The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-09

.0v Y !: / /: J.
Judge ingram, sustains Mr.
Royal in the Plumbing
Boycott Slit.
Will BE- TRIED RE. ON MERITS
Case Of Magician Against Mills.
and Others in Law and
BIZ 3 mn "a y, t4t
Equity Co,,rt .s

Judge John II ingram, OF the Law
and Equity Court, yesterday rendered an
opinion overruing tho demurrer In the
case OF Charles n. N1elghan against Nor
gan r.. Mills and others, where the plain
tiff seeks 5000 damages on the ground
that defendants, whom tho plaintiff al
leEes are In combination as to the sale
OF plumbers supplies, refused to sell sup
plies to. the plaintiff and prevented him
from securing them BY boycott methods
because he would not join such .combi-
7 ma tioh, thereby causing him to DO unable
to fulfill his contracts
Mr. II. M. Smith represented the defend.
ant, and Mr.. ". \ L. Royal, the plaintiff
and the battle was a warm one before
Judge Ingram the argument having con-
sLmed all entire day. ~
The court has had the question Of de-
mrrrer under Amusement for several
weeks, and his refusal to sustain Mr.
Smiths contention anow brings the case
VI for trial on Its merits 81 ;i35
n AZ sTRONG OPINION.
Z In ovcrruling the demurrer Judge In
gram said In part: Ri
made and entered Into between the defendants
is in restraint Of trade ana that its purpo -,
raise tho price OF plumbing 10 everybody sax Y;
the plumber .nat Is TO say y ne
on they must be SO taken But
yet notS thstananE this faet 4 thIs was ~ ~
sufferer Mes in The absence oi statutory legIsla;;
ton they would simply have 70 surfer ah ~
The nsaaty IS
remedy available to the publ!ca3lt 10 at best
Uny wbee spsee 81 Sought
action for damages for q breach, Is brought ne.
tween those par desto ~ sssTa e
trade gets beyond the domain Of a mere nom
entorcible contract into the domain q con-
s spdaf ~ tho .as Brown Jae5hs
Pharmacy cf@uI sHT,N6 81 K Ac Isl MP ST.
ri a. nu,nberSof merchants should agree. to
nix the price Of certanEoo and not sell Dc sS
the case rested tho comlnen axthe at es,
would be sut t they ws wen.
S Shnnt to s3 their terms away ss deal
a !, we ,,h h cease
contract, and i In It's execution damages 8,
Rso1 Would have right Of action; for two 81
more people to make a. agreeemenaht %h har
is S' one thing; But to agree and under
that agreement proceed to force another VINO
a is PsFtX Of
by driving .or his customers Or the IKE e., r. =;
10 use 4 a favorite expression Of former CHIEF
Justice ,syya rner, "a not hsr and quite o diMeF-
~ ~ -. RESPECTS OTHERS RIGHTS.
|.a."There. Is no inherent wrong In the mere ACT
;, hibited by law. but It may BECOME very wrong
| IL 1T. is thred at the pc fsor t4rs propert y OF
another and may give q right OF action TO. him
1 for resulting my "A combi nation like q re-
yolyerr should pohbe aimed ma tcousy or WI n
| a reckless disregard Of the rights OF others
! 6s.'Every man has a ri ght. undsr the law as
| between himself and others to full and Tree
ing to his own will, and any, one who ,invades
commits q legal wrJng2 aildsif followed by an
linjury caused In consequences thereof. the one
tNwhose right is thus invaded has q legal ground
OF action for such wrong An intent to DO Q
koYrongful harm and injury Is unlawful, and II
| a wrongful act Is done to the detriment OF the
right OF another, 1t is maiicious and an act
doneawlth the intent and pIr iog
| spzfpi'' - ~ FAMOUS OPINION. .5't
I'm .-1o6 Wis. IL Liza. r.. 4l0, Marshall.
| bInation OF ali sorts. There is clamor
lsagninst them on the hand and f1r tn,
privilege Of combining on the other as-if the
| law could he changed to fit the opinions aud
| selfish ends OF particular: classes. There Is
! law exists that condemns most OF th<m. WHICH
| is as old as the common law tself and sufri
| GENTLY severe to rene ~, much OF the mis-
! chief complained Of that Is actual; yet viola
| lions Of such law arc so comlnpn ana the rem
! edy 1t furnishes so seldom applied that Its
| very existence seems in many quarters to De
| little understood