Lawlor v. Loewe

Citations

• 187 F. 522
• 109 C.C.A. 288
• 1911 U.S. App. LEXIS 4191

Syllabus

<p>1. Monopolies (§ 12*) — Combination in Restraint of Interstate Commerce —Boycott.</p> <p>If it be' shown that individuals have combined together to induce a manufacturer engaged in interstate commerce to conduct his business as they wish, and upon his refusal further combine not only to prevent him from manufacturing articles intended for interstate commerce, but also to prevent his vendees ip other states from reselling the articles which ■they had imported from the state of manufacture, or from further negotiating for the purchase and intertransportation of such articles, the combiners intending thereby to destroy or obstruct an existing interstate traffic, such combination of individuals must be held to have essentially obstructed the free flow of commerce between tbe states, and is in violation of Anti-Trust Act of July 2, 1890, e. 647, 26 Stat. 209 (U. S. Comp. St. 1901, p. 3200), and when such obstruction is shown to hare brought about an injury to a person’s business, damages may be recovered, although the impelling motive of the combination was an effort to better the condition of the combiners, which, except for the anti-trust act, might be proper and lawful.</p> <p>[Ed. Note. — For other cases, see Monopolies, Dec. Dig. § 12.*]</p> <p>2. Trade Unions (§ 4*) — Agents of Labor Organization — Liability of • Members for Unlawful Acts.</p> <p>A clause in the constitution of a labor organization which provides that certain of its officers “shall use all the means in their power” to bring nonunion shops into the trade, does not necessarily imply that these officers shall use other than lawful means, and the fact alone that a member' contributes money to the support of the organization does not make him responsible as a principal for unlawful acts of the officers or their agents, hut in order that his contributions shall have such effect something more must be shown, as that unlawful means had been so frequently used with the express or tacit approval of the as