The morning call., 1894-07-14

| train which transported the mail, il matters not
in point Of law whether they were or were not
willing that the mailcars or baggage car or the
particular vehicle carrying the mail should go
| on" The learned Judge then quotes, with ap-
prevail the opinion of Judge Drammond OF
Chicago upon the subject as follows: sin reia-
ton TO the transportation of malls by means of
railroads it II true that it appears by the
evidence in this case that these defendants
were willing that the mailcar should go, but
| 1t must be borne in mind that the mailcar
can only go i'll such way as to senabe the
| railroad TO transport the mali where there are
o Their cars accompanying It,. IL is not practical
Bile as general thing for a railroad TO trans
port mallcar by itself, because that would be
attended by serious loss, SO that, while nomi-
| nally they permit the maicar TO go, they really
| by preventing the transit of other passenger
| cars interfere with the transportation of the
! mails"
You will observe the law is applicable to the
| case OF an obstruction interposed for purpose
| other than that OF retardng the mails. This
was decided TO be iaw by the Supreme Court of
the United States as long ago as 1868 in the
case OF the United States VS.. Kirby, where 1t
was said, when the acts which create the OBJ
| structiOn are In themselves unlawful, the in
tention to obsrruct will be imputed to their
author, although the attainment OF other ends
may have been his private object"
| That the passage of the mails over certain
lines of railroad in this STATE had been retarded
and obstructed there is no question. The regu-
| lar receipt and dispatch of mail over the roads
OF the Southern Pacific Company have in
| fact been suspended at the San Francisco Post.
| Office Tor period of about TWO weeks. Who
! Is responsible for this state of affairs? The
| strikers, the railroad company, or both? The
| railway Is great public highway, and the
! duty OF the railroad company is first to the
! public. The road must be kept in operation II
| 1t is possible to do so with the force and appi-
| aDces within reach. Any negligence in this
respect is not excused by temporary difficult
cuties. The damage and interruption caused
| by the elements are usually promptly repaired
and removed. The same energy and good
faith should be observed with respect to the
removal OF labor and other difficulties. The
present controversy between the Southern Pa
cItc and its employees appears to be in relation
| to the movement of Pullman cars Both par
| ties 10 this controversy have announced in the
| public press that they have been ready and
| willing from the first to move freightcars and
passenger trains without Pullman cars.
| In my opinion the situation has been of such
an extraordinary character and the Interrupt
ton to commerce so serious and long con-
| tnued as to have required of the railroad COM
pany to temporarily waive all question con-
corning the makeup of regular trains Gas the
officers of the company claim to have done)
| and employed such resources as the company
had IN the movement OF trains in an effort to
relieve the prevailing congestion and distress.
| This obligation | believe to have been public
duty and willful failure 10 perform this duty
with respect to the movement of mails and in
terstate commerce within the purview of the
statute.
1t is your duty to determine this question
under the law as have stated II to you and
present the guilty parties to the court for pros
eeuton. In this inquiry you will not limit
your examination TO the conduct of any partic-
lar class of persons, but carefully scrutiniZe
the acts of all parties concerned whether they
are officers of the railroad company or en-
ployes, and without fear or favor or influence
OF any kind point out in The proper manner the
persons who have tIansgressed the law and
impered the best interests of this State. 1t Is
our duty TO uphold the authority and majesty
of the law and see to 1t that those who have
violated its provisions, whoever they may be,
are brought 10 the bar of Justice.
In your inquiry you may find that parties
have so associated themselves together In their
conduct as 10 bring them within the law OF
conspiracy. The elements of this offense are
the combination or conspiracy to violate the
law and the overt act or acts TO carry the con-
spiracy into effect. Where several persons are
proved TO have combined together for the same
| Illegal purpose any act done by one OF the par
ties in pursuance of the original concerted
! plan, and with reference 10 the common object,
is in the contemplation of the law, the act OF
| the whole party, and therefore the proof OF
| such act will be evidence against any OF the
| others who were engaged in the same conspir-
acy II is also true that any declaration made
by one of the parties during the tendency of
| the Illegal enterprise is not only evidence
against himself, but is evidence against the
other parties, who, as we have seen. when the
| combination Is proven, are as much respon-
| sible as If they had done the act themselves.
| You will observe in this connection that the act
OF combination to violate the statute Is the i'm
pOrtant element in the crime OF conspiracy.
| The law regards the act OF unlawful combina-
ton and confederacy as dangerous to the peace
OF society, and declares that such combination
| and confederation of several persons TO COM
| nit crime requires an additional restraint 10
those provided for the commission of the crime
and makes criminal the conspiracy, with penal
ties and punishments, distinctive from those
prescribe for the crime, the subject of the con-
spiracy.
The right OF labor to organize for its own
benefit and protection is not questioned. 1t
has the same right In this respect as any other
| association, and perhaps in some respects its
freedom Is properly greater. The laDoring man
| is entitled to the highest wages and the best
| conditions he can command but he Is not en-
! titled TO interfere with the rights and property
of Others and by force or other unlawful means
seize upon the appliances of organized industry
and set at defiance the laws of the Government.
The right OF worklngmen to quit work, either
singly or in a body Subject only 10 the civil OBJ
| legations of contracts Is not denied, provided
that the abandonment of service is accom-
plished In peaceful and orderly manner; and
here again the privilege or freedom must be ex-
ercIsed without interfering with the rights and
properly of others. 1t may be said that this
freedom and privilege accorded TO the laboring
man with the restrictions named is Of no great
value. since he is hereby prevented from secUr-
! ing the protection he ought to have for his
| labor. This may be true and it may be con-
ced that the relations of labor to capital
! present difficult problem for solution, but IL
seems to me that the intelligence of the people
| ought to solve this question in peaceful and
| proper manner.
AT WEST OAKLAND.