The record-union., 1894-07-11

/
able as permanent, and practical restraint
/ by physical interference as criminal as
| that which Iiows from the arrangements
OF organizations. Any physical inter-
ference therefore. which has the effect of
restraining any passenger, car. or thing
constituting an element OF Interstate COM
nierce, forms the foundation for this
offense.
But to complete this offense, as also
/ that Of conspiracy to obstruct the mails,
| there must exist, In addition to the re-
solve. a purpose intent OF criminal con-
! spiracy. The criminal conspiracy, If II
| shall appear that two or more persons
! wrongly agreed with each other that The
! trains carrying the mails and interstate
commerce should be torciDly arrested.
/ obstructed and restrained, such would
! clearly Indicate conspiracy. If it shall
appear to you that the employees o. the
several railroads carrying the mails aud
/ interstate commerce should quit, and
| that successors should, by threats, intIm-
idation or influence be prevented from
taking their places, such would constl-
tue a conspiracy. i recognize, however,
| the right OF labor TO organize. Each man
! in America is a free man, and so long as
| he does not interfere with the rights OF
others he mas the right to do with that
Which is his What he pleases In tho
highest sense Z mans arm is his own,
bu1 him can direct him when it shall be
raised To work or when it shall be drop
ped to rest. The individual option to
! work OF to qait is the imperishable right
/ of a free man. But the raising or drop
ping of the arm is the result Oi a will that
resides III the brain. Much as we may
desire that such Will should remain en-
tirely independent there is no mandate OF
law which prevents their association with
others and III response To a higher viii.
'sIhe individual may ieel himself alone
unequal To cope with tho conditions that
confront him, or unable to comprehend
the myriad OF consideration of thought to
control his conduct. He is entitled 10 the
highest wage the strategy of work or ces-
sation from work may bring, and limita-
tions upon MIS- Intelligence and oppor-
tuuities may be such that he does not
choose to stand upon his own perception
of strategic or other conditions. Hls right
to chose q leader who observes, thinks
and will for him, brain skilled to OBJ
serve his interest, is nogreater pretension
| than tiat which is recognized IN every
other department Of Industry. So far,
and within reasonable limits, associations
OF this character are not only lawful, but
are in my judgment beneficial when they
do not restrain individual liberty, and
are under enlightened and conscientious
! leadership. But they arc subject TO the
same laws as other ASSOCIATIONS, the lead
ers 10 whom are given the vast power Of
| Judges and acting for the members are
/ simply within that respect their trustees;
! their conduct must be judged like that of
other trustees, by the extent OF their law
/ full authority and the good faith with
which they have executed il.
IN man. In his individual right can
/ lawfully demand aud insist upon conduct
| by others which leads TO an injury to a
- 4 L.,
! roads carrying the mail and interstate
commerce have right to.the service of
each of its employees until he lawfully
| chooses to quit, and concerted action
| upon the part OF others 10 demand or IN
! sist, under any effective penalty or threat
upon their quilting 70 the injury OF the
mail service or the complete transporta-
| ton of interstate commerce, is a con-
| spiracy, unless sGcn demand or insiStence
| is in pursuance of lawful authority con-
! ierred upon them by the men themselves,
! and is made in good faith in the execu-
| ton of such authority. The demand and
| nsistence under effective penalty and
/ threat and injury to the transportation
! of the mails or interstate commerce being
proven, the burden falls upon those MAX
! ing the demand or insist to show law
| tut authority or show good faith in
! its execution. Let me illustrate: Twelve
! carpenters are engaged in building a
| house. Aside from contract regulations
| they each can quit at pleasure A thir-
! teenth and fourteenth man, strangers to
| them, by concerted threats of holding
| them up to public odlum or private mall
| ice induce them to quit and leave the
! house unfinished. The latter in no sense
represent the former or their wishes, but
! are simply interlopers for mischief and
are guilty of conspiracy against the en-
ployer of the carpenters. But if, upon
trial for such results, they prove that in
stead of being strangers they are the
trustees, agents or leaders of the twelve.
with full power to determine for them
| whether their wage is such that they
ought to continue or quit. they have in
! good faith determined the question, they
are not then, so far as the law goes, con-
spirators. But if it should further appear
that the supposed authority was used not
in the interests of the twelve. but to fur
| ther a personal ambition or malice of the
two it would no longer justify their con-
| duct
"Doing a thing under cloak ofauthority
! is not doing it with authority. The in
| uries of the two employees in such an
| instance would only be aggravated
by their treachery to the associate twelve,
and both employees and employer should
| with equal insistance ask the vindication
of the law.
II IL appears, tU8IGlOTSs dpElylu tu0
| illustration to the occurrences that will
be brought to our attention. that any two
or more persons, by concert insisted or
demanded under effective penalties and
threats upon men quitting their employ
ment, to the obstruction of the mails or.
interstate commerce, you may inquire
whether they did these acts as strangers
to these men, or whether they did them
under the guise of trustees or leaders OF
an association to which these men be-
longed And ii the latter appear, you
may inquire whether their acts and con-
duct in that respect were in faithful and
conscientious execution of their supposed
authority, or were simply ruse of that
authority as guise to advance personal
ambition, or to satisfy private malice.
There is honest leadership among these,
our laboring fellow-citizens, and there is
doubtless dishonest leadership.
You should not brand any action of
leadership as done dishonesty or in bad
faith, unless it clearly SO appears. But if
it does so appear, it any person is shown
to have betrayed the trust Of these toiling
men, and their acts fall within the defini-
,, tion of crime as | have given it to you,
it is alike the interest and pleasure of
every citizen to bring them to swift pun
ishment.
81 wish in conclusion to impress upon
you the fact that the present emergency
is to vindlcate the law. IF no one has
violated the law under the rules / have
laid down it needs no vindicaton. But
if there has been such violation there has
been quick, prompt and adequate indict-
ment. / confess the problems which are
made the occasion or pretext for the
disturbances have now received the con-
sideration they deserve. 1t is our duty as
citizens to take them up and by candid
and courageous discussion ascertain what
wrongs exist and what remedies should
be applied. But neither the existence OF
III nf