The
charges were the same as in those and the judge took the identical view
that was taken by the court in the New York case. However, he explained
more fully the meaning of "coercive and arbitrary" action. "Where
diverse persons," he said, "confederate together by direct means to
impoverish or prejudice a third person, or to do acts prejudicial to the
community," they are engaged in an unlawful conspiracy. Concretely, it
is unlawful to "conspire to compel an employer to hire a certain
description of persons," or to "conspire to prevent a man from freely
exercising his trade in a particular place," or to "conspire to compel
men to become members of a particular society, or to contribute toward
it," or when persons "conspire to compel men to work at certain prices."
Thus it was the effort of the shoemakers' society to secure a closed
shop which fell chiefly under the condemnation of the court.
The counsel for the defense argued in this case that whatever is lawful
for one individual is lawful also for a combination of individuals. The
court, however, rejected the arguments on the ground that there was a
basic difference between an individual doing a thing and a combination
of individuals doing the same thing.
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