The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1883-01-12
THE CONSPIRACY LAWS.
LABOR MAY UNITE FOR PROTECTION
As WELL AS CAPITAL.

AS WELL AS CAPITAL.
Two years ago D. r. Jones, President
of the Miners Association, was arrested
at the instance OF the Waverly Coal
Company. and tried in Westmoreland
county for conspiracy. His offense was
that in company with other miners and
a brass band, he visited the works OF
the WaveTly Coal Company for the pur
pose OF inducing the miners to strike
for higher wages. Jones WAS convicted
ard sentenced to a days Imprisonment
in the WestmoTeland county jail. Since
then the WaYerly Coal Company has
preferred another charge OF conspiracy,
based on the same grounds, against
Jones and the pToprietOrs of the Nation
al Labor Tribune, claiming $40, 0e0 dam
ages. The case is set for trial next
month. Jones wrote to Hon. Jere S.
Black for his views and received the
following answer:
f1 cannot promise to be present at your
trial, because l have other engagements
which are likely to make 1t impossible.
must therefore decline any tender OF fees
which would bind me to act.as your counsel.
l do not see any constitutional question in
the cause, as you state it, but 1t involves
some points OF criminal law, which, though
Interesting are easily settled.
together and act IN concert to reduce the
wages of their workmen, and nobody has
ever called that conspiracy but II the Ia
borers In shop unite TO increase their wa
Res and threaten te quit unless they are bet
ter paid this according TO the old decisions
IN England and America, Is criminal Of
fense.
''More recent cases, however, lay down
the rule that body OF iabOrers may as law
fully say what they will take IS employers
dafa hot will rTiu
what slowly, and with evident reluctance,
capitalists have suffered the judicial mind to
reach the conclusion that the employer does
not exactly own the workman. If, there
fore, the aim of your association was nothing
worse than 10 put up the price OF your la
Dor to satisfactory standard, and to coun-
teract the natural tendencyOf other interests
to reduce 1t, you are innOcent.people and the
Court will say so.
81 infer from your letter that you solicited
others.to join with you In making demand
for wages as high as your own, or else stop
work. That was not wrong, either. II you
had a right to form the association, you had
an equal right to get as many into It as you
could, so that outsiders may not defeat its
purpose by cutting under, but you did not
conf1ne your membership or your influence
to your immediate fellows working together
with~you in the employment of the same
master. You went to another mine owned
by other parties and persuaded or tried to
persuade the underpeid coal-digRers there
that justice to themselves. as to you, re-
quiTed them to lay down their tools uRless
they got the rates generally received in the
neighborhood. At first blush this looks like
intermeddling with a matter which did not
concern you but in truth you had fair in
tereSt in it, because the acceptance ef small
er compensation by one always tends to de-
press that Of another. Your resistance to
low wages was, no doubt weakened by the
submission OF others near you. This princi-
pie Is understood by employees. If Scott
and Garrett and Jewett would agree to re-
duce the wages on ths railroad 20 per cent
Vanderbilts refusal to do likewise would be
thing OF evil example in their eyes, and
they wOald exert all their infiuense to make
him come down to their level.
Persons engaged In common cause,
whether 1t be to raise or lower wages, are
entitled to the Support of others If they can
get it by fair means. They charge YOU how
ever, getting, or attempting to get the con
currence you wanted. Wet drnlts, that is to
say, by force or arms. Ii your association
went T. the other mine In a body, or sent q
very large delegation, 1t was not worse than
any other big meeting, unless VOC behaved
with unlawful violence. Our institutions
and habits rather encourage the peaceable
show OF numbers as means Of persuasion.
All organizations political religions aud
charitable resort to 1t. But you went there
OF said you would 60, with brass band.
do not think this implied violence OF any
threat OF violence A trumpet or a trombone
essentially wicked, or else it would not be
used, IA 1t always is in church and camp
meetings. In addition to these charges of
riot and conspiracy, you are accused, as
understand, of bribery. The miners whom
you were trying TO convert to your own way
Of thinking, had agreed that they would for
felt $40 apiece il they did hot work full
year at tho rate of wages previously agreed
upon between their employers and them
selves. This penalty OF accepting your doc
trine and acting upon it, they could not pay
without assistance, Your association offer
ed to give them the necessary material aid.
This does not come within any common law
or statutory definition of bribery that know
of
''I may have misconceived this matter. II
l have it is your fault I take the facts as I
gather them from yonr statement, which
does not profess to be perfect OF full. But,
assuming it TO be proximatelY correct as a
general outline, yo are certainly in no dan
ger of even being tried, for the district at
torney is gentlem2R much too sensible to
ask conviction on such grounds"