-. -,rT-t -tiftv'f y TrtH
X
The Commoner.
VOLUME 3, NUMBER U
14
.ru
Opposed to Labor Unioa Organization
(Continued from Pago 13.)
Inflict injury, it must bo taken, I
think, to have impliedly glvon- the
powor to mako it auablo in a court
of law for injuries purposely dono by
its authority and procurement."
Lord Macnaghten said:
"Tho substantial question, therefore
as Judge Far well put it, is this: Ila3
tho legislature authorized the creation
of numorous bodies of men capable of
owning great wealth and of acting by
agents with absolutely no responsi
bility for tho wrongs they may do to
other porsons by tho uso of that
wealth and tho employment of-thosa
agonts! In my opinion, parliament
has done nothing of the kind."
Thus the supremo bench confirmed
tho judgment of a judge who read
into tho trade union statutes provi
sions that parliament did not origin
ally, nor at any time during tho course
of a quarter of a century since inter
vening, seo fit to put therein. For
tho essonco of tho confirmed Farwoll
decision was this:
-That while parliament did not pro
vldo for tho incorporation of trade
unions, tho latter must bo liable for
tho acts of their agents, tho same a3
if tho unions had betfn Incorporated;
that a trado union has a lawful right
to strike, but that it becomes respon
sible for whatever loss or injury suf
fered in consequence by tho person or
corporation against whom tho strike
is dirocted.
It was a vory adroit decision, and
closely resomblod that celebrated judg
ment of court during tho slavery days
in this country which gave
"Tho law to tho north and tho nig
ger to tho south."
Tho Taff Vale decision declared that
a trado union has tho right to strlko,
but that it can be held responsible for
any loss that may ensue to tho other
party I
Of courso, parliamout could havo
put this provision into tho trado un
ion acts, if it so desired, and there
havo been many revolutions of parties
during these twenty-five years. But
parliament did nothing of tho kind,
and it is doubtful if any parliament
would havo had tho hardihood to em
body such a principlo into law and
oxpect successfully to face a popular
ers had used any violence against tha
railroad's employes or property. The
loss complained of resulted from
poaceful persuasion. Thus thoy wero
punished for tho consequence of an
act which tho law gave them a right
to perform!
It was a nice distinction. It has had
heavy consequences. It has astound
od and stunned tho British trado un
ions. Thoy can now bo invaded by
tho courts on damage suits upon their
least offensive or defensive move,
and, Indeed, thoy can bo rushed into
court and tied up there with expen
sive suits on tho flimsiest pretexts.
The wiser heads among tho trade
unionists thero seo that sooner or later
recourso must be had by the unions to
parliament. But then arises the ques
tion, what lino shall parliament pur
sue? Shall it curb tho courts and'
protect tho unions, or shall it strike
tho monopoly powers? Shall it take
tho railroads into public ownership
and operation, as they are in tho
progressive British colonies of Aus
tralasia? Questions like these only
time can answer.
But meanwhile wo in the United
States may realize why it is that the
great monopolies in this country,
which goad thoir workmen by hard
conditions into so many strikes, are
so anxious that tho unions should bo
incorporated.
We may now perhaps more fully ap
preciate Mr. Dafrow's words:
"The demand lor the incorporation
of trado unions is tho last trench of
those who oppose organized labor."
Says Mr. Darrow, continuing:
"There is not a single labor organi
zation that could keep out of the
hands of a court for one year of its
existence if it ever consented to be
come Incorporated.
"All .sorts of suits would be brought
against labor unions; suits for real
griovances and suits for imaginary
grievances. Every court would be
kept open for their undoing. The re
sults would bo that these labor or
ganizations would bo compelled to em
ploy high-priced lawyers. They would
bo mulcted in expenses, which would
be a greater burden than they could
possibly sustain. Tho end would be
speedy. A judgment rendered against
a corporation and remaining unpaid
would call for the appointment of a
receiver on a petition in bankruptcy.
more would not be one organiza-
TSE MEBGEB CASE DECISION
electorate.
But what parliament did not do, or tion of labor which the employers
oven concoivo of, the law courts did.
Courts cannot enact laws, but thoy do
construe them; and in this construing
thoy havo a power equivalent in some
respects to that of legislation, so that
wo havo come to refer to "judge-made
laws" as distinct from those made by
a legislature
To resume our story:
The Taff Vale Railway company was
not slow to perceive the great signific
ance of tho law court's decision in its
favor. It at onco cited tho Amalga
mated Society of Railway Servants to
court on a suit for, roundly, $135,001)
damages.
Tho case camo up eariy in Decem
ber, 1902, in tho King's Bench Divi
sion of tho British high court of jus
tice, Sir Alfred Wills presiding, and a
special jury sitting a special jury be
ing composed of men of certain class
or property qualifications, and who
gonerally, as tho London Now Age
has said, "regard trade unions and
Btrikos as enemies of tho country, as
forces that drivo trado away. And,
therefore," continued that very able
periodical, "without any hesitation the
defendants in this particular case wero
found guilty."
Tho judgment against tho union, de
livered at a subsequent sitting of tho
court, was, by agreomont between tho
parties to tho suit, set at $115,000. It
presumably carried with it the heavy
costs of litigation, which would mako
tho entire burden against the union
amount to nearly a quarter of a mil
lion dollars.
It was not protended that tho strik-
wlshed to destroy that could keep out
01 tne nanus or a receiver for a year.
"No sooner would suits be insti
tuted in the various state and federal
courts than applications would be
made for receivership, and these re
ceiverships, according to the usages
of courts, would be appointed by tho
parties interested in tho collection of
judgments and redress decreed by tho
courts, and the result would be that
the labor organizations would soon
bo controlled and owned by the em
ployers, and for their own benefit!"
Henry George, Jr., in Philadelphia
North American.
Tho United States court of appeals
sitting at St. x-aul, Minn., passed
upon tho Northern Securities case on
April 9. Tho opinion of tho court was
delivered by Judgo Thayer and in
that opinion tho merger of tho North
ern Pacific Railroad company and tho
Great Northern Railroad company
was declared to be illegal. The North
ern Securities company, which is the
trust formed by this merger, is by
this decision prohibited from exercis
ing any of tho powers contemplated in
its formation. J. Piorpont Morgan
announces that the case will be ap
pealed to the United States supremo
court
The story of this decision is told in
an Associated press dispatch under
date of St Paul, April 9, as follows:
The United States circuit court of
appeals today at noon handed down
a decision in the" United States
against the Northern Securities com
pany, enjoining the company from
voting the stock of the Northern Pa
cific or Great Northern railroad com
panies, but allowing the return of
such stock as had been delivered to
that holding company.
Tho opinion was unanimous, all
four judges concurring. The opinion
was written by Judge Thayer. The
substance of tho order in tho decree
is as follows:
"A decree in favor of the United
States accordingly will be to the fol
lowing effect: Adjudging that the
stock of tho Northern laciflc and
Great Northern Railway companies,
now held by the securities company,
was acquired in virtue- of a combina
tion among the defendants in restraint
of trade and commerce among the
several states, such as the anti-trust
act denounces as illegal; enjoining
the securities company from acquiring
or attempting to acquire further stock
of said companies; also enjoining it
from voting such stock at any meet
ing of the stockholders of either of
said railroad companies or exercising
or attempting to exercise any control,
direction or supervision or influence
over the acts of said companies or
either of them by virtue of its hold
ing such stock; enjoining the North
ern Pacific and Great Northern com
panies, respectively, their officers, di
rectors or agents from permitting
such stock to be voted by the North
ern securities oompany or any of it3
agonts or attorneys on its behalf at
any corporate election for directors
or officers of either of said companies
and likewise enjoining them from
paying any dividends to the Securi
ties company on account of said stock
or permitting or suffering- the Secur
ities company to exerclso imv nnnti
whatsoever over the corporate acts of
Securities company to return and
transfer this stock: to the stockhold
ers of tho Northern Pacific and Great
Northern companies, any and all
shares of stock of those companies
which it may have received from such
stockholder in exchange for its own
stock, or to make such transfer and
assignment to such person or persons
as are now tho holders and owners
of its stock originally Issued in ex
change for tho stock of said com
panies." Circuit Judge Thayer stated the
conclusions of the court. . He recites
the petition which was brought un
der the nnti-trust act of 1890, and adds
that under, the act of February 11,
1903, this case being of "general pub
lic importance," has been given pre
cedence over others and' in every way
expedited.
It is declared that under the ad
missions of the defendants the mat
ters of fact are that the roads were
parallel and "competing lines; that
they had jointly secured control of
the Burlington; that in 1901 a hold
ing company had been formed by
large owners of the stock of the
Northern Pacific and Great Northern
railways, by which new company
large stock interests had been ac
quired at an agreed price, and the
court holds that "the scheme was thus
devised and consummated, led inevit
ably to the following results:
"First, it placed the control of the
two roads in the hands' of a single
person, to-wit: the Securities com
pany, by virtue of its ownership of a
large majority of the stock of both
companies; second, it destroyed every
motive for competition between the
two roads engaged in interstate traf
fic, which were natural competitors
for business, by pooling the earnings
of the two roads for the combined
benefit of the stockholders of both
companies; and, according to tne fa
miliar rule that every person is pre
sumed to intend what is the neces
sary consequence of his own acts,
when done wilfully and deliberately,
ve must conclude that those who
conserved and executed the plan
aforesaid intended, among other
things, to accomplish these objects."
On the roint whether the present
case conu.s within the inhibition of
tho anti-trust act, the court discussed
the meaning of the word "trust" in
the act and adds that congress was
careful to declare that a combine in.
any other form, if in restraint of
trade or commerce, that is, if it di
rectly occasioned or effected such re
straint, should likewise he deemed
illegal. Moreover, in cases rising
under the act, it has been held by tho
highest judicial authority in the na-
of auw? !? r ?, dlrect ?. policy tion and its option has been reit
01 either, and, finally, permitting tho erated in no uncertain tone, that tho
Tho Creed of Democracy,
Malone (N. Y.) Forum: The men
who sold out democracy in two cam
paigns have no standing in the" party
unless like the prodigal son they re
turn and do penance, wearing sack
cloth and ashes in token of present
submission. But if they pose as lead
ers and endeavor to steer tho bark of
democracy into the republican camp,
as did Grover Cleveland in 1892, dis
aster will follow their efforts as in
1890, when their galvanized ticket re
ceived less than one per cent of tho
vote and only carried one precinct in
the United States. The Kansas City
platform is tho creed of democracy.
Woe to the man or the clique that
attempts to repudiate it Democrats
that are democrats have no use for
traitors or skulkers
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