The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1875-08-06
THE COLUMBIAN, VOL. TX, NO. 81
COLUMBIA DEMOCRAT, Vol, XII, NO. %

INA''N
labor, TO prosecution or Indictment for con-
spiracy under the criminal laws of the Com
monwealih; Pro0idcd, That this act shall
not be held TO apply to the member or mem-
bers Of any club, society or organization, the
constitution, by-laws rules and regulations
of which, are not in strict conformity to the
constitution of the State of Pennsylvania,
and to the constitution of the United States ;
Ir0yiocd, That nothing herein contaiEed
shall prevent the prosecution and punish
ment, under existing laws, of any person or
persons who shall, in any way, hinder per-
sons who desire to labor for their employers
from so doing, or other persons from being
employed as laborers.
You will observe the purpose and scope of
this act. II authorizes laborers acting Ell
ther as individuals or as members of any as
sociation to refuse to labor whenever the
wages are not satisfactory, their treatment is
brutal or offensive, or when further labor
would be contrary to the rules, regulations
or bylaws of their association, without being
liable to indictment for conspiracy. Al this
| lotOlNio htti a Y nv W Wv IA lpl " tFO l'''9
sage of the act, if they acted simply as indi-
viduals; but if they associated together and
acted in cnnccrl, their conduct was criminal
This act simply destroys the crm'natity of
concert ted action on the part of laborers III
| refusing to wotk for any of the three reasons
given in the act itself. By the first proviso
the act is mads not to apply to the members
of any organization whose constitution, by
| lrws and rules are not in strict conformity to
| the constitution of the United States and OF
this Commonwealth. In order 20 prevent
any misunderstanding as to the meaning o.
the Legislature, the second proviso continues
| the liability to prosecution and punishment
under existing law of any person or persons
who shall in any way hinder persons who de-
sire to labor fof their employers from so do
ing, or other persons from being employed
as laborers." 1t follows, therefore, that aU
agreement or combination amoug labu~ug
men 10 quit work for tie purl ose of iocreas-
ing the price of Their labor, or imp'oYip 2
their treatment, is not unlawful thus far
the law authorizes them to ac5 in concert !;
but if they so o1e step further and attempt
in any way to hinder OF prevent pe:sons who
are Wiling to labor from so dong their acis
become unlaw4ul aud their combination
criminal.
The questions of fact which yol must de-
termine, under this braoch Of the case, are,
was there an agreement combination, or
confcderacy entered into by these defendants
and other miners in the Mosh annon district
during the months of April or May last
If SO, what was the Da,ure and character OF
that agreement, combination or confedelacy?
If it was merely to quit work in order to
gain an increased price for their labor, the
combination was not criminal; bus if the
agreement went further and the parties COM
bining, not only agreed themselves to quit
work, but to hinder or prevent persons from
laborng in the mines at the former prices by
means of threats, intim;dations aud, if need
be, actual violence, then the combination
was criminal and all parties to it liable to
Indictment and conviction ior conspiracy.
Much has been said duriog the p.ogress OF
this trial upon the merits of the supposed
conflict between capital and labor-the con-
test between the operators and the working
men. 1t is not our Intention to discuss the
merits of this contest. If either party has
been wronged, the law, if appealed TO, would
furnish a complete remedy, and to the law
both parties must appeal when they have, OF
imagine they have grievances which need a
remedy. Neither parry can be permi tied to
take the law into their own hacds aud right
their own zeal or laucied w'ongs. If the Ia
boring men are not paid their wages if they
are cheated in the weight of theI coal, i
their Treatment By their employers is brutal
or offensive, or If they suffer any other real
wrongs or iujurIes, the law will furnish them
adequate meaus OF redress. If there is {
combination among their employers to op.
press them in any manner, they may be in
dicte1 for conspiracy in The courts, and the
act of 1872 will not relieve, because it does
not apply to them. In this country no one
can be compelled to work against his will
unless he become an inmate of a workhuusC
or peniteutialy. Nothing can properly con
tlol the price Of labor but the law Of supply
and demand, If work is plenty and labor
ers scarce, they can increase their wages by
demanding it, because the employer has NJ
option. If work is scarce and laborers plen
ty, competition will bring down the price o
labor as it will of even ythiug else. No claS
of men has the right to monopolize any par
ticular kind OF labor, Each individual ha
the right to engage in any kind Of work tina
suits him. and to sell his labor for any price
he can obtain for it, and a combination o
: organization designed to interfere with thi
right is against public policy and unlawful
Al pc, ons who labor for others do so upo.
: the terms Of Il contract either express or i'm
5 piled. If au agreement is made in advanc
, as TO the wages, it is an eX Dress contact
no such agreement is made, the law imple
q contract on the part of The employer {
pay whatever the labor is reasonably wortl
+ or what others are receiving for similar worl
| Neither the employer nor employee can con
4 pei the other to pay or receive more or le,
e than he is willing to contract for, The La
:, gives the employer no right to impose upo
e the laborer, for if he is dissatisfied with b
= wages or his tleaiment be may so elsewbel
y or seek oiher employment the whole cou4
n try is open aud free 10 bin, but be must NJ
= prevent or hinder Others from working wi
5 are willing 10 do so.
i 1t is alleged by the deIeuse in this ca
# ihat the combination to which Il
', deIendauts belonged was a lawful o.
G 90 the association known as "The Mine
Is National Asso ,ation"--of which most
IF them are members, is a legal and legitima
:, organization under the laws of Peunsylvan
Is Portions of the constitution aud bylaws
this organization have been civ eu in eyidel