The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1883-08-04
STRIKES
Disc ussed From a Legal ssand.
point.


We maintain that strikes are
crimes well recognized by the CON-
mon law, and as such, indictable Of
fences.
When we speak Of strikes as crimes,
we include the pre-arranged comb
nation and conspiracy always pre-
ceding the strike, as well as the ac-
tual strike itself. 1t is this pre-ar-
ranged combination and conspiracy
that constitutes the crime; that
menaces the peace and prosperity Of
society and individuals.
1t is no crime for an individual; or
a number of individuals, to refuse to
buy or sell under, or above certain
prices; or to refuse to work for less
than they may choose to work for;
or to refuse to give greater wages
than may suit them. But for body
Of men to combine and conspire to-
gether to this end; to co-erce OF COM
pei others to work, or not to work;
or to sell or not to sell, upon other
than such terms, is What constitutes
the offence.
A man may refuse to work, or sell,
or employ, and not violate the criM-
inal law Of the land; but when be
combines and conspires with others
to do so, to the prejudice of the rights
of others, or to the detriment Of she
public good, he thereby menaces the
public peace, happiness and prosper
ity, and in SO doing becomes amena-
BILE to the criminal law Of the land.
Lord Mansfield said in Ecles' case
LIST Leach 276: Though persons in
possession Of articles Of trade may
sell them at such prices as they in
dividually may please; yet if they
confederate and agree not to sell
them under certain prices, it is con-
spiracy." "And though every man
may work at what price he pieases;
yet, combination not to work under
certain prices, is an indictable Of
fence"
$50 combination by workman to
prevent the workmen employed by
certain persons from continuing to
work in their employ, and to compel
the masters to discharge those work
men; or to compel or deter them from
working or employing workmen un-
der certain prices, is conspiracy
and punishable as such by indict-
ment."
$50 if the masters of workmen COM
bine together to lower the rate Of
wages, they also, are liable to be
punished for conspiracy" Ham
mond's case.
"a combination is a conspiracy in
law, whether the act to be done has
necessary tendency to prejudice
the public or Cypress individuals by
unjustly subjecting them to the power
of the confederates, and giving effect
to the purposes of the latter, whether
of extortion or mischief. Every as
ISOLATION, therefore, is criminal whose
object it is to raise or depress the
price of labor beyond what it would
bring if it were left without such arti-
fetal excitement"
"a conspiracy Of workmen of any
trade or handicraft to raise their
wages by entering into combinations
to co-erce workmen, employed in the
cause of industry, to conform to rules,
or prices as adopted by such combi-
nation, for the purpose of regulating
the price of labor, and carrying such
rules into effect, is an indictable mis-
demeanor." Wharton's American
Criminal Law, section 1892, and see
Roscoe's Criminal Evidence, pages
400 and 410, and in complete accord
with this, will be found all the great
writer's OF criminal law Of the world,
not excepting our own country. And
why should it not be se9 the peace
and well being of society is the prime
object of all law, and above every
thing, but the laws Of the land. Men
as individuals, must be allowed the
largest amount Of personal liberty
consistent with law, and the just
rights of others and the public good,
but beyond this they can not be al
lowed to 60 j; and cannot 60, without
menacing the public peace. But in
all this we would not deny the right
of proprietors and masters to assem-
BILE and agree among themselves as to
what rate of wages they can or should
pay their workmen, or what price
they should pay for the raw material,
SO that justice and harmony may
reign between them, and for the same
reasons, the workmen of any given
locality should be allowed to peace
ably assemble and determine what
wages they should demand for their
services; and they may even, perhaps,
refuse to work for less than such price
or rate; but they should not he allow
ed to combine to deter others from
working for such prices as they may
choose to demand, or to deter any Of
their own members from changing
their minds at any time, without fear
Of molestation; and it must, therefore,
follow: That any oath or pledge, on
the part of these associations, tending
to coerce persons into such combina-
tions, or to prevent them from freely
and safely withdrawing therefrom; or
from changing his or her mind in re-
lation to the wages he or she shall
demand or take; or to deter others
from filling their places at such prices