The labor world. [volume] (Duluth, Minn.) 1896-current, 1915-09-04

/.
not possess the specified qualification
to q denial Of the equal protection OF
the laws, Mr.. Justice, Lamar speak
ing for the court, said: ! H. u = =. .#
=. The liberty Of contract is, of
course, not unlimited; but il no rea-
son or authority for the proposition
that conditions may BE imposed BY
statute which will admit some who
are competent and arbitrarily :: ,ex-
c1ude others who are equally compe-I
tent to labor on terms mutually sat-:
isfactory TO employer and employe.
t. None Of the cases sustains the:
proposition that, under the power to
secure the public safety : privileged
class can be. created and be then Civ
en- Z monopoly OF tho right to work
tn special .or favored position. "','s ,
It remains to be seen whether un-.
der the power to regulate Interstate
commerce such q class can be Great.
ed: r. the labor legislation In the
Clayton Act 10 upheld, this result will
folloW. That such result Is intended
BY: those who have promoted the.
legislation il avoKed. But Ii the,
supreme Court adheres to the views
expressed BY. It in the Affair case,
that even; under the police power Of,
the states a privileged Class. can not
be created and given 4 monopoly of
the right to work In q special or fav-
ored position, it must certainly hold
that no such class can BE created and
invested with those special privileges
under the power to regulate inter-:
state and foreign commerce, and that
congress cannot under that power {
vast as it is---withdraw from air out.
side of the ORGANISATIONS of labor, J
protection in courts of law and equity;
against the consequences OF the boy
colt or other similar weapons en-
ployed to restrain or destroy the con-
| duct of interstate commerce by an
employer who refuses to accept the:
dictates Of labor organizations. =
| ~ Restricts Procedure &-:=.s 7
/ 1t should also be noted that the
Clayton act only limits the applica-
| ton Of the federal antitrust law as
a. matter of substantive law, while lin
section 20 1T regulates procedure in
all cases brought in the courts = Of
the United States by restricting the:
power OF those courts and judges to-
issue injuncti6ns in cases growing out
!, of diputes concerning wages or con-.
ditions Of employment. This dis
tinction may become material in civil
actions for damages, or for equitable
Erelief brought In the federal courts,
| where the jurisdiction depends solely
upon diversity Of citizenship. A
iconspiracy to injure q persons bust
nets by preventing persons from en-
tering his employment by threats and
1ntlnldat1ons Is "a crime at common
! law, SO In a suit brought in the
! United States courts where the juris-
diction OF those tribunals depended
solely upon diversity OF citizenship, a
com bination Of memberS 81 labor or
ganizatfons to compel a manu- ctur--
81 to discontinue, the use Of machine
fery in the conduct of his business,
and to accomplish their purpose BY
inducing his customers and other Der
sons not to purchase his product, or
any such commodity made by ma
chinery, was held, by the Circuit Court
of the United. States in the Eighth
Circuit to be an unlawful conspir-
sacy at common law to deprive plain
tiff of his right to manage his bust
ness as he thought best, such as
would entitle the manufacturer to re-
cover from the parties concerned in
the conspiracy whatever damage they
had sustained thereby and oh proof
that irreparable damage would result
II defendants We're allowed to carry
out their purpose, an Injunction was
granted restraining them from con.
t1nutng their acts. Sanborn, p. j.,
writing the opinion OF the court, in
which Judge Thayer concurred said:
| While the courts have invariably
upheld the right OF individuals ia
! form labor organizations for, the pro-
lection OF the interests OF the labor
ing class, and have denied the power
TO enloin members Of such associa-
tions from !. with drawing !. peaceably
from any service, either singly or ii,
q body, even where such withdrawal
.ftnvolves g. breach of II contract, vet
isthey have ever generally condemned
those" combination usually termed
boycotts, which are: formed for the
purpose Of interf ering otherwise than
I by lawful comp EDITION with the b,lsi-
ness affairs Of others, and deprivinx
them by means Of threats and inti-
I midation Of the right to conduct the
4 business in which they happen to be
engaged according to the dictates. OF
their own judgments, The: right Of
an individual to carry on his. business
4 as he sees fit, and TO- use such ,impIe-
kments or processes Of manufacture az
he desires sto use, provided he follows
q lawful vocation and conducts it in
a lawful manner, sis entitled to "a
much consideration as his other per.
sonal rights; and the law should taf-
ford protection against the efforts Of