The Republican. [volume] (Oakland, Md.) 1877-current, 1894-07-12

agreed with each other that the employees
of the several railroads carrying the
mails and interstate commerce should
quit, and that successors should, by
threats, intimidation or violence be pre-
vented from taking their places, such
would constitute a conspiracy.
81 recognize, however, the right Of
labor to organize. Each man in America
Is free man and so long as he does not
interfere with the rights of others he
has the right to do with that which is
his what he pleases. He is entitled to
the highest wage that the strategy 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 condi-
tions. His right to choose a leader, one
who observes, thinks and wills for him,
brain skilled to observe his interest. is
no greater pretention 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
judgment, beneficial when they do not re-
strain individual liberty and are under
enlightened and conscientious leadership
But they are subject to the same
laws as other associations. The leaders
to whom are given the vast power Of
judging and acting for the members are
simply, III that respect, their trustees
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 de-
mand and insist upon conduct by Others
which will lead to an injury to third
persons lawful rights The railroads
carrying the mails and interstate COM
merce 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 prompt trans
pOrtatlOn OF interstate commerce. is
conspiracy, unless such demand or in
slStence 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 authority.
The demand and insistence under effect
i've 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
sistence to show lawful authority and
good faith in its execution.
Let me illustrate: Twelve carpen-
tiers are engaged in building a house.
Aside from contract regulations, they
each can quit at pleasure. A thirteenth
and fourteenth man, strangers to them,
by concerted threats Of holding them I'D
to public odium sor private malice, in
duce them to quit and leave the house
unfinished. The latter in no sense rep
resent the former or their wishes, but
are simply interlopers for mischief and
are guilty OF conspiracy against the
employer of the carpenters.
But II upon a trial for such results
they prove that instead of being stran-
gers they are trustees, agents or leaders
of the twelve, with full power to deter
mine for them whether their wage is
such that they ought to continue or quit.
and that they have in good faith deter
mined that question, they are Vt then.
so far as the law goes, conspirators.
But if it should further appear that
the supposed authority was used not in
the interests of the twelve, it would no
longer Justify their conduct. Doing a
thing under cloak of authority is not
doing 1t with authority. The injury of
the TWO to the employer in such an in
stance would only be aggravated by
their treachery to the associated twelve,
and both employer and employees should
with equal lnSlstance ask for the vista
ton Of the law.
of 1t appears to you, therefore, apply
ing the illustration to the occurrences
that will no ,1,G11C1,t to ot+
that any two or more persons, by con-
cert, insisted or demanded under effec-
tive 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 act as strangers to these men.
or whether they did them under the
gUise Of trustees or leaders of an associ-
alton to which these men belonged. And
If the latter appears, you may inquire
whether their acts and conduct in that
respect were i'll faithful and conscientious
execution of their supposed authority.
or were simply a use Of that authority
as guise to advance personal ambition
or satisfy private malice. There ia hon
est leadership among these our laboring
fellow-citizens, and there is doubtless
dishonest leadership. You should not
brand any act of leadership as done dis
honestly or in bad faith unless it clearly
SO appears. But if it does so appear, if
any person is shown to have betrayed
the trust Of these toiling men, and their
acts fall within the definition of crime
as have given it to you, it is alike the
interest, the pleasure and the duty of
every citizen to bring them to swift and
heavy punishment.
81 wish again, in conclusion, to i'm
press upon you the fact that the present
emergency is to vindicate law. if no
one has violated the law under the rules
| have laid down, it needs no vindica-
ton; but if there has been such viola
lions, there should be uuick, prompt and
adequate indictment.
Il confess that the problems which
are made the occasion or pretext for the
present disturbances have not received
the consideration they deserve 1t is
our duty as citizens to take them up and
by candid and courageous discussion as
certain what wrongs exist and what
remedies can be applied. But neither
the existence of such problems nor the
neglect Of the public hitherto to ade-
quately consider them justifies the vio-
lation OF law, or the bringing on of gen
eral lawlessness. Let us first restore
peace and punish the offenders of the
law and then the atmosphere will be