The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-07-11
guilty of an offense against the United
States.
What Constitutes Conspiracy.


What constitutes conspiracy to hinder
or obstruct the mails will be touched
upon in connection with the subject to
which 1 now call your attention The
constitution places the regulation of
commerce between the several. states
and between the states and foreign ma
ltions within the keeping of the United
States government. Anything which
is designed to be transported for COM
mercial purposes from one state to an
other and is actually in transit, and
tany passenger who is actually engaged
in any such interstate commercial
transaction and any car or carriage
actually transporting OF engaged in
transporting such passenger or agencies
land subject matter of interstate COM
merce and any conspiracy in restraint
lof such trade or commerce is an offense
against the United States.
ITO restrain is to prohibit, limit, con-
line or abridge thing; the restraint
may be permanent or temporary; it
may be intended to prohibit, limit or
abridge for all time or for a day only.
The law draws no distinction in this
respect. Commerce of this character is
intended to be free, except when sub
lJect to regulations by law at all times
and for all periods. Temporary res
traint is, therefore, as intolerabIe as
permanent and practical restraint by
actual physical interference as criminal
as that which flows from the arrange
ments and organization. Any physical
interference, therefore, which has the
| effect Of restraining any passenger car
or thing constituting an element of in
terstate commerce forms the founda-
ton for this offense.
But to complete this offense, as also
that of conspiracy to obstruct the
mails there must exist in addition to
the resolve purpose, intent of criminal
conspiracy. If it shall appear that two
or more persons wrongly agreed with
each other that the trains carrying the
mails and interstate commerce should
be forcibly arrested, obstructed and re-
strained, such would clearly constitute
a conspiracy.
! Right of Labor to Organize.
eff it shall appear to you two or
more persons corruptly or wrongfully
agreed with each other that the en-
ployeeS of the several railroads carry
! ing the mails and interstate commerce
should quit, and that successors should
/ by threats, intimidation or influence be
prevented from taking their places
such would constitute a conspiracy.
recognize, however, the, right of labor
! to organize. Each man, in America, is
a free man, and so long as he does not
! interfere with the rights of others he
has the right 10 do with that which is
his what he pleases.
/ In the highest sense a mans arm
/ is his own, and aside from contract re-
! lations, no one hut he can direct if
when it shall be raised to work or shall
be dropped to rest. The individual op-
ton to work or to quit is the imperish-
able right of a free man, but the rails
ing or dropping Of the arm is the re-
J suit of a will that resides in their
brains. much as we may desire that
such will should remain entirely indie
pendent. there is no mandate of law
which prevents their association with
J others and response to a higher will.
The individual may find himself alone
unequal to cope with the conditions
that confront him, or unable to COM
prehend the myriad of considerations of
! thought to control his conduct He is
entitled to the highest wage the STRAIT
egg of work or cessation from work
may bring, and the limitations upon his
intelligence and opportunities may be
such that he does not choose to stand
upon his own perception of strategic
or other conditions His right to choose
q leader, who observes, thinks and
wills for him. brain skilled to OBJ
serve his interests no greater pre-
tention than that which is recognized
in every other department of industry.
So far. and within reasonable limits,
associations of this character are not
only lawful, but are, in my judgment,
beneficial when they do not restrain in
dividual liberty and are under en-
hghtened, conscientious leadership.
Subject to the Same Laws.
but they are subject to the same
H. -, VI.
erS, to whom are given the vast power
of judging and acting for the members,
are simply, within that respect. their
trustees, and their conduct must be
judged like that of other trustees, by
the extent of their lawful authority and
the good faith with which they have
executed it. 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.
1.-THE railroads carrying the mails and
interstate commerce have a 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 demand or insist, under any effective
penalty or threat, upon their quitting,
to the injury Of the mail service or the
complete transportation of interstate
commerce, is 8. conspiracy, unless such
demand or insistence is in pursuance of
a lawful authority conferred upon them
by the men themselves, and is made in
good faith in the execution of such au-
Ithority 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 insistence to
show lawful authority and good faith in
its execution.
An Illustration.
LET me illustrate:
Twelve carpenters are engaged in
building a house Aside from contract
regulations, they each 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 to quit and
leave the house unfinished. The latter
in no sense represent the former or
their wishes, but are simply interlopers
for mischief, and are guilty of conspir-
acy against the employer of the car
penters.
But, if upon a trial for such results,
they prove that instead of being
strangers 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 con-
tinue or quit, and they have in good
faith determined that question, they
are not then, so far as the law goes
conspirators.
But if it should further appear that
the supposed authority was used not in
or leaders of the twelve. with full power
Their a personal ambition or malice of
The two, it would no longer justify
their conduct. Doing a thing under
cloak of authority is not doing it with
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