Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1842-06-23
Hshras Corpus issued
June Is. 1872. r,turua.
h.e Immediately.


aud Thomas c Nl,DoW-
ell
ny 'he Shcriis return. q appears that tho dclcu.
das are detained by yruue of SIX Sry,r,I c,.-,rri,
men's, sgnyd by Aldcrna Nor ,,y-s.a.inr tb.
eau - "i 'h,i' commitments bc that tho defend.
ans were charged before said Alderman, up,n oath
/ 'i Charles A McAnulty and James Btrkev, with
e''''P'Gcy' aud Nrh uHlaNiuiy combining and ra,l.
'edrrAuug together, o. Grm themselves inru a board
+ "' lanai Irsp"rtors for the purpose at urholdug
/ 'he prices OF carrying freight ga The Pennsylvania
lanai and prevent each ohcr. and al other pcr.
sons from carr, ing freight thereon, al I,ss rates
or IA shorter lime Ih,u should be agreed up5n o.,
said bpari
The defendants Prey to be discharged. on the
ground that ihCy have been imprisoned contrary Il,
law.ur Iu other words, that the chnrre ON =, birb
lhey are committed is not Iudicjuhlc nnd mo-, an of
icuce known TO The law. Il Is admitted that the
commitment states that 20 ~ E,r.-consDiygrf, and ma
lawiu combining" huI it l. couiendcd that ,hc oath
ON which The cummiiWcst j. founded does n,it 81,
form any such offence. lf t'.s De So Tho defend.
ans should Toe Discharged. For by the Constitution
OF TIE Sale uo U1rrat can issue s,i-r aay ,er.
san, trihOHt ProLG5ie cause sgBssyi,d by oyL ,r
lgD"MatiSH. We are therefore bound n Justice To
the prisoners. 10 examine whether the oath ON
/ WITCH Inc commitments are founded. shows prlha-
Die cause, or IN other words whether il states any
silence known 10 the Lass. for winch The I.f,,j
ants cTimiually liable
The affidavit STATES: That The defendants bri,-
engaged Az the business cot carriers md lr,,,sr,,ri
I crs nf mere handi.c on the Pennsylvania Canal o,
the Iih DAY Of December ! sill. and intending =,
unite them elves into b a j AMI co nbinnti.r IN
regulate the prize of transportation Of merchandise
on said Canal, dad assemble and meet oscihgr aud
DID then and there agree uTon aud adept and soy.
orally swear o. observe, certain z nblc and
constitution ,ni which copy Is auneNcd) flr Then
regulation rs 20 rarricrs and transporter 80 a..
Tho rplgFrp.l A. ~ ...... q
combination "r conspiracy. cnriilcd The PENN.
Tie and Constitution. adopted hv jha ard of C.,
Hal TRANSFORMERS n Piushurgh. 1911"
IL Is signed by the prisoners and uIhcr and sworn
20 IN The following words
We the subscribers do scvcrlI'y swear or orirr.
That NC viii 10 the best Of our abilities and under
standings csrry out the views Of the f,rs going IN
siruncnt, in which our names are attached I'm ,u.
ccriry ard good inih"
This Constitution a it is called embraces no less
than twelve sections articles each cunsiJc,s m.
bio length ina brief outline of some uts PROVISIONS
IL VIII he necessary 10 sia.e IA order understand
as meaning and effect.
j The Board Is 10 consist Of ten rroprieror, DpI
agents. who conducting the business of the sev
erai lines (ui iransporiatiUu) 1t Pittsburgh Whose
names are annexed, sc.
, To have a Prc.iJcuI and Secretary.
. The board shall fix the time Tor n, deliver,
'i goods At their destination and the rates Cir,i,b
rhlF
OF The board shall be allowed 60 forward treipI,
at less rate or shorter lime Than that arrccI ON
previously. aud CNcd by the 3uarI
4 Each line 10 furnish weekly or monthly az.
counts %! tho amoual Of freight shipped. rrc,s
charged 90" HHdrr oah, and an the event of anv
me being "ui OF lroIgb', fund u lie formed b
iEo "a, mrui al seven per cent on all TrsigL,g a., H.
divided utp nine ,harcs and each line r., ,I,,,, o.
ni"'h without regard 10 the amount put ia by sand
line.
;. Lines v,hling Ile Constitution to farfettl,eir
share oiIhe fund.-
6. Chris OF the lines 20 have ~ h .siness co,.
"e'"'n WIN mercantile houses, for the purpose OF
seeming freight. udarure or patronage
= No line Io have n fr,ighl agent. &c. nor shall
any pcr,on he allow ed lo receipt, agree or coutrr,
10 i"rNarI 'nds ou any other terms Than those sci
forth On that ariiclc)
.. No member 10 ?7y a bonus f,r freiaIt &c ar
propose 90 sell produce ircc ol crmm s-iun q, r,r
packages or passengers with n view 10 lessen ,5,
cost 90 ircigIi, nor take currency IN p4v-nrpt ,f
iseigHI. without oNacIiug Itc regular discount in
lIdHi1u 20 the iull account of lreisl; and any mr.
rrngrm"ut or conduct hr freight inat viii m ans.
way reduce he amount below the regular establish
ID rate. shall he considered a drrccI violation Of
The Constitution
.. Sois forth the mode Of prsceading when nny
ole is sssPsc,d Of yo.,rins he Constitution.
10, ~ irclgh' 90 bo brought west nj lower pr
COS than Ihusc established.
IL, Members may withdraw IN two weeks no
lice.
II. Each Inc 10 pruIuco al every meeting an NJ
hdlvii Iu ihe .o.lowI'g form. I, 4, = o., splcmnI,
swear ihai SINCE The last regular meeting Of The
board, have not Tu any manner. shane or form ,I
reciiy or indirectly. violated the intent meaning. n
spirit OF the Constitution, rs agreed u,oa bv the
agents of the Ines stationed no PsIurgl. and that
ihr nn"rNcd list 10 rorrCcI return OF nerghr. &c
IHs Constitution, Us % Iy calIcH) ur articles of
confederation. .ls they might DO called y arnr,r ~
have been drawn with considerable care aud q, hat.
ever ITS "iJ'ci or intention may be- Is guarded with
unusual sanctions o. increase as sIriugsncy
The Objects Of The confederation 1ra pl1rnIv SIN,
.ed and h' consequence and effects upon the com.
muuI'y are u1v uus tD The most clrcl less observer
u Is nothing less Than combination between the
chief capital Sis and carriers on This line urour ppb
\ c works, 90 rasc or dcprcss The rlie oT freight as
% may suIt their own Interests either 4, ipcr,.,.,
their profits or crush competitor
Does such n combination come within the do.
scup'Ion OF ih"se which punishable Nv ,pJirf.
mcnl as cuu-PrItIcs NJ common law on hIssub.
Jrct % would be useless 20 notice iha y,,i,Ys and
confused dirl ui what IL necessary "a c,pstufe rb.
offence, as lher, subject iu the Whole rang.
ol criminal Jurisprudence 50 VrccriaIn ord unset
Ued ~ o. definitions and principles Bot 90 fIr 9s
'hey have any application 10 the pzcscnt case. lbry
nre lucidIy and correctly stated by Chief Josu, q
bi5spu in The case of CJmm0uw eaIIh rs Carlisle
Journal Of Jurisprudence 22j) Il take Il rhcl
,savs The chief Justcc) combination Is criminal
whenever the net 70 De done has necessary icuJen
cy 20 prejudice the public or ro Cypress individual
. by nrJpsly suhJccurg them o. the pJvcr Of ths
confederate. and giving fleet 10 The purposes Of fh,
latter, whether 0f cHlorjirn or mischief" Accord
ng 90 This view 0l The law. combination If en-
pioyers 20 dcpress The Wages OF Jpurneymeu b-li,y,
what they would be o. there were no recurrence O,
n artificial means . ormln1i S alsn chief Jusrir,
! Savage tn People 90 Fisher. ( Wendell D. ob.sr
vcsi III BE- important Oh The best Interests Of s1rsr
. ihri The price of labor Do sli 10 regulate tsaIC 90
rather i1 be limited hy The demand i5r ii--crrnb.
. nations 1nd cr7cIe-Irres 90 enhance or reduce tl
o. prlccs ui iuhur or f any orirIes 0r trade Dr CON
i nrr-c nrc Injurious They nay br oppressive b
d compelling zoe public J give MORO lr 1000 article %
necessity Hr u' convenience tLI1 90 Del worth. u- u
a i.r other H1uH .ui compelling tho .aalr rl rIe mr
q rH1nrc i'r les Than fs value. WHruf any rIIi q
nus '.d Improper Interference ou Che suHI.,f. fl