Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1894-07-19

uO4AS any AT WHICH NOulflDuleS VI Is
calculated to contribute TO obsuuct-
ing or hindering the mails, or who
knowingly and willfully takes a part
III such acts, no matter how trivial,
II Intentional, is guilty Of the first OF
theSe provisions, and any person who
conSpireS with one or more persons.
one of whom subsequently commits
the ofen.e, is likewise guilty of an
onenSe against the United States.
W hat constitutes conspiracy to him
der or ObStruct the mails viii be
touched upon in connection With the
subject TO which l now call your at
tentlon. The constitution places the
regulation of commerce between the
several states and between the states
ana foreign nations within the keep
ing OF the United States government.
ANYTHING which is designed to be tans-
ported. for commercial purposes. from
one state TO another, and is actually
III transit, and any passenger who is
actually engaged in any such interstate
commercial transaction, and any car
or carriage actually transporting, OF
engaged in transporting such paSSeu-
ger or thing are the agencies and sub
ject matter OF interstate commerce.
and any conspiracy in restraint of
such trade or commerce is an OffenSe
against the United States To re-
strain is to prohibit, limit, cOntine or
abridge a thing; the restraint may be
permanent or temporary; it may be
intended to prohibit, limit or abridge
for all time, or for a day only. The
law draws no distinction in this re-
Spect. Commerce of this character
is intended to be free, except subject
to regulations by law at all times
and for all periods. Temporary re-
Straint is, therefore, as intolerable as
permanent, and practical restraint by
actual physical interference as crimi-
nal as that which flows from the ar
engagements of business and organiza-
ton. Any physical interference, there
fore, which has the effect of restrain
ing any passenger, car or thing, con-
shutting an element Of Interstate COM
merce, forms the foundation for this
OffenSe. But to complete this offenSe,
as also that of conspiracy to Obstruct
the mails, there must exist, in addi-
ton to the resolve, or purpose, the eIe-
ment OF criminal conspiracy. What
is criminal conspiracy? If it shall
appear to you that any two or three
persons cOrruptly or WrOngfully agreed
with each other that the trains carry
ing the mails and Interstate commerce
should be fOrcibly arrested, INSTRUCTED
and restrained, such would clearly
constitute conspiracy.
Ii it shall appear to you that two
or more persons cOrruptly or wrong
fully agreed with each other that the
employees of the several railroads car
rying the mails and Interstate com
merce should quit and that successors
should, by threats. intimidation or
violence, be prevented from taking
their places, such would constitute Il
conspiracy.
| recognize, however. the right of
labor to organize; each man in Ameri-
ca is a freeman. and so long as he
does not interfere with the rights Of
others, he has the right 10 do with
/ that which is his what he pleaSeS.
In the highest sense, mans arm is
his own, and aside from contract re-
lationS, no one but himself can di-
/ rect when it shall be raised to work
or shall be dropped to rest. The in
dividual option to work or to quit
is the imperishable right Of a free
! man. But the raising and dropping
! of the arm is the result of Will that
! resides in the brain, and much as we
! NAV desire that such wills should re-
main entirely Independent. there is no
| mandate OF law which prevents their
association with others and response
| to a higher will. The individual may
! feel himself, alone, unequal to cope
with the conditions that confront him,
or unable to comprehend the myriad
of considerations that ought to control
his conduct. He is entitled to tnc
highest wage that the strategy OF
work, or cessation from work, may
bring. and the limitations upon his
, intelligence and opportunities may DO
such that he does not choose to stand
upon his own perception Of strategic
| or other conditions. His right to
| choose a leader, one who observes.
thinks, and wills FOR Ina brain
! skilled to observe his interests no
greater pretension than that which
is recognized in every other depart
ment Of industry. SO far. and within
reasonable limits, associations of this
character are not only not unlawful
! but are, in my judgment, beneficial.
when they do not restrain Individual
! liberty and are under enlightened and
| conscientious leadership.
But they are subject to the same
! laws as other associations. The lead
ers to whom are given the vast powers
| Of Judging and acting, for the mem
bers are simply, in that respect, their
| trustees; their conduc. must be judged
| like that of other trustees, by the
| extent of their lawful authority, and
| the good faith with which they have
| executed it. No man in his individual
right can lawfully demand and insist
upon conduct by others which will
| lead to an injury to a third PERSONS
| lawful rights. The railroads carrying
| the mail and interstate commerce
! have a right to the service of each Of
! it's employees until each lawfully
| chooses to quit, and any concerted
| action upon the part of others to de-
mand or insist under any effective