Page:The Green Bag (1889–1914), Volume 15.pdf/41

suit of the possession of great power by per be granted by a court of equity. If the in sons not accustomed to its use; and that the junction is disobeyed, the defendant may be unions frequently ignore laws which seem to imprisoned for contempt. hamper them in their efforts, and which they Now, it seems to be a common belief in therefore regard as unjust. For these defects, this country that while the individual may be being but human, no complete remedy can be thus proceeded against in any of these ways, found; but the incorporation of labor unions the labor union, as such, being unincorpor would in some measure tend to correct them. ated, that is, being a mere voluntary associa The general experience in this country, in tion, cannot be made legally responsible for respect at least to the great strikes, has been its acts. that their success or failure depended mainly The rules of law established by the courts upon whether public opinion was with or of this country afford, it is true, no justifica against the strikers. Nearly even' American tion for this opinion. A union, although a who is not himself financially interested in a voluntary unincorporated association, is particular controversy sympathizes thor legally responsible for its acts in much the oughly with every struggle of the working- same way that an individual, a partnership, or men to better their own condition, to get a a corporation is responsible. If a union, larger share of the fruits of industry. But through its constituted agents, commits a this sympathy is quickly forfeited if the con- wrong or is guilty of violence or of illegal 'duct of the strikers is unreasonable, arbi oppression, the union, and not merely the trary, unjust or lawless. The American peo individuals who are the direct instruments of ple with their common sense, their desire for the wrong, can be enjoined or made liable fair play, and their respect for law, resent for damages to the same extent that the such conduct. union could be if it were incorporated; and The growth and success of labor unions, the funds belonging to the unincorporated therefore, as well as their usefulness to the union can be reached to satisfy any damages which might be recovered for the wrong community at large, would be much ad vanced by any measures which tend to make done. The Taff Vale Railway case, decided them more deliberate, less arbitrary, and last year in England, in which it was held more patient with the trammels of a civilized that the Amalgamated Society of Railway Servants could, as a union, be enjoined and community. They need, like the wise rail be made liable in damages for wrongs per road president to whom I referred, some petrated in the course of a strike, created con thing to protect them from their own arbi trariness. The employer and the community sternation among labor unions there, but it also require this protection. Incorporation laid down no principle of law new to this country. would serve to this end. Numerous instances may be found in our When, in the course of a strike, illegal acts are committed, such as acts of violence courts where labor unions have been en joined, and in our own state, more than or of undue oppression, the individual com mitting the wrong is, of course, legally liable. thirty years ago, an action was maintained If the act is a crime, the perpetrator may be against a union for wrongfully extorting from an employer a penalty for having used arrested and punished: if it is a mere tres pass, he may be made to pay damages, if he the product of "scab" labor. But while the rules of legal liability apply fully to the is financially responsible; and if money dam ages appear not to be an adequate remedy, unions, though unincorporated, it is, as a an injunction against the wrongful acts may practical matter, more difficult for the plain