Page:The Green Bag (1889–1914), Volume 15.pdf/42

The Incorporation of Trade Unions. tiff to conduct the litigation, and it is par this writ according to the practices of the ticularly difficult to reach the funds of the court of equity upon preliminary application, union with which to satisfy any judgment wholly ex parte, and upon affidavits, without any chance of cross-examination. If the that may be recovered. There has conse quently arisen, not a legal, but a practical courts had been dealing with a responsible immunity of the unions, as such, for any union instead of with irresponsible defend ants, they would, doubtless in many of the wrongs committed. This practical immunity of the unions from cases, have refused to interfere by injunction and have resolved any doubts for defendants legal liability is deemed by many labor lead ers a great advantage. To me it appears to instead of plaintiffs. In another respect, also, this practical im be just the reverse. It tends to make officers munity of the unions has been very dearly and members reckless and lawless, and there by to alienate public sympathy and bring bought: Nearly every large strike is at failure upon their efforts. It creates on the tended by acts of flagrant lawlessness. The employers, and a large part of the public, part of the employers, also, a bitter antag charge these acts to the unions. In very onism, not so much on account of lawless many instances, the unions are entirely inno acts as from a deep-rooted sense of injustice, cent. Hoodlums, or habitual criminals, have arising from the feeling that while the em merely availed themselves of a convenient ployer is subject to law, the union holds a opportunity for breaking the law, in some in position of legal irresponsibility. This practical immunity of the labor stances even incited thereto by employers unions from suit or legal liability is, in my .desiring to turn public opinion against the opinion, largely responsible for the existence strikers. What an immense gain would come of the greatest grievances which labor unions to the unions from a full and fair trial of such consider they have suffered at the hands of charges, if the innocence of the unions were the courts, that is, the so-called "government established and perhaps even the guilt of an by injunction." It has come about in this employer! And such a trial would almost necessarily be had before a jury, upon oral way: An act believed to be illegal is com mitted during a strike. If that act is a crime, testimony, with full opportunity of cross-ex a man may be arrested, but in no case can he amination; whereas now, nearly every im portant adjudication involving the alleged be convicted of a crime except on proof be yond a reasonable doubt and a verdict of the action of unions is made upon application jury, which is apt to contain some members to a judge sitting alone, and upon written affidavits, without the opportunity of crossfavorable to the defendant. Many acts, how ever, may be illegal which are not criminal, examination. It has been objected by some of the labor and for these the only remedy at law is a civil action for damages; but as the defendant leaders that incorporation of the unions is usually financially irresponsible, such ac would expose to loss the funds which have been collected as insurance against sickness, tion would afford no remedy. accident and enforced idleness; .that these The courts, therefore, finding acts com mitted or threatened, for which the guilty funds might be reached to satisfy claims parties cannot be punished as for a crime, made for wrongs alleged to have, been com and cannot be made to pay damages, by way mitted by the union. I can conceive of no of compensation, have been induced to apply expenditure of money by a union which could freely, perhaps too freely, the writ of injunc bring so large a return as the payment of tion. They have granted, in many instances, compensation for some wrong actually com