The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-07-12


or political authority the open and
active opposition of a number oil per
sons to the execution OF law In city
or state.
"Now, the laws of the United States
forbid, under penalty, any persons
from obstructing or retardlng tne
passage of the mail and 1t makes IL
the duty of the officer to arrest such
offenders aud, bring them before the
court. If, Therefore, it shall appear TO
you that any person or persons nave
wilfully obstructed or retarded the
mails and tn cir attempted arrest Tor
such offense has been opposed by such
a number of persons as would consul
tute a general uprising in that partic-
ular locality and as threatened, tor
the time being, the civil and political
authority, then the fact of an lnsur-
rection within the meaning OF the law
has been established, -.
And, he, who by speech. writing
promises, or other inducements, ASSIST
in setting it on foot or carrying II
along, or gives it aid or comfort, Is
guilty of a violation of the law. lt Is
not necessary that there be blood
shed; it is not necessary that It's dl-
mensions should be potent cause as TO
insure public success to constitute an
insurrection; it is necessary, however,
that the rising should be in opposition
to the execution of the laws OF the
United States, and be so formidable as
for the time being to defy the author
ity of the United States.
when nell gather to resist the civil
or political power of tie United States
or to oppose the execution OF It's
laws and are in such force
that the civil authorities
are inadequate to put them down and
considerable military force is needed
to accomplish the result, they become
insurgents and every person who
knowingly incites. aids or abets them,
no matter whatever his motives may
| be is likewise an insurgent. This pen~
alty is severe and, as l have said, is
designed to protect the government
and its authority against direct attack.
There are other provisions OF law de-
signed to protect these particular
agencies which come within govern
mental control.
ITO these l will now call your atten.
ton. The mails are in the special
keeping of the government and the
laws of the United States. To insure
unhindered transmission it is made an
offense to knowingly and wllfully oD-
struct or retard the passage OF the
mail or any carriage, driver or carrier
carving the same 1t is also pro-
vided that If two or more persons con-
spire together to commit any otfense
against the United States and one or
more of such parties do any act to eff
| feet the object of the conspiracy all
| the parties thereto shall be subject to
penalty. 80
ANY person knowingly and will
fully doirg any act which contributes,
or is calculated to contribute, to OBJ
struct or hinder the mails, or who
| knowingly and wilfully takes a part
in such acts, no matter how trivial his
intention, is guilty of violation of the
first OF these provisions, and any per-
son who conspires alone, or with
other persons, one of whom conse-
uuently commits the otfense, is like
wise guilty of an offense against the
| United States.
"What constitutes conspiracy to
hinder or obstruct the mails will be
touched upon in connection with the
L
tention. The constitution places the
regulation of commerce between the
several states and between the United
States and foreign nations within the
iruling of the United States govern
menG. Anything which is design cd
to be transported for commercial pur-
poses from one state to another and il
actually in transit, and any passenger
who is actually engaged in such intel
state commercial transaction, and any
car or carriage actually transporting
or engaged in transporting such pas
senger or thing, are the agencies and
subject matter of interstate commerce
and any conspiracy in restraint o
such trade or commerce is an otfenst
as ainst the United States.
ITO restrain is to prohibit, limit
confine or abridge thing, 30 the re
straint may be permanent or tempo
rariIv; it may be intended to prohibit
limit or abridge for all time or for !
day only. The law draws no distinc
J ton in this respect. Commerce of thi
character is intended to be free. ex
cept subject to regulations by law q
ali times and for all periods. Tempo
TdTy T6SGldluO 10, UhClOIOIOi D@S iAUoAN
able as permanent and practical re
straint by actual physical interference
!, as criminal as that which flows iron
the arrangements of business and or
, ganization. Any physical interference
therefore, which has the effect of re
straining any passenger car or thini
constituting an element of interstat
commerce forms the foundation TO
these offenses.
"But to complete this offense, as ais
that of conspiracy to obstruct thu
M sils, there must exist in addition t
the esolve or purpose the element q
conspiracy. What is criminal con
spiracy? If it shall appear to 30
that any two or more persons, col
uptly or wrongfully agreed with eac
other that the trains carrying tn
mails and interstate commerce shoul
be forcibly arrested, obstructed an
restrained, such as clearly constitut
a conspiracy; if it shall appear to yo
that two or more persons corruptly
wrongfully agreed with each othe
that the employees of the several raj
roads carrying the mails and inter
state commerce should quit, and tha
successors, by threats, intimidation