The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1876-01-28
TIE CONSPIRACY LAW.

The harsh law of England on this subject
made when labor was substantially owned
by the ruling classes, and the laborer was a
mere vassal, was repealed by statute OF
George IVth. The strict rule Of the common
law, however, was previously introduced into
this country, and whilst not Objectionable in
many instances, became harsh on labor un
ions and other similar associations, who
sought by combination to better their pecu-
MARY condition. Judges were swift to en-
force and enlarge it. In other states it was
long since repealed, the New York Assembly
wipng it out in 1870.
In 1870 occurred the terrible'strike in the
Anthracite coal field. About $500, 100000
of capital combined to strike down $4,000
laboring men and make them mere corporate
machines. The,strike failed and the contest
was carried to the Legislature, but there
capital again won. Violations Of chartered
privileges, injury to the public, and robbery
of the State were amply proven, but Sena-
tors turned deaf ear to all this. True, quo
'odrrantos were issued by the Attorney Gen
eral, but they have never been heard of
since.
Immediately after the whole question of
arbtrament was submitted to Judge Elwell
as Umpire, who .reaflirmed the Conspiracy
law as generally understood, and fixed ba-
sis under which the men resumed work.
But the operators were, bent on vengeance
and at once commenced number of suits
for conspiracy-in fact for doing what they
and dozens of other organizations had done
for years, viz combine for mutual aid and
support. One such indictment was brought
in Columbia county against James Kealey
and others, in which the writer appeared for
defendants.
Soon after Mr.. Brockway was sent to the
Legislature, and his first act was an at
tempt to repeal the iniquitous law, and he
offered the following Bill:
Be IL enacted, DC, That from and after
the passage Of this act it shall be lawful for
any laborer or laborers, workingman or
workingmen, journeyman or journeymen,
acting either as individuals or as the member
OF any club, society or association, to refuse
to work or labor for any person or persons
whenever, in his, her or their opinion, the
wages paid are insufficient, or the treatment
of such laborer or laborers, workingman or
workingmen, journeyman or journeymen,
by his, her or their employer is brutal or Of
fensive, or the continued labor by such la
borer or laborers, workingman or working
men, journeyman or journeymen, would be
contrary to the rules, regulations or bylaws
OF any club, society or organization to which
he, she or they might belong, without sub
Jectlng any person or persons, so refusing to
work or labor, to prosecution or Indictment
for conspiracy under the criminal laws of
this commonwealth Provided, That this act
shall not be held to apply to the member or
members of any club, society or organiza-
ton, tho constitution, .by-laws, rules and
regulations of which are not in strict con-
formity to the constitution of the State of
Pennsylvania and to the constitution of the
United States.
This was violently.opposed in Committee,
and it.only passed by accepting the amend
ment of Mr.. Lawshe, of Clearield-a coal
operator which!was as follows:
Prorided, That nothing herein contained
shall prevent the prosecution and punish |
ment, under existing laws, of any person or
persons who shall lin any way, hinder persons
who desire to labor for their employers from |
80 doing, or other persons from being en-
plOyed as laborers.
This is the history of the conspiracyTAct |
of 1872.
We now learn that some judges. differ as to |
the construction of this Act, and to obviate |
future. trouble, Senator Bechtol, of Schuyl-
kill, proposes the following:
supplement to an Act to relieve labor |
ers, workingmen and jOurneymen from GER |
tain prosecutions and indictments for con- |
spiracy under the criminal laws of this Com |
monwealth, approved the 14th day of June,
1877, section l of which provides that the |
second section of said act shall be so con-
strued that the use of lawful or peaceful |
means shall not be regarded as in any way
hindering persons who desire to labor, and
that the use of force or threats of harm
to persons or property shall alone be regard
ed as In any way hindering persons who de-
sire to labor for their employers from 50
doing, or other persons from being employed
as laborers.
We think the original. Act was sufficiently
clear and 'strong, but we also know how
many judges torture language to carry out
the behests of either politicians or wealthy
corporations; and therefore urge all our rep
resentatives to vote for its.passage.
The workingmen only demand fair play in
legislation, and before the Courts. If rail-
roads, Masons, Odd Fellows, lawyers, doctors,
and all other classes having mutual interests
may legally combine, why not the laboring
classes9 If an organization. of tradesmen
or farmers be legal, why not an association
of those in the humberi.walks of life? If
corporations say they have charter from
\ the State to enable them to perform GER
tain specified duties, so have the labor asso-
Citations; and unlike the former Enever step
beyond the boundary.
If the object be to pauperize labor the en-
tire community will suffer, and vagabondage
and trampism will increase. In China labor
commands three cents per day, and men
worked on the Suez Canal for eight cents per
day, but in. this country there should be
work for all at remuneratiye wages. We
demand that labor shall be free, and not
bound hand and foot to soulless corporations,
nor crushed by unwise legislation.
THE IN AIIGIrR ATI0N