The morning call., 1894-07-14
MORROW'S CHARGE.
Federal Jurors Admonished to Make
an impartial Inquest.

an impartial Inquest.
The Federal Grand Jury was impaneled
by Judge Morrow in the United States
District Court Yesterday morning. As
was expected the court delivered a lengthy
charge to the jurors. instructing them to
fix the responsibility for the obstruction
OF the mails and the Interference with
interstate commerce which followed the
strike on the railroads.
The jurors are with very few exceptions
well-Bnown business men. They are:
j 1mes W. Cudworth, 2018 Union street
Jay Deming. 122 Davis; Harry Durbrow,
322 California; Joseph X. Firth, 229 First;
Harry j. Hart. 1901 Cough; John c.
Murray, $40 Santa Clara avenue, Ala
media; Andrew Manning, 612 Taylor; A.
w. Meigs. 800 Front; Henry c. Macy, 2O8
Kearny; Samuel MOffatt. 14O9 Clay; Tall
madge Norwood, 10Y Van Ness avenue:
James w. Newbert. 31S Noe; Samuel H.
Nicholson, 1105 Golden Gate avenue; Mar
tin r. Roberts Jr., 5 Spear; John Ramon.
1856 Bush; John P Shepard. PIP Steiner;
A. ". Starbird, 1855 Golden Gate avenue;
f. W. Wright, 727 Market; A. A. Wig
more, 129 Spear; Henry Wagner. 1921
/ Washington; Charles J. Woodward, 1926
Fell; Judson Wheeler. 1400 Post; James
Wainwright, sos Taylor.
JudsOn Wheeler, miner. has been ap-
/ pointed foreman Of the jury. Citations
were issued for the following who were
! summoned as jurors but did not respond
when they were called. They will be
given an opportunity on Thursday next to
! show cause why they should not be pun
ished for contempt of court: John c.
| Frank, Henry B. Hunt, George T. Msyne,
! William MARVEL, Albert F. Nye, William
! Osterman and Thomas Whitley. The
! charge was substantially as follows:
The extraordinary occurrences in this State
/ during the past two weeks require your imme.
| date attention and call for thorough and
! sweeping investigation, 1t is a matter OF pub
/ lie notOrety that during this time d great rail-
road strike has prevailed; that the most impor-
/ tant channels of trade and commerce carried by
railway service have been closed, the busi-
/ ness operations of The STATE paralyzed and the
passage OF the malls seriously retarded and OBJ
structed at several points in the State Con-
gress has provided by act Of July 2, 1890, that
every contract, combination in the form of
trust or otherwise, or conspiracy in restraint of
trade or commerce among the several States or
with foreign nations, is hereby declared Illegal"
doubleday to prevent the destruction of legti-
mate and healthy competition in interstate
commerce by individuals, corporations and
trusts, grasping, expressing and mOnOpOliZing
the markets for commodities But its pro-
visions are broad enough to reach combination
or conspiracy that would interrupt he trans
/ portation of such commodities from one State
/ TO another, and In this view the scope and pur-
pose OF the statute has been the subject of con.
Z Vf~,v
/ the United States VS.. WOrkingmen's Amalea
mated Council. That action was brought by
the United States in the eastern district of
Louisiana against the Workingmen's Amalga-
mated Council of New Orleans. La, and Others
TO restrain the defendants from interfering
with interstate and foreign commerce. The
facts were that disagreement had arisen be-
tween the warehouse men and their employees
and the principal draymen and their subordI-
mates concerning the recognition that should be
accorded by the employers to the demands of
certain labor organizations in New Orleans
and II was threatened that unless there was an
acquleSence in these demands all the labor or
gauizatiOns would leave work and would allow
no work in any department OF business and
violence was threatened In support of the de.
mands. In some branches of business the
effort was made to replace the union men by
other workmen. This was resisted by the in
union men assembling in the street, and in
some instances by violence, so that the result
was that by the intended effects of the doiDgs
of the defendants not bale of goods consttut-
ing the commerce of the country could be
moved. II was held by the court that the facts
Of that case brought it within the provisions of
the statute.
In other words IL was determined that COM
! bin alton OF men who by violence and intmda-
: tV1r, do
several States or with foreign nations were
acting in violation of this law Notwithstanding
they may have had in view some other purpose
In relation to their employment. You will OBJ
serve that In this case the elements OF intimi-
dalton and violence were present. 1t was not
a case where the men merely quit work putting
their employers to no other inconvenience than
OF securing other men to fill their places but It
was case where force and Intimidation were
used 10 prevent any one in that locality from
engaging in the lawful and necessary business
of moving the CONNER rec Of the country. The
order granting an injunction in that case was
affirmed by the Circuit Court of Appeals in the
fifth circuit. The law as thus declared by
court of recognized ability and authority was
recently applied by Judge McKenna of the
Circuit Court of this district in like manner to
one feature Of the state of affairs TO which | en-
now directing your attention. This law de-
Ieiml0eS IOdJ any COHlDludliOO or conspiracy
on the part OF any class OF men who by vIo-
lence and intimid ton, prevent the passage OF
railroad trains engaged in transporting the in
terstate commerce OF the country is violation
OF the act or July 2, 1890.
Another agency of the Government is involved
in the transportation of the mails. and TO pro-
tect and secure the ef1icI ncy of that branch of
the service il has been enacted that all railroads
or parts of railroads which are now or here
alter may be in operation are established as
post roads; that the Postmaster General shall
in all cases decide upon what trains and In what
manner the mails shall be conveyed. and every
railway company conveying the mails shall
carry on any train which may run over its road
and without extra charge therefor all mailable
matter directed TO be carried thereon, with the
person In charge of the same. 1t is further pro-
Vded in section 1895, Revised Statutes, that
"any person who shall knowingly ana wllIfully
obstTuct or retSrd the passage OF the m il or
any carriage, horse, driver or carrier carrying
the same shall for each off-nse be punished by
a fine of not more than $780,"
This statute has also been before the courts
in cases where bodies OF men operating as
labor organizations have prevented the passage
of trains carrying the mails. In the case of
the United States VS.. Clark in the District
Court of the United States for the Eastern
District OF Pennsylvania the defendant was one
of a number of persons who assembled at the
depot OF the Lehigh Valley Railroad at South
Easton, Pa On the arrival of the mail train al
the depot The defendant. who had no c0nnec-
tton with the tran said TO persons having
oto.oo ~ it that the mailcar c0uId 90 nm hnt