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


had no direct concern with the quar-
rel between the manufacturers and
the union. ..~,. -.
The manufacturers brought an ac-
ton under the seventh. section Of the
Sherman Act, against the members OF |
the, unions who were principally res
ponsible for the injuries done, to re-
cover treble the damages inflicted by
the boycott upon their business and
their property. The defendants de-
INJURED to the complaint They con-
tended in effect that the labor Of d;
human being is not commodity or
article Of commerce." ~. and that a
combination of laborers engaged in
the effort to destroy the business in
interstate commerce OF an employer
rash enough to oppose their will as
to whom he should employ, and the
terms and conditions Of such en-
ployment, was not subject to the law
which imposed liability on combi-
nations in restraint of interstate trade
for damages inflicted by such tombi-
nation upon the property or business
Of other persons. - :,
An Anticipated Decision. Il
But the Supreme Court Of the Unit
ed States decreed otherwise. Whether
the conspirators were employers or
employed, manufacturers or laborers,
or neither one nor the other, if they
We're banded together to interfere
with the norma flow Of business
among the states, the law was de-
clared adequate to reach them. The
combination charged" said Chief
Justice Fuller, in delivering the opin-
ion Of the court, ''falls within the
class of restraints Of trade aimed at
, compelling third parties and strang-
ers involuntarily not; to engage in
the course of trade except on condi-
tons that the combination imposes.
. 20 Such restraints the court held
were illegal at common law and I'M
der the federal antitrust law, al
though no physicalA obstruction was
| contemplated. - "
The chief justice quoted in support
! of his conclusion the Language of the
| circuit court in another case, to the
effect that while the: congressional
| debates show that the Sherman Act
had it's origin in thea evils Of nassed
capital, when congress came to for
! mulate the prohibition, it declared
broadly that 'tevery contract or COM
,bination.~ ':'-'..rs lsre6tFafnta Of trade
!! or =: commerce tansAg 1.-THE several
states" should be Illegal - =:
: The subject hass: SO brroadenaed in
the minds Of the legislators that the
source of the evil was not regarded
as material, and the evil in its en-
tirety is death with: They made the
Introduction include Combinations Of
labor, as well as of capital; in fact all
| combinations I'M restraint of COM
merce, without reference to the char
acter of the persons: who entered in
to them. It is the success
3ul effort Of the combination Of the
j, defendants to intinidate and over
awe others who were at work In con-
Quoting or: carrying on the commerce
Of the country, in which the court
finds their error and their violation
of the statute" i*' 49, -"
The law as thus declared has since
stood as a. deterrent against the ,,n-
restrained domination Of voluntary
associations of $wage-workers, and as
a. protection to outsiders to dispute
between employers and employees,
against being drawn in, against their
|
which they have no legitimate con-
Germ. - '':': $500 - - +:
A. F.. Of Il. Persistent.
But from the moment OF it's rem
dition, the American Federation gof
Labor, and those affiliated with; it,
have striven to procure the enact
ment: Of legislation Z which should
change the law as declared and en-
forced by that decision. Mr.. Sam
uel Gompers as the spokesman OF
that organization has recently pubs
lished a summary Of the principles
by which he, seeks to justify such
legislation. His contention is that
there is an essential difference be-
tween trusts and mpnepolies and or
CARNATIONS OF workers. that under
present conditions 1o6 combinations
and concentration OF; the employing
interests, Industrial freedom il i'm
possible for Individual workers. that
"only organization can secure to- the
workers. an opportunity to have q
voice in determining wages and con-
ditions under which they work Or
ganization gives the right Of choice
Choice is freedom :. Therefore, infer
entially, the only freedom available
to a workman is to become q member
of union affiliated with the Ameri-
can Federation of Labor, and all the
government forces OF the United
States should be- directed TO making
it impossible for him: to- seek free.
dom by any other avenue "OrRani.
cations protect and benefit the unor.
ganized also. l Labor power and pa
tronage are what make the working.
man effective and forceful."' The
workman must be left free to use
this power in whatever manner I.
found effective. .'H the end IS law.
full and, worthy, then. the. mora!
means for attaining that end must
also be recognized q legal and sneces.
1 sary." 3 Having thus fallen back .upor
the old Jesuit argument that, 8
worthy end jnsaf ies any means. how.
ever bad IN. argument recently en-:
4 ployed BY !, the German government
Il to Justify 9 Migrant, violation 81 Il,
1: treaty ~. respect the neutrality 81
Belgtum-Mr GomperA exalts .thl
80