EESTEAINT   OF   TEADE.  121

or  the  means  of  effecting  its  purposes  are  legal,
the  association  is  legal.  In  Sivaiiic  v.  Wilson  the
attributes  of  the  association's  rules  were  said  to
connote  those  of  a  friendly  society,  in  Go^neifs
case  those  of  a  mutual  insurance  or  friendly  society.
In  both  these  cases  the  trade  funds  and  friendly
society  funds  were  held  to  be  severable  both  as
to  contribution  and  application.
It  may  be  safely  affirmed  from  the  foregoing  under
cases  that  neither  a  strike,  nor  the  sanctioning,  circum-
contributing  to  or  assisting  a  strike,  is  illegal,  not  ^ ttdke'^
merely  in  a  criminal  sense,  but  in  the  sense  of  illegal?
rendering  an  association  unlawful,  so  as  to  render
its  domestic  agreements  unenforceable.  This,  how-
ever, is  a  somewhat  negative  affirmation,  and  is
inadequate  to  determine  the  precise  point  at  which
a  strike  or  these  concomitant  factors  do  render  the
association  illegal  in  the  sense  that  its  agreements
are  unenforceable.  The  question  is  probably  one
of  the  degree  of  restraint  of  trade  involved,  but,  if
it  is,  the  Courts  have  not,  so  far,  contributed  any
principles  to  its  solution.  The  Courts  have  laid
great  stress  on  the  question  whether  a  member  of
an  association  was  bound  by  the  provisions  for  a
strike,  and  have  indicated  that  compulsion  in  that
matter  would  tend  to  render  the  rules  and  therefore
the  association  illegal.  It  is  submitted  that  this
proj^osition  is  not  the  true  solution  unless  in  an
indirect  sense.  Provided  the  rules  are  legal,  it
cannot  be  said  that  compulsory  obedience  will
render  them  illegal.  It  might,  of  course,  be  said
that  it  is  the  compulsion  which  renders  a  compulsory


122  LEGAL   POSITIOIs^   OF   TEADE   UNIOIN'S.
strike  so  obnoxiously  in  restraint  of  trade,  but
this  is  indirect  reasoning  from  consequences.
