The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-07-11


restraint by actualiphysical interf erence as
| criminal as thai which flows from the
| arrangements OF business AMI organize
ton. Any physical interference, there
fore, which has the effect OF restraining
| any passenger, car or thing constituting
| an element OF Interstate commerce forms
the foundation for this off-use.
But 10 compete this offense, as also thai
| of conspiracy 10 obs rucJ the mails, there
| must exist In addition 10 the resolve or
purpose the element or Criminal con-
spiracy.
Wat is original conspiracy? If it shall
appear that any two OF more persons cor
ruptly or wrongfully agreed with each
other hat the trains Carrying the M is
and Interstate commerce should be forcl-
by arrested, INSTRUCTED and restrained,
UGH would Clearly Constitute conspi-a y.
IL II shall appear 10 you that Two or
more persons corruptly or wrongtully
agreed with each other that the employees
. Il the several railroads Carrying the mails
! and inters ate commerce should quit, and
| that successors should, by threats, lutimi-
dation or violence, be prevented from tax
| ing their places, such would constitute 4
| conspiracy.
| recognize, however, the right of labor
! 10 organize. Each man IN America Is
freeman, and so long as he does not
/ interfere with the rights OF Others he
| has the right to do with that which
| Is his what he pleases. In the highest
sense mans arm Is his own, and aside
| from contract relations no one but himself
can direct when it shall be put To work or
| shall be dropped 70 rest. The individual
| option 10 work or to quit is the imperish-
able right of a free man But the raising
| or dropping OF the arm Is the result OF
/ will that resides in the brain, and much AS
we desire that such will should remain
| entirely independent there is no mandate
oil law which prevents their ASSOCIATION
/ with others in response TO a higher will
! The individual may feel himself alone
! unequal to cope with the conditions that
| confront him. or unable 10 comprehend
the myriad of considerations that ought
| 10 control his conduct. He is entitled t.
the highest wage the strategy of work or
cessation from work may bring. ana the
limitations upon his intelligence and OPP
portunities may BE- such that lie does not
| choose to stand upon his own perception
or strategic or other conditions. His
right TO glucose "A leader, one who observes,
thinks and wills for him-a brain skilled
TO observe his interests no greater pre-
| tention than that which is recognized in
every other department of industry. So
Tar, and within reasonable limits, asso-
Citations of this character ere not only
laWfni, but are, In my Judgment. bene-
hcial when they do not restrain iudivid ual
liberty and are under enlightened and
Conscious leadership. But they are sub
Ject TO the same laws as other associations.
Inc leaders to whom are given the Vast
power OF Judging and acting for the mem
bers are simply, in that respect, their
trustee; their conduct 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
w Ian m mi, H. I'D
PERSONS lawful rights.
The railroads carrying the mails and
Interstate commerce. have u right to the
serves OF each Of its employees until each
lawfully Chooses to quit. and any concert
Ell action upon the part OF others to de-
mand or insist under any effective penalty
or threat upon their quitting, to the in
jury OF the nail servIcs or the prompt
transportation OF Interstate commerce, is a
conspiracy, unless such demand or iuslS-
tence Is IN pursuance OF a lawful authorL-
~ conferred upon them by the men them
selves. and is made in good faith and IL
the execution of such authority. The de-
maud and iusistence, under effective
penalty or threat, and Injury to the trans
poItation of mails or interstate commerce
being proven, the burden falls upon those
making the demand or irsistence to show
lawful authority and good faith in its exc
cutiou.
Let me illustrate: Twelve carpenters are
engaged in building house. Aside from
contract or regulations, they each can
quit at pleasure. A thirteenth aad
fourteenth. man, strangers To them, by
cOncertets threats of holding them uD to
public ojlum or private malice, Induce
them TO quit and leave the house unfiuish-
ed. The latter in no sense represent the
former or theIr wishes, but are simply in
terlopers for mischief aud are guilty of
or ria NIL
carpenters.
But If, upon a trial for such results,
they prove that instead of being strangers
they are Cne trustees, agents or leaders OF
the twelve. with full power TO determine
tor them whether their wage is such that
they ought o continue o. quit, and that
they Lave IN good faith determined that
question, they are not, then, SO tar as the
law goes conspirayors.
But lift should appear that the supposed
authority was used, not III the interests of
the twelve, but TO further a personal am
btiOn or malice of the two, il would no
longer Justify their conduct. Doing
thing under cloak OF authority is not
doing il with authority. The njur=
or the two To the employer in such an
instance would only be aggravated by
their treachery to the associated twelve,
and boz h employer and employees should.
with equal insIslance, ask the visitation
of the law.
If it appears to you, therefore, applying
the illustration to the occurrences that
win be brought to your attention, thst any
TWO or more persons ny concert, insisted or
demanded uader effective penalties and
threats. upon men quitting their employ
ment to the obstruction OF the mails or in
tsrstate commerce, you may inquire
whether they aid these acts as strangers
To these men. or whether they did them
1 .,fe Of
association 10 which these men belonged.
And if the latter appears, you may inquire
whether their acts and conduct in that re-
spect were in faithful aud conscientious
execution of their supposed authority, or
were simply ruse of that authority as A
gUIse to advance personal ambition or
satisfy private malice.
There is honest leadership among these.
our labor.ng fellow-citizsus. and there il
doubtless dishonest leadership. You
should not brand any act OF leadership a.
done dishones' " or in bad faith uu e. It
clearly At once appears. But II II dos %
appear, II any person Is known TO have De-
trayed the trust Of these tollIng men, and
their acts fall within the definition of
crime. as have given X u you, II is alike /
the interest, the pleasure and the duty Of
every citizen to br ug them TO swift and
heavy punishment.
wish again, in conclusion, to impress T.
upon you the fact that the present emerg- /
eucy Is to vindicate law. II 10 one has T.
yIoI.ted the Jaw under the rules / have .
laid down, it needs no yindicatiou; b1t it f.
there has been such violation there shou & .
be quick, prompt and adequate IndIct- .
menr.
I confess the problems which are made F.
the occasion or pretext lor the present .
Disturbances have not received the .
consideration they deserve. IL is our
durv as citizens 10 take them and IS
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