Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-09-02

lam McGonegly, five members OF the Home
stead Advisory Board, had hearing yester
day on charge of conspiracy. The infor
nation was made BY Secretary Lovejoy, o
the Carnegie Company, and asserts that the
defendants, by concerted action, prevented
men from going to work, and otherwise
hindered the company in the legal enjoy
ment of its property. The case was heard
by Alderman McMasters. The Common.
wealth was represented by E Y. Breck,
John S. Robb and D. F. Patterson; the de-
PENDANTS by W. j. Bremen and John F.
Cox.
The Alderman's Office was crowded when
the case was called at 2:30 P. NJ. Mr..
Bremen at once asked for the discharge oi
his clients. He said:
Wanted the Case Dismissed.
Gentlemen, we think and believe that
there is not much use of proceeding with
this hearing if the gentlemen on the other
side agree with US. We think the law is very
plain and very clear, under the act of 1891,
that conspiracy will not lie in the way it is
charged in this information. The reason
we raise this question now is so that the
other side
Mr.. Rcbb-Will not be taken unawares?
Not that way. That there is no use of
going into hearing if you will agree with
us, or if the Squire takes the view we do,
because there is a whole lot of testimony
that will occupy your time and our time
unnecessarily. And this act says: can act
TO relieve employees from certain prosecu-
tions and punishments for conspiracy, ,unde er
common law or under the criminal laws of
this Commonwealth: That it shall be lawful
for employees, acting either as individuals
or collectively or as the members of any
club, assembly, association or organization,
to refuse to work or labor for any person,
persons, corporation or corporations, when
ever in his, her or their opinion the wages
paid are insufficient, or his, her
or their treatment is offensive or
unjust, or whenever the continued
labor or work by him, her or them would be
contrary to the constitution, rules, regula-
tfons, bylaws, resolution or resolutions of
any club, assembly, association, organiza-
tion or meeting of which he, she or they
may be a member or may have attended
and as such individuals or members or as
having attended any meeting it shall be law
full for him, her or them to devise and adopt
ways and means to make such rules, regula-
tions, bylaws, resolution or resolutions
effective, without subjecting them to in
dictment for conspiracy at common law or
under the criminal laws of this common
wealth."
Strikers Acted Within the Law.
1t seems to me that is as plain as daylight,
and this charge is q charge just of that ma
ture. Now, we think the plain manifest
intention of the Legislature was as this act
expresses it, that an action for conspiracy
could not be brought in this commonwealth
against labor organization or an organiza-
tion of men who have a dispute with their
employer as to their wages or treatment or
the conditions upon which they may be en-
ployed. 1t looks to me, in the face of that
Act or Assembly, unless the gentlemen on.
the other side think the Act is unconstitu-
tional, or that it does not apply, that our
proposition ought to be accepted and this
prosecution proceed no further
Mr. Bremen also read from the act
Provided, second-That nothing herein
contained shall prevent the prosecution and
punishment under any law other than that
otco conspiracy of any person or persons who
shall, by the use of force, threats or menace
OF harm to person or property hinder or at
tempt to hinder any person or persons who
may desire to labor or work for any en-
ployer from so doing for such wages and
upon such terms and conditions as he, she
or they may deem proper
Mr. Robb-l would say this, Your Honor,
in reply to what Mr. Bremen has said. This
matter could be greatly shortened five
cannot show anything that does not come
with the provisions of this act to Your
Honor we would not ask that any OF the de-
PENDANTS be held. The hearing might be
shortened if the gentlemen will state, as 1
have understood Mr.. Bremen, that there is
no question about these gentlemen being
members of the Advisory Board. Then if
we cannot prove after that such acts as
would be outside the provisions of the act of
1891 we would not ask for the holding of any
of the defendants.
Declares 1t an Illegal Combination.
If you admit that they were members of
the organization and attended the meetings,
and that they occupied that relation: and if
1t was an illegal combination shat they are
connected with it. We do not care whether
they belonged to the ADVISORY Board, if
they were there at any of these meetings
Mr.. Patterson-And that the Advisory
BOARD existed rs part of the combination.
Mr.. Robb-Would that apply to ali, or
merely the i've We are now tryingP
Ell. Cox-To all that are in the list
suit.
Mr.. Patterson-They arc in the combina-
tion sucn as it was, whether lawful or un-
lawful, and that the Advisory Board is part
OF that combination
Mr.. Brennen-Yrs.
The commonwealth then opened its case
by calling its first witness, Frank j. Kelly.
a Pittsburg newspaper man. He testified
that he was at Homestead on July /, and
received the information that the mills
would be guarded against non-union men
from Hugh O'Donnell at the close of a
meeting of the Advisory Board. He saw
men on guard at the gates of the mill
F. B. McQuiston, another newspaper
man, was the next witness. . He was exam
ined on article he had written for a news
paper on July l, and asked where he got
his information and replied
A. got it at the Advisory Committee
headquarters.
Obtained His Information at Headquarters.
Q. Do you remember any of the men
from whom you got that Information con-
corning that? a. Yes, sir; 1 remember one
man whom would recognize if saw him,
but can't recall the name
@. Was this during or Immediately after a
meeting held by the Advisory Committee on
that Thursday that you got this informa
tion? A. got that information late at night;
well, il was probably a:45
Q. Wcil, now, what was the information