The Montgomery advertiser., 1902-12-09

l found in the opinion which he wrote this | year Tn the case of the National Protec. tive Association of Steam Filters and | Helpers against James M Cumming anC | ctEsr officers and members of the Enter
 prise Association. Here is striking ex. 1 soning:
 His Views on the Labor Question. | If sn organization strikes to help its
 members the strike Is lawful. If its pur- pose be merely to injure non-members it
 is unlawful. If the organization notifies the employer that it's members will not work with nOn-members, and its real ob- 1 ject is to benefit the organization and se- cure employment for its members, 1t is l lawful. If it's sole purpose be to prevent non-members from working, then 1t is | unlawful do not assent to this propo- sition. although there is authority for it.
 It seems to me illogical and little short l of absurd to say that the everyday acts of the business world, apparently within
 the domain of competition. may be either
 lawful or unlawful according to the mo-
 Within all the authorities upholding the principle of competition, if the mo- tive be to destroy another's business in order to secure business for yourself, the regent authorities. if you do not need the business, or do not use 1t. then the mo- tive is bad and some court may say to a jury who are generally the triers of
 
 which destroyed As business was legal if the act was prompted by a desire on the part of the defendant to secure for himself the benefit of it. but illegal if its purpose was to destroy As business in revenge for an insult given.
 The defendant associations, as ap- pears from the findings quoted, wanted to put their men in the place of certain working for smaller pay. Ind they set about doing it in a perfectly lawful way. They determined that if 1t were neces- sary they would bear the burden and expense of a strike to accomplish the re- suit, and in so determining they were clearly within their rights, ss all agree. They could have gone upon a strike with out offering any explanation until the to the officers of tSe association, asking the reason for the strike. Then, after explanation, the non-members would have been discharged, and the men of work. Instead of taking that course, they chose to inform the contractors of their determination and the reason for 1t. Having the right to insist fendant's men put in their place if the services of the other members of the or Gsnization were to be retained. they also had the right to threaten that none of bers could have all the work there was to do.
 "A man has a right under the law to start a store and to sell at such reduced prices that he is able in a short time to drive the other storekeepers in his vicin- ity out of busin eSs, when, having pos session of the trade. he finds himself soon able to recover the loss sustained | while running the others. Such has been | the Jaw for centruies 1ne reason. of | course, is that the doctrine has generally | been accepted Ithat free competition is | worth more than it costs, and that on this ground, the infliction of damages Is | privileged.
 Nor could this storekeeper be prevent sd from carrying out his scheme because. Instead of hiding his purpose, he openly declared to those storekeepers that he in- order that he might later profit thereby. Nor would 1t avail such storekeepers, in he event of their bringing an action to him from accomplishing their ruin by underselling them. to persuade the rial court to charact srize the notification would be: 4 man nay threaten 10 do hat which the law says he may do. pro- rided that. within the rules laid down in hose cases his motive is to help him 'elf. labor organization Is endowed with precisely the same legal right as is Tn individual to threaten to do that which t may lawfully do"
 In view of the attitude assumed by President Roosevelt respecting the coal trike. and the possibility that Judge Parker may be his ants gonist in the next campaign. this far-reaching touches both sides of the abor and capital question-becomes un- lsually interesting.
 Judge Parker believes in the potency of 'arty organization. but he holds that the 'sEty which holds true, sound ideals is 'ounA to win