The Washington times., 1909-03-11

Inconvenience of a suit at law, with
the chances involved in submitting the
issue to the judgment OF jury. Where
there is legal redress and a right OF
trial by jury, a court OF equity is pow
erltss 10 intervene and deprive the citi-
zen OF that right. except to avoid a
multiplicity of suits, or where the legal
remedy is inadequate. The guaranty
OF freedom OF speech and freedom OF
the press was placed IN the COnsutu-
ton TO prevent Government censorship
as practiced at that time in many of
the governments of Europe. That,
therefore, which was placed in the or
Eanic law. to accomplish an end SO
essential to the freedom and general
welfare OF the people, IS hardly sus-
ceptible of notification by judicial DE-
cree.
Conform to Constitution.
The courts OF the United States will
be useful and fulfill the functions for
which they were created only so long as
they are content to interpret the laws
in conformity with the limitations Of
the Constitution. Any attempt to dis
obey these restrictions is step across
the danger line, and will, Of necessity,
lead 10 judicial arrogance, tyranny, and
oppression. If.-in any particular, we
have outerown the Constitution, the
IA the power or The people 10 amend
it: but this prerOgative is not repoSed
IN the courts
II must be remembered. however, that
there is point where the right Of free
speech and a free press ends, and I'M
lawful interference with personal and
lroperty rights begins. When the citi-
zen passes tins point he can no longer
claim the protection Of the constitution
IL protects no one in uttering or dis
seminating SlanderouS or libelous mat
ter. A citizen can not invoke the pro
lection of the constitutional guaranty
of free speech and n free press to de-
stToy the right of property secured 20
his neighbor by the same instrument.
There Is nothing complained Of in this
case for which there is not a specific
legal remedy provided. Hence. the
only excuse for a court of equity taking
Jurisdiction is because the legal remedy
rs inadequate to prevent irreparable
injury and avoid a multiplicity OF
suits.
The Word Boycott"
The word boycott at the present
time is no more obnoxious than was
the word strike" a quarter OF century
ago. Then it was sought through the
courts OF equity to invoke the injunctive
writ TO restrain laboring men from or
ganizing a peaceable strike. In some
instances. inferior Federal courts grant
ed injunctions but they were never up
held in the superior courts Of the
country 1t is well settled now that a
man, or number Of men, may refuse
10 continue TO work for their employer,
and they may combine for the purpose
OF organizing a strike. They may ad-
wise others to quit work and join in the
strike, so long as no contractual rights
are invaded. and they may advise others
not to engage their services to the en-
ployer against whom the strike is di-
rected- All this is within their consti-
Tutional rights, and is Justified by their
freedom to do those things which they
think will better their condition 1t Is
no answer that II may not, in many in
stances, accomplish that end, or that it
invariably damages the employer and
interferes with his property rights.
Right to Organize
The right of labOring mon 10 organize
into unions, and the right of these
unions to conduct peaceable strikes, is
justified because OF their inability TO
compete single-handed IN contests with
their employers. In this competition.
any peaceable and lawful means may be
resorted 10, and il is only when the
means employed become unlawful that
the courts viii Interfere The law re-
cognizes the right Of both labor and
tween employer and employee is one
which courts Of equity should recognize
AZ entitled 10 be fought out upon the
basis or equality, and the rule aDDlied
py the courts TO the strike is based I
think, upon that principle.
Inc fundamental principle underlying
this contest IS, that the employer who
employs LOCO Workmen is in possession
OF the same competitive power TO force
those workmen to his terms as the 1000
Workmen, by the most powerful lawful
organization, have TO force him 10 a
compliance with their terms The con-
Therefore vi Ia on
one side and a thousand on the other
upon a substantial basis Of equality.
May Refuse Patronage.
Applying the same principle, ! con
eeive ii TO be the privilege OF one man,
or a number OF men. to individually con
clude not to patronize certain person
or corporation. II Is also the right OF
these men TO agree together and TO ad-
wise others not 70 extend such patronage
so long as IL is neither in the nsAlre
Of coercion or threat. AS long aJThe
actiOns OF this combination OF individ-
ulls are lawful, to this point ii is not
clear how they can become unlawful be-
cause Of their subsequent acts directed
against the same person or corporation.
To this point there is no COnsDiracV-
no boycott. The word boycott IS here
used as referring 10 what IS usually un-
derstood as 1.-THE secondary boycott -
and when used in this opinion, IL IS
intended to be applied exclusively in
bAaslt sense.
Quotes Judge Taft.
me definition Of a boycott given By
Judge Taft III Toledo Company VS.
Pennsylvania Company. 81 Federal, 80,
is as follows:
As usually understood, a boycott is
q combination II many 10 Cause a loss
10 one person by soaring others against
their viii. 10 Withdraw from him thei-
beneficial business intercourse through
threats that, unless those others do 20,
the many will cause similar loss to
Them
From this clear distinction IL will be
observed that there is no boycott until
the members or the Organiza ton have
passed the point OF refusing TO patron
lie the person OF corporation themselves
and have entered the field where, by
coercion or threats, they prevent others
from dealing with such person or cor
Doration. 1 fully agree with this dis
fincfion. So long then as the American
Federation OF Labor, and those acting
under ito advice, refused 10 patronize
complainant. the combination had not
arisen 10 the dignity OF an unlawful
conspiracy or a boycott.
The Banding Together
The unlawful conspiracy here consists
in the membership OF the American Fed.
GRAFTON Of Labor banding together not