The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1894-07-14

the keeping OF the United States government
Anything which Is designed 10 DO transported,
for commercial purposes. from one state into
another and Is actually In transit, and any
passenger who Is actually engaged In such in
tcrstatc commercial transaction. and any car
or carriage actually transporting or engaged 10
transport such passenger or thing. are the
agencies and subject matter OF Interstate com
merce; and any conspiracy In restraint OF such
trade or commerce. Is an onense against the
United states.
Commerce Must lie Free.
ITO restrain is 20 prohibit. limit, cognne or
nianent or temporary. IL may be intended 70
prohibit, limit or abridge for all time OF for a
day only The law draws no distinction IN this
respect. Commerce OF this character Is In
tended 10 be free except subject 20 regulation
by law at all times and for all periods. Tenn
porary restraint, therefore Is as intolerahlo as
permanent and practical restraint by actual
physical interference and as criminal a. that
which flows from the arrangements OF business
or organization. Any physical Interference,
therefore. which has the effect Of restraining
any passenger car or thing constituting an ele-
ment OF Interstate commerce, forms the foun-
dalton for this oicnse.
conspiracy 20 obstTuct the mails, there must
exist. IN addition TO the resolve or purpose. tho
element OF criminal conspiracy,
what Il criminal conspiracy? III Il shall APP
pear TO you that any two or more persons cor
ruptly or wronRfully agree with each other
state commerce should be forcibly arrested,
INSTRUCTED and restrained such would clearly
constitute conspiracy. IL IL shall appear 70
you that two or more persons wrongfully
agreed with each othor that the employees Of
the several railroads carrying the mails and
Interstate commerce should quit, and that sue
cessors To them should by threats, intimida-
tlon. or violence be prevented from taking
their places, such would constitute criminal
conspiracy.
Rights OF Labor Defined.
II recognize. however. the right OF labor 20
organize Each man In America Is q freeman.
and so long as he does not Interfere with tho
rights 81 others has the right TO do with thnt
which II his as he plcases In the highest
sense mans arm IN his own. and aside from
contract relations no one but himself can d.
rect when IL shall be raised 10 work or DO
dropped 20 rest. The individual option 10
work or 10 quit IS the imperishable right OF
freeman, but the raising dropping OF tho
arm Is tho result OF will that resides In the
brain and much as We may desire that such
viii should remain entirely independent there
IL no mandate OF law which prevents their as
ISOLATION with others or their responsibility TO
The Individual may feel himself alone UNI
equal 20 cope with the conditions that confront
him. or unable 70 confront the myriad 81 con-
sideratiOns which ought 20 control HIS con-
duct, lie is entitled 10 the highest wage that
the strategy OF work or cessation from work
may bring and the limitations upon intelli-
gencc and opportunities may be such that he
docs not choose 20 stand upon his own pcrcep-
tiOn OF the strategic or other conditions. lis
right 20 choose leader. who serves,
thinks and Wills for him, brain skilled 70 OBJ
serve his nccc sity. Is no greater pretenslon
than that which IS recognized IN every other
department ~ Industry, SO far ana within
reasonable limits associations OF this char
aCtcr are not only not unlawful, but are In my
Judgment beneficial when they do not restrain
individual liberty ana are under enlightened
and conscientious leadership. But they are
subject 20 tho same laws as other associations.
The Responsibilities of Leaders.
"'The leaders 20 whom are given the vast
power OF Judging and acting for the members
are simply in that respect their trustees. Their
conduct must be Judged like that Of other
trustees by the extent OF their lawful author
ity ana she good faith With which they can ex-
ecute IL. No man In his Individual right can
lawfully demand and Insist upon conduct by
others which will lead 10 injury 10 third per-
sons lawful rights.
state commerce have IA right 70 the service OF
each OF their employees and until each lawfully
chooses 70 quit and any concerted action upon
the part of others TO demand or Insist under ef-
fcctivc penalty or threat upon their quitting,
90 the Injury 81 the mail service OF the prompt
transportation on Interstate commerce. Is q
cons piracy unless such demand or insi-tence
Is IN pursuance ~ lawful authority conferred
upon them by the men themselves. and Is made
In good faith In execution Of such authority.
The demand and insistence under effective
penalty or threat, Injury 20 tho transportation
of the malls or Interstate commerce being
proven, the burden falls upon those making
the demand or inSistencc TO show lawful au-
thority ana good faith Ia It's execution
Let me illustratet Twelve carpenters are
building house. Aside from contract rcla-
tlons each can quit az leisure. A thirteenth
and fourteenth man, strangers 20 them by
concerted threats OF holding them up 90 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 conspiracy against the employer
Of the carpenters but IN upon the trial for such
results the thirteenth and fourteenth mon
prove that instead OF being strangers they arc
trustees agents or leaders OF the twelve. with
full power 10 determine for them whether
their wage Is such that they ought 20 continue
FsfflF hat Il.
tcrmiued that question. they are not then. 50
far ns the law goes, consprators. hut II IL
should further appear that the supposed au-
thority was not used IN the interest of the
twelve, hut 20 further personal ambition or
malice ~ the two, II would no longer Justify
their conduct. Doing thing under cloak OF
injury OF the two to the employer In such an
instance would only be aggravated by their
trcachCry 20 the associated twelve. and both
employer and employees should with equal In
sistence ask for the visitation OF the law
How 10 Determine Guilt.
III Il appears 10 you. therefore. applying the
illustration To the occurrences that win 10
brought 10 your attention. that any two or
more persons by concert insisted or demanded
under effective penalties and threats upon
men quitting the employment Of the railroads
10 the 81 struction 81 the mails or Interstate
commerce, YOU may inquire whether thov did
these nets as strangers 20 these mon advised 20
quit. or whether they did them under the
guisc ~ trustees or leaders OF an association
10 which these men belonged; and II the latter
appears you may inquire whether their acts and
conduct IN that respect we're Ia good faith and
IN conscientious execution of their supposed
authority, or were simply the use Of that au-
thorltv as guise 20 advance personal ambi-
tion or satisfy pride or malice.
There Is honest leadership among these. our
laboring fellow itil cns and there h doubtless
dishonest leadership. You should not brand
any act 81 leadership as dishonest or ia bad
faith unless Il clearly appears but N II does
appear n any person Is shown 20 have bc-
trnyed that trust, ana his acts fall within the
definition ~ crime as have given IL 10 YOU, u
rs allie the interest and pleasure and tho duty
~ every citizen To bring him 20 swift aud
heavy punishment
wish ngain. IN conclusion. to impress upon
sou tho fact that the present emergency a 20
vindicutc law II no one has violated the law
under the rules have laid down. ID needs no
Nindicatlon but N there has been such viola
tion there should he quick, prompt and ado-
quntc indictment.
- confess that the problems which were
made the occasion or pretcx for our present
disturbances have not received perhaps the
consideration they deserve. 10 n our duty as
citizens 20 take them up and. By candid and
courageous discussion, 20 ascertain what
wrongs exist and what remedies can he np-
piled. But neither the existence 81 such prob
lens nor the neglect OF the public hitherto 20
-. 80