St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-11

thSIciulS, Which, HAS Tie tltCb VI re-
straining any passenger car or thing
constituting an element of interstate
commerce. forms the foundation for this
offense. But 10 complete this offense,
as also that of conspiracy to ObStruct
the mails, there must exist in addition
10 the resolve or purpose the element
of criminal conspiracy.
What is criminal conspiracy If il
shall appear to you that any two or
more persons cOrruptly or wrongfully
agreed with each other that the trains
carrying the mails and interstate COM
lnerce should be f0rcibly arrested, OBJ
structed and restrained, such would
clearly constitute conspiracy. a.
III 1t shall appear to you that two or
more persons corruptly or wrOngtully
agreed with each other that the en-
ployes OF the ~
SEVERAL, RAILROADS ~,
carrying the mails and the interstate
commerce should quit, and that sue
cessOrs should by threats, intimidation
or violence be prevented from taking
their places, such would constitute u
conspiracy.
l recognize. however, the right Of
LABOR TO organize. Each man In America
is free man. and SO long as he does
not interiors with the rights of others
he has the right to do with that which is
his as 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 DO raised to
work or shall be dropped to rest. The
Individual option to work or to quit is
the imperlshable right of a free man.
But the rising or dropping of the arm is
the result OF will that resides in the
brain, and much as we may desire that
such wills should remain entirely indie.
pendent, there is no mandate of law
which prevents their association with
others and response to a higher will.
The individual may feel him
self alone unequal to cope with
the conditions that confront him,
or unable to comprehend the
myriad of considerations that ought to
control his conduct. He is entitled TO
the highest wage that the strategy of
work or cessation from work may
bring. and the limitations upon his in
tellIgence and opportunities may be
such that he does not chose to stand
upon his own perception of strategic or
other conditions. His right to choose a
leader, one who observes, thinks and
wills for him-a brain skilled to observe
his interests no greater preten der
than that which is recognized in every
other
DEPARTMENT OF INDUSTRY.
So far, and within reasonable limits.
associations of this character are not
only not unlawful. but are, in my judg-
ment, beneficial, when they do not re-
train individual liberty, and are under
enlightened and conscientious leader
ship.
But they are subject to the same laws
as other associations. The leaders to
whom are given the vast power of judg-
ing and acting for the members are
simply i'll that respecr, their trusts;
their conduct must he judged like that
OF other trustees. by the extent of their
lawful authority and the good faith
with which they have executed 1t. No
man In his individual right can lawfully
demand and insist upon conduct by
others which will lead to an Injury to a
third PERSONS lawful rights. The rail
roads carrying the mails aud Interstate
commerce have 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 de.
mand or insist under any effective
penalty or threat upon their quitting, to
the injury of the mail service or the
prompt transportation OF interstate
commerce, is conspiracy, unless such
demand or persistence Is In pur-
suance Of lawful authority conferred
upon them by the men themselves, and
is made in good faith in the execution
of such authority. The demand and
insistence, under effective penalty or
threat and injury to the transportation
OF the mails or interstate commerce
being proven,
THE BURDEN FALLS
upon those making the demand or in.
slstence to show lawful authority and
good faith in its execution. Let me
illustrate. Twelve carpenters are en-
gagged in building house Aside from
the contract regulations they each can.
quit at pleasure. A thirteenth and
fourteenth man, strangers to them, by
concerted threats Of holding them up to
public odium or private malice, induce
them 10 quit and leave the house unfin-
ished. The latter in 10 sense represent
the former and his wishes, but are SLID
ply interlopers for mischief, and are
guilty Of conspiracy against the employ
er OF the carpenter.
But if, upon trial for such results,
they prove that instead of being strang-
ers 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, aud that they have in good
faith determined that 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 personal ambition or malice of
the two, it would no longer justify their
conduct. Doing thing under cloak OF
a INF lie
The injury of the two to the employer
in such an instance would only be az
gravated by their treachery to the asso-
ciated twelve, and both employer and
employees should with
EQUAL INSISTENCE
ask for the visitation of the law.
Ii 1t appears to you, therefore, apply
Ing the illustration to the occurrences
that will be brought to your attention,
that any two or more persons, by con-
cert, insisted or demanded under eff
fective penalties and threats upon men
quitting their employment TO the OBJ
struction of the mails or interstate COM
merce. you may inquire whether they
did these acts as strangers to these men.
or whether they did them under the
gulSe of trustees or leaders of an as
ISOLATION to which these men belonged,
And If the latter appears, you may
inquire whether their acts and conduct
in that respect were in faithful and
conscientious execution of their au-
thority as guise to advance personal
ambition or satisfy private malice.
There Is honest leadership among
hese, our Iaboring fellow citi-
ems, and there is doubtless dis
honest leadership. You should not
brand any act of leadership as dene dis
honestly or in bad faith unless it clearly
so appears. But If 1t does SO appear, il
any perSSn is shown to have BETRAYED
the trust of these toiling men. and their
acts fall within the defnition OF crime
as have given 1t to you, 1t is alike the
interest, the pleasure and the duty of
every citizen to bring them TO swift and
heavy punishment.
II wish again, in conclusion. to i'm
press upon you the fact that the present
emergency Is to vindicate law. If no
one mas violated the law under the rules
/ have laid down. IL needs no viudfca