The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-07-11

restraint is. therefore. as intolerahle as
permanent. and practical restraint hy
PHYSICAL lnterferenee Is as criminal as that
which dows from arrangement and orsan-
ization- Any physical interfereace. there
lore, which has the effect Of restraining
any passenger. car or thing eonstltnrjnr ?
an element OF interstate commerce. forms
the foundation for this offense.
but 10 complete these ofFenses also
tnaf OF conspiracy 70 obstract the mails,
there must exist. in addition to the re-
solve. purpose or intent OF criminal con-
spiracy- II it shall appea- 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 restrained, such
would clearly constitute conspiracy II
u shail appear 10 you that the employees
OF several roads carrying the mails and
interstate commerce had Quit, and tina;
their successors should. by threats. intimi-
dstion or influence, be prevented from
taxing their places. such would constitute
conspiracy
Il recognize however. the right of labor
TO organize. Each man in America is q
free man, and so long as he does not inter
feTe with the rights of others he has a
rignt 10 DO what he pleases with that
witch IS his own. In the highest sense, a
man's s arm Is his own. aud. aside from con-
tract relations. no one but h inlseIf can di-
rect when II shall be raised To work or
shall be dropped 10 rest. The individual
option 10 work or TO quit is the imperish-
aOie right OF free man. But the raising
or dropping of the arm is tue result of a
VIII that resides in the brain, and much
as we may desire that such Will should re-
main entirely independent, there is no
mandate OF law which prevents It's
association with others, and response
TO higher Will. The individual may
feel himself unequal 10 cope alone with
the conditions that confront him or un-
able 10 comprehend the myriad considera-
tons that ought to control his conduct
de Is entitled TO the highest wages that
the strategy 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 leader
who observes. thinks and wills for him, a
brain skilled TO observe his interest, is no
greater pretension than 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. beneti-
cial when they do not restrain individual
liberty and are under enlightened and con-
scientious leadership. But they are sub
1ect to the same laws as other associations.
The leaders. TO whom are given the vast
power of Judging and acting for the mem
bers. are simply within 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 law
fully demand and insist upon conduct by
Others which will lead TO an injury 10 third
PERSONS lawful rights The railroads. car
rying the mails and interstate commerce
have right to the service of each OF their
employees until he lawfully chooses to quit,
and concerted action upon the part of 9TH
ers to demand or insist, under any effective
penalty or threat, upon their quitting, to
the Injury of the mail service or The COM
plete transportation of interstate COM
merce. Is conspiracy, unless such de-
mand or instance Is in pursuance OF a law
ful authority conferred upon them by the
men themselves. and is made in good faith
in the execution of such action. The
demand and insistence, under effective
penalty. and threat aud injury 20 the trans
portation of the mails or interstate
commerce being proven, tho burden falls
upon those making the demand or insist
ence to show lawful authority and good
faith in its execution. Let me illustrate:
Twelve carpenters are engaged in building
=
they each can quit at pleasure. A thir-
teenth 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 repre-
sent 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 trial
60 speh raarlfs fbHw 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 continue or quit and they have
in good faith determined that question.
they are not then. so far as the law goes.
conspirators. But if il should further ap-
pear that the supposed authority was
used, not in the interests OF the twelve, but
to further personal ambition or malice
OF the two, it would no longer justify
their conduct. Doing thing under the
cloak of authority IS not doing IL with
authority The injury Of the two TO the
employer in such an instance would only
be aggravated by their treachery to the
associated twelve, and both employees
and employer should with equal in
sistence ask the vindication OF the
law. fit appears, therefore. applying the
illustration TO the occurrences that will be
brought TO our attention, that two or more
persons. by concert, insisted or demanded,
under effective penalties and threats. upon
men quitting their employment, TO the
obstruction of the mails or interstate COM
merce, you may inquire whether they did
these acts as strangers 10 these men, or
whether they did them under the guise OF
trustees and leaders of an association 10
which these men belonged. And If the lat
ter appears you may inquire whether their
acts and conduct in that respect were IN
faithful and conscientious execution OF
their supposed authority, or were simply
use Of that authority as gutse 10 adyance
personal ambition, or to satisfy private
malice. There is honest leadership among
those leading their fellow citizens. and
there is doubtless dishonest leadership.
You should not brand any action OF lead
ership as dishonest or in bad faith unless
il clearly 50 appears. But II IL does 50 an
near II any person is shown TO have be-
trayed the trust of these toiltng men, and
their acts fall within the definition OF a
crime as have given 1t TO you, II IS alike
the interest, the pleasure and the duty OF
every citizen 10 bring them 10 swift and
heavy punishment
~ wish again, in conclusion, 10 impress
upon you the fact that the present emer-
gencv is to vindicate the law. III no one
has violated the Law under the rules
have laid down. 10 needs no vsadleatlon;
but il there has been such violation there
should be quick, prompt and adequate IN
dictment | confess that the problems
which are made the occasion or prete1t
for the present disturbances have not re-
ceived the consideration thev deserve. II
is our duty as citiEens TO take them up
and. by candid and courageous discussion.
ascertain what wrongs exist and what
remedies should be applied But neither the
existence Of such problems nor the neglect
OF the public hitherto to adequately con-
sider them justines the violation OF law
or the bringing on OF general lawiessness-