Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-07-16
TOW ARD SOCIALISM
TREND OF LABOR UNIONS, COM.
slNATloNs OF CAPITAL
AGAINST INDIVIDUALITY.

Timely Address by M. L. Temple 0,
osceola Upon Topic: "How Far ART
Labor Unions Liable for Acts oil
Their Members?"
"The natural trend and tendency of
the labor union, as view it, is towards
socialism, effacing individuality, max
ing of the individual man but one OF
the atoms that go to make UP the so.
cial unit, the labor organization" de.
clared M. L. Temple, OF Osceola, state
representative for Clarke county,
t.7-snoon in the Grand opera
housc at the second session Of
the Iowa State Bar association which
convened - .norning for a two days
meeting. "How Far are Labor Unions
Liable for the Acts of Their Members"
was the topic discussed by Mr.. Temple.
1T relieves individual responsibility,
checks individual development, fetards
individual growth, discourages individ-
ual excellence, discounts skill, indus
try and devotion to the interest Of the
employer and in every thing Is leveling
in its effect" was the general criticism
passed upon the labor union as an or
ganization. 1.-THE great combinations
Of capital in the industrial and pro-
ductive pursuits Of life, have the same
marked tendency, preceding from a
different initial point, but tending to
the same common result, the efface-
ment Of all individualism" was the
similar Judgment passed upon the
great combinations of capital.
Mr. Temple likewise declared that
the past and present treatment Of the
labor union and of the great combina.
lions of capital through legislation
and in the judiciary was alike subject
to the same criticism. that it accelerates
the tendency toward the effacement of
individualism and that the extreme linn.
it has been reached if mans fndividu-
atty is to be preserved and the dead
level of social stagnatiun Is to be
avoided.
The address received the most mark
ed attention. The timeliness OF the
topic, the cool, clear minded treatment
of the subject relative to the liability
of the union for the Gets Of its mem-
bers is bound to excite wide spread
interest and is given in full for the
benefit of the readers of the Courier.
The address was as follows:
Mr.. Temples Address.
"rn the brief time allotted for this
subject it will be impossible to discuss
the many phases which the title sug-
gests.
II do not design to present brief
Of the many authorities bearing upon
the subject, for any person desiring to
exarsipe them. may find them perfect
lyrsf0lped+ Systematically arrang-
ed in the Lawyers Reports Annotated,
The Century Digest and other like
modern compilations.
1.-THE law relating to conspiracies
and combinations has become one OF
the utmost Importance in this time OF
concentrated effort and energy.
1.-THE liabilities of such combinations
may be two-fold, civil or criminal; or
more strictly speaking the liability
of the individually composing the COM
bination, may be civil or criminal,
while the liability Of the combination
itself, most readily suggested, is the
civil liability.
'tThese liabilities have been con-
sidered and ,ssfined in many recent
decisions and Principles have been an
nounced and conclusions reached,
generally along the same lines and Of
the same import, but presenting spe.
cific differences, in different juriB-
dictions.
These differences generally grow
out Ut the law under and by virute Of
which the action was brought. The
decisions based on the common law
are reasonably harmonious, those rem
dered in suits brought under the stat.
utes Of the several jurisdictions, state
and federal present necessarily, mark
ed points Of difference.
II have not considered it profitable
nor practicable to take up these many
decisions and discuss them, nor the
statutes on which they were based.
1.-THE general trend Of the American
decisions seems to be toward a more
stringent accountability to the law in
cases Of combination or conspiracy
while the tendency Of the English de-
cisions, such as the case Of Allen VS.
Flood and Huttley VS.. Simmons, show
a marked tendency toward relaxing the
law and its rigors in dealing with Ia
Dor unions.
"'rhe doctrine held by the majority
of the American courts may be stated
briefly as follows:
First, that which may be lawfully
done by the individual, may be rem
dered unlawful, If done by a combina
ton of number of persons.
Second, that which may be done
lawfully, by one or more persons, may
be rendered unlawful If done with
malice or desire to injure the per
son against whom the act is directed
Third, that malice may be implied
from the fact Of an injury resulting
to the party against whom the act Is
directed.
Fourth, that the implication of NAL
ice resulting from such injury, casts
the burden on the defense, to show q
proper motive and to justify his acts
Fifth, that to justify the act, SO done
it must be shown, that the persons sc
oo,,, ~, ~ S,.s