The herald., 1894-07-11
the government and it's authority
ooairaf dirarf attack

| the government ana It's auth0rit,
against direct attack.
There are other provisions OF law de
sigued to protect these particular agen
ces which come within government ia
control. To theae l will now call you
attention.
"The mails are ia the special keepin,
OF the government and laws OF thu
United Statee. 10 secure unhinderel
transmission it is made an offsnse tt
knowingly and wifully obstruct thu
passage OF the mail, or any carriage
horse or carrier carrying the same.'
1T is also provided that if two OF
more persons conepire together to CON-
nit any oftense against the United
States, and one or more OF such parties
do sny act to effoct the object of the
conspiracy, all the parties thereto ehsl
/ be subject to penalty. Any person viii
fully or knowingly doing any act which
contributes, or is calculated to contrib
ute, to obstructing or hinderng the
willingly takes part in such an act, nc
matter how trivial, if Intentional. ia
greatly in violation OF tho first OF tie
provisions, and any psrson who con-
spires with one or more other persons.
any of whom subsequently com mits
the offense, ie likewise guilty of an
offense against the United States.
"What constitutes conspiracy to hin
der or obstruct the mails vii be touched
upon in connection with the subjscs to
which | now call your attention. The
constitution places the regulation of
commerce between the states aud be-
tween the states and foreign nations,
within the keeping OF the United States
government.
Anything which is designed to be
transported for commercial purposes
from one state to another and is actually
in transit, and any passenger who is
actually engaged in any such interstate
commercial transaction, and any car or
carriage actually transporting or en-
gagged in transporting such passenger or
agencies are subject matter OF interstate
commerce, and any conspiracy in re-
straint of such trade or commerce ie an
offense against the United States.
40 restrain is to prohibit, limit, con-
fine or abridge thing The restraint
may be temporary it may be intended
to prohibit. limit or abridge for all time
or for day only. The law draws no
distinction in this respect. Commerce
of this character is intended to be free,
except when subject to regulations by
law at all time and for all periods. Tenn
porary restraint is as lntolerable as
practical restraint by actual physical in.
terierence; as criminal as that which
flows from arrangements and organiza-
tion. Any physical interference, there
fore, which has the effect OF restraining
any passenger car or thing constituting
interstate commerce, forms the founda-
ton for this ofense.
"But to complete this offense, as also
that of conspiracy to obstrucs the mails,
there must exist in addition to the re-
solve a purpose or intent of criminal
conspiracy. When it shall appear that
two or more persons were agreed with
each other the trains carrying the mails
and interstate commerce should be
forcibly arrested, obstructed and re-
strained, such would clearly constitute
a conspiracy.
''If it shall appear to you that two or
more persons corruptly or wrongiully
agreed with each other that the en-
ployees of the several railroads carrying
the mails and the interstate com insrce
should quit, and that their successors
should, by threats, intimidation or in.
f1uence be prevented from taking their
places, such would constitute cons piracy.
II recognize, however, the right OF
liberty to organization. Each man in
America is free man; go long as he
does not interfere with the laws he bas
the right TO do that which is his pleas
ure. In the highest sense mans arm
is his own, and aeide from contract re-
lations no one but he can direct when
it shall be raised to work or shall be
dropped to rest.
THE individual option to work or to
quit is the imperishable right of free
man. But the raising or dropping OF
the arm is the result Of a will that re.
sides in the brains, which may have
desire that the will remain entirely in.
dependent. There is no mandate OF law
which prevents their association with
others. The individual may feel unequal
to cope with the conditions that confront
him, or unable to comprehend the my
Rad of considerations OF thought to con-
troll his condition. He ia entitled to the
highest wage the strategy OF work or
cessation from work may bring, and the
limitations upon his intelligence and op-
portunities may be such that he does
not choose to stand upon his own per-
ception of strategic or other conditions.
His right to choose a leader, who OBJ
serves, thinks and wills for him, brain
skilled to observe his interest. is no
greater pretension than that which is
recognized in every other department of
industry. So far, and within reasonable
limits. associations of this character are
not unlawful, but are, in my judgment,
beneficial when they do not restrain in
dividual liberty and are under en-
lightened and conscientious leadership.
But they are subject to the same lave au
all associations; the leaders to whom
are given the vast power OF judging and
acting for the members are simply, with
in that respect, their trustees; their
conduct must be judged like that oi
other trustees; by the extent of their
lawful authority and the good faith with
which they have executed it.
mo man in his individual right can
lawfully demand and insist upon con.
duct by others which will lead to an in
jury to third PERSONS lawful rights.
The railroads carrying the mails and
interstate commerce have right to the
service of each OF it's employees until
each lawfully chooses to quit, and any
concerted action ON ths part OF Others
! to demand or insist, under any effective
penalty or threat, upon their quitting
to the injury of the mail service or the
complete transportation Of interstate
commerce, ia a conspiracy, uniess such
demand or insistance is in pursaan ce o.
q Icw{,l rfhnritv rcnfarrod II non th AR