Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-07-16

1
edies at law ard in equity.
The courts have granted and sus
tanned injunctions in many cases to
prevent acts threatened but careful
review of these cases will show that
the courts have invariably held to the
rules governing equity jurisdiction;
that there must be showing, that 1t
is necessary to prevent irreparable
damage; multiplicity of suits; or that
, in the end there is no speedy or ade-
quate remedy at law; that the remedy
In a civil action Is insufficient to pro-
/ tect the persons injured.
The essential things that make the
union responsible for the acts of the
I individual members are
First that the act complained OF
shall be done in ftrtherance of the
objects for which the union is formed
and maintained.
Second, that it shall proceed from
conspiracy to injure another. with,
out being in the line Of promoting
protecting. or furthering some legal
right and advantage common to the
parties combining.
Third, that the acts done shall not
be prompted by malice toward the in.
jured party.
Fourth, it Is not necessary that the
acts done shall have been within the
original purview of the organization;
the plan may be afterwards adopted
" advocacy and approval In the
meetings of the uu.on and consent,
without positive act of endorsement
may be implied and so render mem
bers liable as part of the organiza-
ton, or render the organization liable
as a party.
at is extremely difficult to lay down
any rule as to how far the members
of labor union may carry their eff
forts to increase their wage fix hours
Of labor. or perfect and render effec-
tive their organization by bringing all
labor into the union and by discrimin.
ating against 11on-union men to their
injury or by bringing loss and gener-
al discomfort to the public.
"The decisions of the court on this
point are not in harmony. but want of
harmony, is not so much conflict of
opinion on the law as 1t is difference
In opinion among the Judges as to the
facts governing the individual cases,
or rather, the mixed questions law
and of fact that are uniformly found
to arise in such cases.
What may appear to one judge as
a legitimate effort In justihahle com.
petition, tending to the advantage of
the persons combining, may appear to
another as not proxilnate, but remote
in it's advantages to them, and, there
fore. furnishing no justification.
The anger and irritation insepara13ly
connected with such struggles, where
an intense self-interest predominates,
may by one judge be excused and in
the mind Of another bear every irdi.
cation Of legal malice.
Gail these and many other questions
growing out Of the facts Of the case,
and the application Of the law there.
to, differentiate the decisions and
cause the apparent lack of harmony in
the reported cases.
Causes decided upon special states
Of fact should be relied upon as prec
ederts with very great caution. Stat
utes define fact conditions, in broad
and general terms, and the special
facts Of any particular case, actually
coming before the courts are iii most
cases only analogous, rarely identical
with the facts as defined In the stat.
ute.
Therefore, the lawyer or Judge,
looking for precedents, must careful.
ly and cautiously approach the deci-
sion prefaced In the opinion or Byl-
labus, by the words the facts congid.
cred In this case held to create liza
bility on the part of the defendant or
held not to give to the plaintiff. q
cause of action
"To come back to the subject alot.
ted to me the liability suggested by
this subject is as before remarked
two.fold, civil and criminal.
'The civil liability is usually one
sounding In tort and usually involving
the principles Of the law governing
conspiracy and unlawful comhina
TONS
"For such tortious acts in many
cases d criminal liability follows, and
in q number of cases the courts ltave
dealt with this phase OF
the question, but without giving us
much that is new in criminal juris
prudence. The law as to conspiracy
applying to criminal acts Is fnirl5
well settled in this country. The
question is not by any means new
one, but of recent years, has become
one of absorbing interest which bids
fair to grown in intesity. The CUES
ton with which the bench, the bar
and legislative bodies, are caleb tt
deal, have generally grown out Of the
great strikes brought about by the
highly organized labor of the day, and
are largely civil or only quasi-criinin
| al
Where threats, intimidation ami di
rect violence occur, the legal ques
tions are far less perplexing, BECAUSE
then the criminal law applies.
1.-THE same principles of law thai
apply to labor unions where violence
is not resorted to, apply and govern in
the numerous suits brought for tho en-
forcement of antitrust laws, which
are now claiming SO great share O
public attention.