The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-04-22
WEDNESDAY. APRIL 22. 1905.
,Apon AND THE SHERMAN Law.

In closing his Impressive edoFess ~
jamestown last May. Mr.. James Bryce
The British ambassador, solemnlE said
that the message he brought TO VIZ
rlnia and to all America from the old
country was that they would find their
safety only in liberty regulated by|
law.
Undoubtedly the greatest claim to
distinction that England has Is the
answering and impartial manner IN
which her law is enforced. When the
laws are made by the representatives
Of a free people. 1t is plain to the
simplest mind that these laws, which
are but the expression Of the agree
ment or social compact under which
people are to live, must be absolutely
and inflexibly observed, or society VIII
so to pieces and every man become
law unto himself This idea Is so per-
fectly self-evident to every American
that 1t may excite a feeling OF be-
wilderment that 1t should be deemed
necessary to recite or even to refer 20
1T We have, however. reached stage
In social evolution which makes 1t
necessary to go back to first principles
and to determine whether principles
that we have supposed to be self-evi-
dent are really SO, or whether the
theories Of the leaders of labor organi-
cations are not safer guides for the
welfare of the community.
This is the proposition which NJ.
NJ, |
tive of the Federation of Labor, is now
bringing to the attention of the coun-
try, and especially to the attention of
the representatives of the people in
the Senate and House OF Representa-
tives in Congress assembled. To en-
force his attention he is threatening all
who will not accept his views with
those direful consequences which every
politician believes will follow his de-
feat for Office. The issue between Mr..
Gompers and his followers and the
rest of the country is now made defin-
lite upon the claim by Mr.. Gompers that
the labor unions shall have. the right
TO boycott whomsoever they will, and
that the Federal statutes forbiddng
any conspiracy or combination what
ever in restraint OF trade shall be so
amended as to exempt labor unions
j, from the effect of the law.
We believe 1t has been settled
under common law and before the
Sherman law of 1890 against combi-
nations in restraint of trade was ever
thought Of; that combination or con-
spiracy TO ruin mans business was
against the law, and could be not only
restrained, but punished. This was
deemed essential to the preservation
OF the peace of the community and
the protection OF the liberties of citi-
zens. But the Sherman law, known
rs the antitrust act OF July .. 1890,
e expressly provided that every com
4 bination, in the form of trust or
otherwise. or conspiracy i'll restraint
of trade or commerce among the sew
eral States or with foreign nations, is
hereby declared to be Illegal" And
& further. in Section Z, ANY person who
shall be injured in his business or
property by any other person or cor
poration by reason Of anything forbid
den or declared to be unlawful by
this act, may sue therefor and shall
recover threefold damages by him sug.
tained," etc.
The construction of this statute il
respect to labor unions was brought
United States in what is known as tn.
Danbury Hatters' case, which origi
mated in the State of Connecticut. II
that case the whole power OF the Ame,
rican Federation of Labor was uset
to destroy firm of Danbury halter,
who operated an open shop. but VIII.
made no Determinations against uniol
labor. The aim OF the federation wa
to compel these people to unioniz,
A their shop. which they refused to do
A vigorous boycott ensued causing
the matters TO suffer damage, and
suit was brought under the sherma,
act, and carried up 10 the Suprem
Court, where It was held that III
sherman law applied 10 Just sucl
cases. The court stated in its opinio
that the records of Congress show tina
several efforts were made to exemr
by legislation organizations of farm,
ers and laborers from the operation c
the act. and that all these effort
failed, so that the act remains as "
have 1t before US.
1t is this law and the decision col
struing 1t that have excited the wrat
OF Mr.. Gompers, and make him no
declare that lawyers and jurists a,
men whose education, surrounding ar
environment are not in accord vi
the spirit OF the times What Il
spirit OF the times is Mr. Gompers do
not say, hut we presume that from h
rAxisesRment he means the spirit