Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-15
ali tn. requisite legislation

70 PUNISH lot contempt uTt tstiDitHHt'
by the constitution equally with tn
right OF trial BY jury. and so long al
there Is no attempt 10 extend turisdic
tion over subjects not properly cogniza'
BILE IN equity, there can be no ground
for the objection that tho right or jury
trial has been taken away. The same
net may constitute a contempt and q
crime, but the contempt IL one thing,
the crime another, and the punishment
for one IL not n duplication OF the pun
ishnent OF the other. The contempt
can be tried and punished only by me
court while the charge OF crime can b.
tried only by jury.
Judge Woods. referring TO the posi-
tion Of the defendants In respect to the
act OF July 2, 1890. that II Is directed
at capital at dangers supposed 10 re-
6ult from vast aggregations OF capital
and not OF force and violence. wholly
against trusts and not at organiza lions
OF labor In any FORM" said; at Is clear
that a further ana more comprehensive
purpose came TO be entertained and
was embodied IN the final form Of the
enactment. Combinations are con-
demned not only when they take the
form of trusts, but In whatever form
found. II they be In restraint Of trade.
That ls the effect OF the words or 9TH
ererwise.'
~ have no doubt but that this stat
ute In so far as It Is directed against
contracts or combinations In the form
OF trusts, or In any form OF a 'contrac-
tuai character should be limited to
contracts and combinations, such, Ia
their general characteristics as the
courts have declared unlawful. But to
put any such limitation upon the word
conspiracy IN neither necessary nor, as
j think, permissible. To do no would
deprive the word Of all Significance.
Any proposed restraint Of trade. al
though II be In itself Innocent II II Is
20 be accomplished by conspiracy Is
unlawful
That this case is one OF an equitable
character is clear, and. as I under
stand. has not been questioned by coun-.
nel--their contention being that neith-
er by this statute nor upon general
principles If the case In the jurisdic-
tion OF Federal court.
Excepting the case OF the United
tstates VS. Patterson. know OF no rul-
ing Inconsistent with the Jurisdiction
herein exercised.
In the case OF Phelan. who Ia
charged with contempt OF the United
Staroa circuit court at Cincinnati grow
tng OF last summers strike. and In
volvlng facts essentially Identical with
the facts OF this case, Judge Taft de-
ciarN1 That combination to be In the
teeth OF the act OF July 2. 1890, and af-
ter quoting from the act and referring
60 tho rulings OF other Judges. In nu.
cord with hls own Views, said n din
Ont view has been taken by Judge
Futnln IN the case OF tho United States
Va. Patterson, % Federal, sos. but af-
Ter consideration, Judge Llirton and
I cannot concur with the reason or
nhnt learned Judge"
The fact that It was the purpose of
Debs, Phelan and their assoclates 10
par0lyza the Interstate commerce OF
sais country 10 shown conclusively In
tlils case ana Is known OF ali men,
uheretoro their combination was for
M unlawful purpose and is a oonsplra-
oy within the statute cited.
Then the facts OF this caae aug
Ennt Illustrations OF the improprlcty
as well as inconsistency OF putting up
on inc statute the restrictive cunstruc-
ton proposed. IL. for example. tho
manufacturers OF other plecplnq oars
~ their own interest. should enilai
the br1kemen and awitchmen, or 9TH
ef employees of the railroad, either In
ulVbdually or In associated bodies. In
g conspiracy to prevent or restrain
nc use OF Pullman sleepers by re-
rusing to move them. by secretly nm
coupling or by other means abusing
Nhe'n' tAe monopoliatlc character of tho |
conspiracy would be- SO evident thnt
even on the theory that the statute Ia
alhed Oh contracts or combinations in
.onuon 10 enEross or mnnopolize the
tnnt
onense ought 90 be puishabIe' nut ir
IN such case the ofloers or \ genis
VI lhc car companies who nlght ar
mnlNht not be capitalists, would be In.
u,v.puhlly responaible for violating the
49, 49,, upun what principle could the
nIainen or swilchmeu be eNenot?
van Wortmcn or II you viii moor
.hvhs py themselves, upon their nu,r |
houon and for their own ntu.noso,,
MhStRer aNowed or secret do tbinrs /
iorplIden by the statute, without crl,n- |
. I'M tesponaloillty and yet be orimin-
done at the instance and 10 t.-,,rn3s Z
Nhe purposes OF ofheraf or win ~ r. /
sHld. lhat under this statute ono yyho |
rs not capitalist may without erimln.
MY ASSIST ohpitalists in the doif,r ~ 4
ntnss which ON their part are grim. /
. AVA ~ mat oe so. then II a capitalist /
ahd one who Is not capNnbst tnin /
m me doing OF things forbidden hv ibIa
htatute' neither can be punlshei hr,
ohuse one alone cannot DO gully "a, I
conspiracy, hN''S OF 4
nhe persistent EFFORT OF he IA .
.ehuauts as the proof shows. was IA .
~, une railroad eomphnies-the larg.
ono,.s y, 'u'lista OF The c9untry-to co
operhte, or at least to acouieaco q, = {
eSaeme 10 stop the use Of pni,nto,,
serpefs, and for time they haI ~
obiVtheht or u MANAGER ana otba, [
" s Of one road u quit tho uss ~
Vle OBNOXIOUS cars. ana perhsns
Sualihed submission OF the ofle'rs %
another road or two 10 the nnn,o diete
nohi ueeh the guilt or lnnocrnc, 81 de
usisnuanta OF the charge OF conspir,,rv
unuef thls statute depend on Inc nraor
.neIs made OF their success In drnv,inc
70 the support OF tihtdr denien tbnse
, VINO may be called capitalize. or aocs
y depend on the character az tbo AZ,
sisn user and upon what hag hon
uohe toward It's Accomplishments nv
themselves and by thoss lnvoluntn M,
~ cooperation with them from what
srvr employment or walk In ilreq
nave not failed. I think a. nnnra
STATE the just force OF tho ar,,,,nant
we contrary o. my opinIon--it ms sam, y"
tilnes entangied me in doubt-.hut mn.
eon ,n is clear that under Inc nr,
OF 1870 uhe court has Iurlsdloti N n M
use ~. presented IN the application AMI
mn the Injunction granted was nn,
reason Invalid. 'V' iV' any
his brings me to the ouestion 40
injunotlonf ''oNte mo
rheir conduct Is only in ouea,lon
aha uhelr admissions are quoted M