The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-11
DEFINING CONSPIRACY.

Judge Grosscup's Charge to the Federal
Grand Jury IN the A r. T. Case.
CHICAGO, July lin his charge to
the Federal grand jury yesterday,
Judge Grosscup said:
Gentlemen Or the grand jury. YOU have
Deen sunmoned mere TO inquire WneUher any
of the laws OF the United states witnin this
judicial district have been violated. You have
rencs tnat may wei cause reasonable men 70
question whether gOverl nent laws Of the
resolute mAnhood ana to that enlis htened in
telllgence which perceive the nece sitg Of
viHdicatiOn of law before any other adjust
ments are possible the government OF the
United States i still supreme
with the questions behind present occur
renccS. have minis tiers of the law and
ciIizens OF the Republic no. hing to do The
law as is must first be vindicated before we
turn aside TO inquire how law or practice as it
about Government by law IS imperiled ana
that issue L paramount me government OF
the United States has law first TO protect it.
SELF ana ~ authority As p government. and.
secondly TO protect its authority over those
AGENCIES to W hich under the constitution and
laws II extends government laws.
under penalty. any person rom obstructins
or retard lin the passa e Of its mills and
therefore il shall appear 10 YOU that 34v per-
attempted arrest Tor such ofTense has
persons as would con stitute general sing
for the me beiaa Ihe civ AMI politisai an
thOrity then the flct tn II in direction
within the meaninT OF the law haS been estab-
ished And he VINO bv spec h Writinx prom
1ses, or other lndncene1ts aSslsts IA ssttlns i
law
The constitution places the regulation of
commerce between the several state an be
the keeping Of the United states overD rlent
Any thing which is designed to oe tran ported
# state TO anorher and is act ally in
transit. and any passen who IS actually en-
ga ed in any sueh inter.,tlte comm ercial
H.
transportin or en-a Cd in tr porrin such
inter state commerce and any cons piracy in
restraint OF sue trade Or onmerce is an Of
To restrain is to prohib limit con dne or
hihit limit or ah~ld Tor NJ time or for "a dav
re- pect Commerce 81 this calrlcrar Is III
tended to oc free except subject 70 reGula-
periods Tenporary restrain is therefore re
a. ~ - -l,-.s-al ~,
criminal as tn 1t which flows from the arran e.
ments IF business and ORGANIZATION ANY
the effect OF res training amy aassen ger car OF
thin onstituting an element Of interstate
commerce forms the foundation for this
But to complete this onanse, as also that
OF cons piracy 70 obs truct the mails. there
must exis in addition TO the resolve d. pur-
pose the element oI criminal conspIrAty
What IS criminal cOn~pIracys III IL shall
appear to you that any TWO or more pers ems 4
other hat the trains carryinE the N rs aud
rested INSTRUCTED and resrrafned. such would
clearly constitute conspiracy II il shall
EMPLOYEES 81 ths several railroads carrvinT
the mails and inter state Commerce should
quit. and that successors should 10y threats
Intimidation or vIo1snee be prevented from
takine their places, sucn would constitute a
con spiracy-
The court recognizes the right of
labor to organize, and said that abor
organizations we're a necessity within
a, f.l p bioi
said:
But they are subject to the same laws as
other associations The le lders to whom are
g be sn ss are ii II t respee her r
trustees their conduct must be jud sed ike
lawful authority. and the good faith with
When they nave exeSuted Il 20 N "a II his
sist upon condus t oy others which win lead to
an injury e sr1r per72H e~sqI
engaged in buildin< house Aside from con
ure 4 thirteenth and fourteenth man.
strangers TO them by concerted threats Of
hoflse unfinished The latter III 10 u ren
but are simply fnterlopers Tor mischief and I
But If. upon a trial for such results. they
prove that instead OF being strangers they are /
the trusteas. arents or leaders Of the twelve. 4
or quit and that they have in good faith de- I
fsT m tse 'ns oe DhsS s not 'n 50
But il should further appear the SUP
posed authority used. not IN the interest f
OF the twelve. but to further a personal ana +
bition or malice the two it would NO longer +
Justify their conduct DOin thing under T.
cloak Of authority not coin- IL with
thoritv The injury OF the two TO the I
aggravated by their treachery TO the asso-
ciated twelve and both employer and employees
should with equal lnsts tence ask the visitation
OF the law
-'If it appears to you therefore. applyin
the illustration to the occurrences that viii !
be brought 70 attention. that any TWO or
more persons, by concert. insisted or de-
upon quitting their employment
TO the obstruction Oh the rnlffS
or Interstate commerce lou my INQUIRE
whather they did these acts as strangers to
these Whet her they did them under
the Ruise Of trus tees leaders Of oeiil-
tion to which these men belon- ed And II
the latter appears you may inquire whether
their acts and cond uct in that respect were 10
faithful and conscientious execution Of their
supposed authority. or were simply q use q
that authority q Eufse 10 advance personal
am bition or satisfy private mllice-
There Is honest leadership amOng these
our laoorinE fellow-citizens. and there is
doubtless dishonest leadership You should
not brand any act Of leadership IS done dis
honestly or in bad faith unless il clearly SO ap-
pears. But NJ il does appear N any person
Is shown TO have betrayed tile trust OF these
toflinx men and their acts fall within the de
hniti0n OF crime as have 1lven i to YOU. II Is
alike the interest. the pleasure and the duty
Of every citizen to oring them to swift "a
heavy punis hment-
4 confess the problems which are made the
occasion or ureterI for the pres ent