Frostburg mining journal., 1883-02-10

iolloW toucnlng TIE EaRllsh ana
American laws of conspiracy, showing
that the right to combine and per-
susds psacssbly was never entertain
cd anywhere as contrary to the COM
mon law Continuing, Mr.. Williams
wanted it ascsrtained whether our
Maryland workmen were not entitled
to the same liberty as the British
workmen, and if the grand jury was
to be used as an instrument of op-
preston. If so, then it would be for
the Legislature at its next session to
correct the evil. In 18th Massachu-
sstts, Snow VS.. Wheeler, it was decid-
ed that in the absence of coercion it
is perfectly legal for workmen to COM
bine for thsil own protection and to
raise their wages. He reviewed the
Gys-Lumley suit and said that the
case was not . similar one with the
pending case, because Gys knew of
the contract with the singer Wagner,
whereas the glass-blowsrs deny any
knowledge of any contracts between
the glass-blowsrs and the plaintiffs.
Lord Mills decided that this alleged
offsnse was not indictabls. Vice
Chancellor Mslinss held that every
man was entitled to sntice and per-
nuads men to join his organization to
raigs wages.
Messrs. Swindell and others con .
apired first against the glass blowers,
and in futhsrancs thereof they gotta
few people to sign papers. They
have snticsd, persuaded and contract-
ed with black sheep to enter their
factory. If the workmen meet the
black sheep can they not argue with
them their cause ? If sach an act is
an ofenss in Maryland the Lsgisla-
ture must be called upon to libsrate
the Maryland citizens. The English
authorities show their conduct was
not only permissible but absolutely
legal and should the contrary bs held
if the State could prove any violence
or intimidation then the men were
liable to punishment. The State
charged that not having the fear o.
God before their eyes, and instigatsd
by the devil, the workingmsn enticed
away the glass-blowsrs. This ex.
trems language added nothing to the
offenss. There was no proof of Any
wrong act. Their conduct had beer
all through peaceful and within tn,
law. He hoped that the court would
not decide that there was one kind O
liberty for the people Of Engla nd anc
a lower degree of liberty for tho peo
pie of Baltimore.
Deputy States Attorney Cans sale
that the State did not rest its cast
on the discision in 9Th Modern or OF
the Buchanan decision. They con
csded that laboring mon had a righ
to combine peaceably together, etc
The indictment contains ten coun is
but there are substantially only foul
counts. The tenth count charges ar
attempt to injure one of the en-
ployess. Here Mr.. Williams sait
that he conceded that the third, sixth
ninth and tenth counts were good
In considering conspiracy you must
consider the intent and the means
In the first two counts it il charge
that there was conspiracy to injur'
Swindell ct al., and to induce thsil
workmen to break existing contracts
Mr.. Cans read the indictment anc
explained to the court its provisions
He said the State claimed that labor
is free; q man ha. right to say fol
what he will work and where he viii
work and to combine to raise hi,
wages, but they have no power t,
combine to do SO by unlasful means
and that as soon as they do anything
unlawful they were liable to indlct'
ment. He read a number of author.
titles corr oborstive of this view.-Bsl.
tlmore Day, Feb. 7th.
The Decision.-Judge Phelps said
"The argument for tha defense admits
that if Bichansn case, in Harri,
& Johnson, be law, both Indictment,
are substantially good. The court ol
subordinate jurisdiction could hard y
BIZ expected to ovsrrule Il decision OF
the Court of Appeals which mas been
accepted as law in Maryland for
more than fifty years.
The whole matter may be summed
up in a few words. For an EN-, Low ee
IN unit bis aervioa h.fora Ito axn;ro