The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-12

JUDGE GROSSCUP's CHARGE.
In his charge on Tuesday to the grand
Jury that indicted Dcbs and his abettors,
United states Judge Grosscup laid down
the following law:
| recocnize however, the right Of labor
10 organize Each man in America is
free man. and so Ions as De does not
! interfere with the rights OF DINERS, ne
has the right TO do Win that when is
his what ne pleases. In the highest sense
| a mans arm is his own. ana aside ron
! contract relations. no one but hlnlscH
| can direct when IL shall be raised 10
! work or dropped to rest. The lnllNluutl
! option TO cork or TO quit is The impcrish-
/ able right OF a free man. But the ldls-
! inS or dropping OF the arm Is result
of the will that resides i'm the brain, ana
much as we may desire that Such wills
should remain entirely independent there
is no mandate of law which prevents
their association with others ana re-
Spouse TO a higher viii. The in1lNdual
may feel himself alone unable 10 cope
with the conditions that confront MN,
or unable to comprehend the myriad oi
considerations that oucht 10 conlroI MS
conduct He is entitled TO the highest
wage that the strategy of work or ces-
s1uOn OF work may bring. ana the llml-
tatiOn upon his intelligence ana oppor-
tunities may be such that ne goes not
choose to stand upon his own perception
of strategic or other COnIluOnS. Ills
right 10 choose leader. one who OBJ
serves. thinks. and wills for nina brain
skilled 10 observe his interests-is no
greater prctention than that which is
recognized in every other department
of industry. so far and within rea-
sonable limits. associations Of this char
acter are not only not unlawful, but are.
in my Judgment. beneficial, when they do
not restrain individual liberty and are
under enlightened and conscientious
leadership.
But they are subject to the same laws
as other associations. The leaders 10
whom are given the vast power Of ju1s-
Ing and acting for the members are sim
ply, In that respect, their trustees, their
conduct must De Judged like that OF other
trustees. by the extent Of their lawful
authority ana the good faith with which
they have Executed it, so man in his
individual right can lawfully demand and |
insist upon conduct by others which |
viii lead To an injury 10 third persons /
lawful rights. The railroads carrying /
the mails and intcrs ate commerce have /
a right 10 the service of each of it's en- |
ployes until each lawfully chooses 10
the part OF others to demand or insist.
under any effective penalty or threat
upon their quitting. 70 the injury Of the
mail service or tie prompt transportation
or interstate commerce. is n conspiracy, |
unless such demand or insistence rs pur-
suant Of a lawful authority conferred
upon them by the men themselves. and
Is made in good faith in the execution |
sistence. under effective pcnslty or threat
ana INJURY TO the transportation of the
mails or interstate commerce being
proven. the burden falls unOu those max (
ng the demand or insstencc 20 show
awful authority and good faith in its
execution.
We entirely concur in all Judge Gross
up said until he reached near the end
II the paragraph TO the point where he
Uses the language, unless such demand
'r insistance is pursuant Of a lawful
iuthority,' etc. What we shall say on a
urther extract from the charge will
Illustrate our objection to the PASSAGE
with those words
The Judge then adds the following:
Let me illustrate: Twelve carrcnters
IRE engaged in building a house Aside
rom contract regulations, they each can
lult al pleasure. \ thirteenth and folr-
zenith man, strangers u them. bv con ,
crted threats Of holding them up 10
,uDlc Odlum or private malice ipduce
mem TO quit ana leave the house I'M Z
nlsncd. The latter i'm no sense rruresanf =
ne former or their wishes but are sim,
ny intcrlopcrs for mischief and are d
hlty oi conspiracy against the employer e
I the carpenters
lie is right ~ this also. But he then +
oes on TO add the following: "
But If upon trial for such results. they g
|
ley are the trustees. agents, or leaders -
the twelve, with full power 10 deter
me Tor them whether their wage is O
lCh mat they ought to continue or quit. ,
nQ That they have in good faith deter
llned that qestion, they are not, then, so c
.r as the law goes. cOnspirators q
Hut II II should further appear that y
ne supposed authority was used not in :,
ne interest of the twelve. but to further u
personal ambition or malice of the two. L
would no longer justify their con- u
net Doing thing under cloak # au-
lority is not doing il with authority j.
he injury Of the two 10 the cuolover
such an instance would Dc only argr8-
ited by their trcacAcry % the associated
we've, and both employer and employees g
station OF the law N
We entirely agree with judge Gross I'm
- in the second OF these two paragranbs I'll
ST quoted. The second case no nuts &C. d.
e in which authority IS abused for
rrupt purpose. But what we want IN
mark on is the first of the two para
apis last quoted We take issue with
dge Grosscup when he says that the y,
ton OF the trustees Of labor unions Al
+ walking delegates, i'm eiTect-who have to
IN given authority by It's members ~
determine for them whether their ri
&c IS such that they ought 70 continue pc
quit is necessarily an innocent act pa
m If they have acted in good faith H.
Yards those whom they represent. We alb
list that their action may be a breach G3i
Ia" ana common right. even though ic
y ala what they believed was for the pe.
I interests Of those behind them. i
mere las been vast amount Of con- ca
'efSy on what ought TO be the law ri,
ernins agreements Of this character err
those controversies are now con- VII
ied as put at iost by a nnal decision he
&c by all the Judges Of England in a Tn,
mi case that was argued before ord
n IN successive tribunals many times Wal
me hrst minds Of the country, ana y
law is settled TO be this: mel
80 or moro mo, 49,. pan
,ar % may Cchsplre to- whC
'er 10 do ~ other man an injury. and ext
heir action may be no breach OF the nal
VI Oh common right. Thus: A has a Of