The morning call., 1894-07-11

:: ference as criminal as hat wh$ch flows from
arrangements and organization. Any
=: 5llvsical interference, therefore. which has
:. the effect of restraining any passenger, car
or thing constituting an element of inter
state commerce forms the foundation for
this Offense. But TO complete this ofense,
as $50 that of conspiracy to Obstruct the
mails. there must exist in addition to the
resolve, a purpose Of intent of criminal
conspiracy. If 1t shall appear that two or
more persons wrongly agreed with each
other that trains carrying the mails and
interstate commerce should be forclbly
ARRESTED, INSTRUCTED and restrained, such
.>:Would clearly constitute a conspiracy.
"If it shall appear TO you that two or
; more persons corTuptly or wrongfully
. agreed with each other that the EN- ployes
= of the several railroads carrying the mails
- and interstate commerce should quit, and
: that successors should by threats, intimi.
:ldation or influence be prevented from TAX
= ing their places, such would constitute
D: 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 has the right to do with that which Is
a mans arm is his own. and aside from
: contract relations no one but he can d.
p rect when it shall be raised to work or
shall be dropped to rest. The individual
option to work or to quit is the imperlsh-
able right of free man. But the raising
or dropping of the arm IS the
= result of a will that resides IN
1.-THE brains Much as we may desire that
RntITpV In0e-
pendent. there is no mandate of law which
prevents their association with others and
response to higher will. The individual
may feel himself alone unequal to cope
with the conditions that confront him. or
: unable to comprehend the myriad Of con-
sFdefations that ought to control his con-
duct He is entitled to the highest wage
! the strategy of work or cessation from
work may bring and the limitations upon
ibis Intelligence and opportunities may be
such that he does lot choose to stand upon
his own perez ption of strategic or other
conditions. His right to choose a leader,
who observes, thinks and wills for him,
brain skilled TO observe his interests 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
lawful only but are in my judgment bench
'cial when they do not restrain individual
liberty and are under enlightened and con-
scientious leadership.
But they are subject to the same laws
as other associations. The leaders to
whom are given the vast power of judging
and acting for the members are simply
within that respect their trustees. Their
conduct must be judgad 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 bis in
dividual right can lawfully demand and
insist upon conduct by others which will
lead to injury TO a third persons lawful
rights. The railroad carrying the mails
and. interstate commerce has a right to
- the service of each of its employees until
each lawfully chooses TO quit, and any
-: concerted action upon the part of others to
demand or insist, under any effective
penalty, upon their quitting, to the
Injury Of the mail service or the complete
- trans portation of interstate commerce, i
= a con piracy, unless such demand or in-
: sistepce is in pursuance o. a lawful
authority conferred upon them by the
3: men themselves and Is made in good faith
. in the execution of such authority. The
=. demand Or insistence, under effective
penalty or threat, and injury to the
!. transportation of the ID ais or interstate
: commerce being proven, the burden falls
upon those making the demand or insist
to show lawful authority and good faith
nits execution.
Net me illustrate Twelve carpenters
are engaged in building a house. Aside
from contract regulations. they each can
quit at pleasure. A thirteenth and four
o. teenth man, strangers to them, by con-
certed threats of holding them up to pub
= lie odium or private malice, induce them
to quit and leave the house unfinished.
: the latter in q sense represent the former
or their wishes but are simply interlopers
for mischief and are guilty of conspiracy
against the employer OF the carpenters
But if upon a trial for such results they
prove that instead 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 that question, and
are not then, so far as the law goes, con-
spirators. But if IL should further appear
Ihe supposed authority was used not in
the interests of the twelve, but to further
personal ambition or malice of the two,
1t would nc longer justify their conduct.
Doing a thing under cloak Of authority is
: not doing it with authority. The injury of
: the two to the employer is such an instance
as would only be aggravated by their
B.. treachery 20 the associated twelve, and
both employees and employer should with
5 equal insistencs ask the Vindicatlon OF the
law.
-. III 1t appears. therefore, applying the
illustration to the occurrences that will be
brought to our attention, that any Two or
? more persons by concert insisted or de-
: manded under effective penalties and
. threats upon men quitting their empIov-
Inent 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 and leaders of
an association to which these men be-
longed. And II the latter appears you
:. may inquire whether their acts and con-
duct In that respect we're in faithful and
. conscientious execution of their supposed
authority OF were simply ruse of that
= authority as guise TO advance personal
ambition or satisfy private malice. There
is honest leadership among these, cur
labofing fellow citizens, and there is
. doubtless dishonest leadership. You