The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1908-01-24

cate others to their way Of think
ing, and thereby induce them, in u
most peaceable manner, by the use
of effective, and yet free speech,
not to take employment from the
company. This course of conduct
MS TO labor unions is. in my opinion,
lawful and in keeping with the
spirit of the Constitution and
should be permitted to continue
aud be forever perpetuated. The
case of the Ann Arhor and Toledo
Railway Co. vs.. the Pennsylvania
Railway Company ct al, decided
by Judge Taft in 1899 and reported
IN ~ Federal Reporter, has bred a
number of opinions that have al.
most destroyed the effectiveness Of
the strike or the boycott.
In the leading ease have just
referred to former Judge Taft now,
Secretary of War, took advanced
ground, AND HELD THAT A LABOR
ER COULD nor WITHHOLD OR Re
STOW HIS LABOR FOR THE PURPOSE
OF INDUCING A RAILROAD COMPANY,
AGAINST WHICH A STRIKE HAS REEN
| DECLARED, TO TREAT WITH IT'S
STRIKING EMPLOYEES, OR, IN OTHER
WORDS. TO ACCEPT THEIR DEMANDS,
That is, strike called out of
sympathy for other strikers may be
eujOlned on the ground, as | shall
state 1t, that the railroad against
which the strike had been declared
would be forced to yield to the de.
mands of the strikers or suffer
great injury aud cause the railroads
/ involved to violate the inter state
commerce act. 1t would make no
difference how unjust the conduct
of the complaining railroad has
been to its employees BY this de.
cjsion of Chancellor Taft (for when
he wrote this opinion he was sit.
ting AS an equity court HE HELD
THAT A RAILROAD COMPANY, AL
THOUGH AT FAULT, COULD OR
MIGHT TAKE ADVANTAGE OF ITS own
FAULT, for If it did not take this
advantage it would be forced into
the attitude of violating the inter
state-commerce act. This is Judge
Taft's language;
But it is said that it can not be un-
lawful for an employee either to threat
en- to quit or actually to quit the service
when not in violation OF his contract,
because a man has an inalienable right
to bestow his labor where he viii and TO
withhold his labor as he will. Gener
ally speaking, this is true, but not abso.
lutcly. II he used the benefit which his
labor is or will be to another by threat.
ening to withhold il, or agreeing to be-
stow it, 3r BY actually Withholding or
bestowing il, for the purpose Of Undue
ing procuring, or compelling that other
to commit an unlawful or criminal act,
the Withholding or bestowing OF his la
Dor for such a purpose is itself an I'M
lawful and criminal act. The same is
true with regard TO the exercise OF the
right OF property. A man has the right
to give or sell his property where he
will; but If he give or sell it, or refuse
to give or sell it, as a means OF inducing
OF compelling another to commit an UNI
lawful act, his giving or selling ii or re-
fusal To do so is itself unlawful
Il desire to include that part of
the court's opinion which deals
with the boycott aud to call atten-
ton to its hazy and metaphysical
character. He has difficulty, and
very great difficulty, in the deliver.
ance, but the injunction was made
perpetual aud the strike was ended
by the court. These are Judge
Taft's words:
AS usually understood, a boycott is a
combination OF many to cause loss to
one person by coercing others, against
their will to withdraw from him their
beneficial business intercourse through
threats that, unless those others do
so, the many will cause similar loss to
them. Ordinarily, when such a combi-
nation or persons does not use violence,
actual or threatened, to accomplish their
purpose, il is difficult TO point out with
clearness the illegal means or end which
makes the combination an unlawful
conspiracy; for it is generally unlawful
for the combiners to withdraw their
intercourse and its benefits from any
person, aud to announce their intention
of doing so, and it is equally unlawful
for the others, OF their own motion, to
do that which the combincrs seek to
compel them to do. Such combinations
are said to he unlawful conspiracies,
though the acts in themselves and con