The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-03-02
COURT DECIDES
AGAINST: :FR0ELICH.
Dissolves Injunction Restraining
Musicians Mutual Benefit AS
ISOLATION Expeiling Him.
TRADES UNIONS DISCUSSED.
Decision Declares That .Associa-
tiOn Is Illegal and Refuses
to Permit Plaintiff to Sup
port 1t.

| Presiding Judge Bland yesterday gave the
opinion OF the Court OF Appeals which re-
verses the decision of the Circuit Cour,
granting an injunction restraining ,b. Mn
sicians' Mutual Benefit Association from
! expelling Carl Froelich from membership.
Froelich had been fined s. by the associa-
tion for riding on 4 Transit car d,,r;,r the
progress of the street car strike He refused
10 pay the fine. and when the association
sought 10 eSpel him for his refusal. oh
tanned an Injunction in the Circuit Court.
In rendering the courts decision, Judge
bland went into the subject OF trades
unions he declared that the nature of the
MUSICIANS Mutual Benefit Associations by-
laws makes II q trust. and that In asl<ing
Tor an injunction FrCelich was requesting
tEe court to hold him in Il position where
he may aid in the support of an Illegal as
sociatton.
The decision dissolves the lower courts
injunction and l:smis:es Frcelich's suit
Judge Bland states that the defendant
pIeaded that the proceeding under which
the fine was imposed was illegal and void
one, having for Its object the restraint
OF trade. and that the courts will not aid
one TO retain h;s membership in such an
association.
AxsOcin:ion's Rights Defined.
In regard 10 the ilrst contention. the opin-
ION states that 50 long Us an association
tehd!nS a voluntary one the courts have no
jurisdiction over II. end will not interpose
between IL and a member except and for
the sole purpose OF protecting an interest
the member may have in the property
OF the association. As the association paws
80 Tor funeral expenses of its members
the plaintiff has a pecuniary interest anu
the courts have Jurisdiction IL IS held
Continuing. the opinion recites:
III respect 70 the second contention OF
de'enaants de naiss,,,, that the association is
of trade 1t win Suffice to re-.
FER to Its bylaws In support OF this conten-
,lon. These bylaws impose on the men,
hers OF the association n most slavish OBJ
servance of the stringent rules and reguia-
tiono In the restraint of trade; SO strict and
iar-reaching are they that no musician in
the city Of St. Louis and for that matter
" the allegations OF the answer be taken
as true. that the ST. Louis association is but
a local. and thaI the association extends
and has locals in all of the principal cities
or the United States). in any city of the
country. can find employment as a must
elan unless he is member of the asso-
ciaticn. Such a confederation and combi-
nation Is n trust pure and simple.
Against Public Policy.
Combinations and considerations In re-
straint of trade have been denounced by
the common law from time immemoriaI as
being against public policy. The Legisla-
ture Of this State and the Legislatures Of
.aade trusts the object OF special legisla-
ton. With n view to their suppression and
prevention. The plaintiff Is in attitude Of
asking the court to keep him where the
law says he has no right to be. and to re-
tain him in a position where he may aid in
the support and maintenance of an illegal
association. and where he may continue 20
support and keep up monopoly of the
services Of musicians.
Courts have never dealt with nlonopoliss
except to restrain destroy them. and
We decline 10 depart from this wholesome
rule in this case. and reverse the judgment.
with directions To the trial court 10 dissolve
the Injunction. and 10 dismiss plaintiffs
biz"
Suicide Clause Sustained.
The Appellate Court sustained suicide
clauce in ce: tificates of insurance on the
life Of Ralph W. Morton. and affirmed the
finding OF the Circuit Court of Cape Gil
rardeau. which found in favor Of the ROYAL
Tribe of Joseph. which was sued for 300
by Morton.s widow. Hattie c. Morton.
Judge Bland. who wrote the opinion.
states that 1t was admitted that Morton
committed suicide at the Terminal Hotel IN
St. Louis March 2. 1899 Morton had two
certificates. enc for s1.oj and the other
for S2.ol0. Each contained a clause that
there should be no liability should Morton
die by his own hand. Other decisions were: