LAW OF CONSPIRACY AND IN
JUNCTION.

The full text of the bill introduced by
Senator Hoar to regulate the use of in
functions shows that if passed it will work
an important change in existing law. In
a recent article on the subject the Journal
stated that while the general law of in
junction as a remedy for the protection
of property or property rights was we'll
established the practice under it might be
modified by statute. The law is the same
in England as in the United States. 1t is
not known whether it has had the same
application there as here, but if not that
might oe because the same cases have not
arisen. 1t is not known that the practice of
passing on property or property rights
has ever prevailed in England. The gen.
eral law of conspiracy is the same in both
countries. and it is probable the action
of the courts would be practically the
same on the same state of facts. Following
is the bill as it was introduced by Senator
Hoar:
That no agreement, combination or con-
tract by or between two or more persons
TO do or procure TO be done, or not to do
or procure not TO be done. any acC in con-
temptation or furtherance of any trade
dispute between employers and employees
in the District of Columbia or in any Ter
ritory of the United States, or who may
be engaged in trade or between
the several States, or between any Terri
tory or another, or between any Territory
or Territories and any State or States or
the District of Columbia, or with foreign
nations, or between the District of CO.
lumbia and any State or States or for
eign nations, shall be deemed criminal, nor
shall those engaged therein be indictable
or otherwise punishable for the crime of
conspiracy, If such act committed by one
person would not be punishable as a crime;
nor shall such agreement, combination or
contract be considered as in restraint Of
trade or commerce; nor shall any re-
straining order or injunction be issued with
relation thereto. Nothing in this act shall
exempt from punishment, otherwise than
herein excepted, any person guilty of con-
spiracy for which punishment is now pro-
vided by any act of Congress-, but such
act of Congress shall. as to the agreements,
combinations and contracts hereinbefore
referred 10, be construed as If this act
were therein contained.
This bill applies only to the District OF
Columbia and the Territories of the United
States and to interstate railway traffic,
but to this extent 1t would change the
present law of conspiracy as well as that
of injunctions. 1t it becomes a law it will
apply TO all labor disputes of whatever
character in the District of Columbia and
the Territories and to all labor disputes
affecting interstate railway traffic between
States. For the rest, State legislation
would be necessary. but If this bill becomes
law there can be little doubt that every
State will extend it TO ali labor contro-
versies and strikes. It's effect is to do away
with the former and present construction
of the law OF conspiracies and to materially
restrict the practice of the courts regard
ing injunctions. In fact. it is entitled "A
bill to limit the meaning OF the word con
spiracy' and the use of restraining orders
and injunctions in certain cases" Under
it there would be nothing to prevent
strikers from entering into a combination
or concert Of action 10 induce other en-
ployes 10 quit work. or 10 prevent others
from going 10 work, provided they die
not use personal force or violence. 1t would
legalize ''picketing' if it was conducted il
a peaceable manner In short. il would
permit almost anything in the way OF
combined effort on the part of strikers tc
carry their point. short of the destruction
Of property. resort to personal violence OF
actual interference with the operation OF
mills. the moving Of cars. etc. Almost
everything that has heretofore been held
by the courts 10 be conspiracy on the par
of strikers would be permissible under this
law. The forbidding of the issuance OF a re.
straining order or writ of injunction againsi
IT, D., ~,,,b 80, - 4, 1.~f,.r --.--
OF legalizing the acts. The only grounC
on which the courts have issued injunction:
in such cases has been that the acts con.
stitute a conspiracy. but if they are taker
out of that definition injunction will no,
lie except for the protection OF propert,
from actual destruction or damage. Tn,
enactment OF the Hoar bill by Congress