Year: 1874

IMPORTANT JUDICIAL DECISION CONCERNING


TRADES UNIoNS-THE legality OF SUCH


ORGANIZATIONS. ..r-


A special to the Chicago Tribune from
Boston, the 23d inst, says: The Supreme
Court of this State has just rendered q deci-
sion ordering Judgment for the plaintiffs in
the case of William A. Scow and others
VS.. Daniel w. Wheeler and others,
involving the legality of the trade
union organization known as Crispins. All
the parties were members of North Brook
field Lodge. No. %, OF the order of the
Knights ofSt. Crispin, and the defendants,
in the month of August, 1859, were ap-
pointed by the association to deposit funds
then in the possession of the society in the
Worcester Peoples Bank Of Worcester.
The money deposited amounted to about
$3.50, and whom the bank received it they re-
fused to take it in the name of the Girls
pins, but placed it to the credit of the indi-
vidual defendants as trustees. Subsequent
ly the association instructed Mr.. Wheeler
and the others to withdraw the monev from
the bank, but they refused TO do so, taking
the ground that the Crispins had no legal
existence, and were an unlawful body. The
court, in its decision, says The object and
purposes ofthe association which the plain
tiifs represent are shown by the constitution
and by-laws of the 'l0dge, which are made
pdTb vi bUo CAUSE dtlu bu5SS dr6f SuUscrlDeu
TO by each member at the time of his ad-
mission, with an additional agreement "not
to teach, or cause to be taught, to any new
hand any part or parts of the boot and shoe
trade without the permission of the lodge OF
which am member" It's members are
wholly composed of individuals employed
as workmen in the manufacture of
boots and shoes, but does not in
clude proprietors or their foremen.
1t is insisted that the agreements
thus established between The members OF
the order are in unlawful restraint of trade,
and therefore illegal, as being against public
policy; but in the opinion of the court the
point is not well taken. The relations ex-
listing between labor and capital, the at
tempt by cooperation on the one side to in
crease wages by diminishing competition, and
on the other to increase the profits due to
capital, is, within certain limits, lawful and
proper. 1t ceases to be so when


UNLAWFUL COERCION Is EMPLoYED


to control the freedom of the individual in
disposing OF his labor or capital 1t is not
easy 10 give definition which shall include
every form of such coercion, but in this case
there is no evidence of any purpose to use
such unlawful means in any form. In


Csrew VS.. Rutherford, lO6 Mass, IA, it is
said: "Eyery man has right to determine
vhat branch of business he will pursue, and
|
pleases, on the best terms be can
He may refuse to deal with any men


or class of men, and it is no crime Tor any


number of persons without an unlawful OBJ


ieet in view, to associate themselves to-


gether, and agree that they will not work


TOR or deal with certain men or classes OF


men, or work under certain price or with


out certain conditions" The cause pre-


sented is not one where there is evidence to


Justify US in finding that the objects and


purposes of the association are fraudulently
declared as a cover for a secret, unlawful


agreement of its members. 1t Will be time


enough to deal with such acase when it arises


In this view it is not necessary critically


to examine the instances of alleged illegal


conduct which it is said are found upon the


records of the association, or to enquire


whether they amount to illegal restraint oi


that freedom in trade which the law secures
to all, because specific, wrongful acts car


not be shown to defeat the plaintiffs claim


unless it be also shown that said acts come
within the scope and purpose of this organ.


izstion. Each act of wrong outside the de-
4 clared and real purpose of the lodge should
| lay itself TO be accounted for only by those


VINO join in its preparation.