The evening times., 1896-02-29

1t is very probable that within the next
| few days warrants will be sworn out by
| members OF the Boss Brewers Association
| OF this city for the arrest OF Master work
| man w. II 6 Simmons and other locailabor
leaders who have interested themselves
in the recent brewers strike, on charge
of criminal conspiracy.
Although no formal application for
the warrants has yet been made, Lawyer
Leon Tobrincr, representing Heurich's
Brewing Company, has been in consultation
with the District attorneys office and
it is understood that if sufficient evidence
can be produced to substantiate the charges
the warrants will be issued.
Lawyers H F wooda rd and A. II. Bellalso
represent the boss brewers, and will assist
in pushing the cases.
The allegations On which the charge is
ba sed are that the men for whom the war
rants are to be issued conspired TO injure
the business of the complainants by placing
their names on the unfair list as well a S
the names or those retailers who sell their
| beer, this being an intimation to members
OF labor organizations that they must not
patroniZe them.
THE DECISION REACHED.
1t was decided last Thursday to make an
effort to have the labor leaders arrested,
and institute criminal proceedings against
them. and the attorneys were only waiting
for the "fairlist' to come out.
This was issued today. and as it Is consid-
cred sufficient evidence to make prima-
facie case. IL will probably be presented
to the District attorney Monday.
. II have heard it rumored on the-street
that he boss brewers intended to swear
out warrants charging myself and Others
with criminal conspiracy, said Mr. Sim
mons, but l can't say how true 1t Is. lf
it is true. the brewers must be in sore
need of the trade of the working people
of the District, and consider this con-
fession that their boast of doing as much
business as they ever did as false.
However IL will be well not to try to
cross the bridge before We come TO 1t. l
rather think that everything Will be all
right and that this. like other bluffs on
the part of the boss brewers, will fall
through"
A prominent attorney stated today that
in his opinion there was far better grounds
for an Indictment for conspiracy against
the brewers for the part they have taken
in the recent trouble than there is for
such charge against anyone connected
with the labor organizations for what they
have done in the beer fight.
LAWYER RALSToN's OPINION.
III. Ralston, who has argued the only
two similar cases of conspiracy in the Dis
trict during recent years, was asked for
an opinion regarding the present case.
Il would not like to render an opinion"
said Mr. Ralston, until l know exactly
how the charge will read and what the
nature of the offensc is alleged to be.
The two similar cases of conspiracy were
never carried into effect against the de-
PENDANTS. 1 do not think anything can pe
made out against Mr.. Simmons"
nos. IL a
the one against James C. Callan. 1t was
charge of conspiracy for boycotting.
Callan and others boycotted fellow
musician and were arrested on that count
and tried in the police court, without a
jury, and sentenced to pay fine OF $50
or in default to be committed to thirty
days in jail.
An appeal was taken to the supreme
court of the District, and while the judge
sustained the decision OF the lower courts,
the matter was never pushed any further
and the case allowed to drop. Calian
never paid the fine and was not committed
to Jail.
The second case was the direct charge
of conspiracy. Henry Green and others
were brickga kers, and refused to continue
their work If a certain man was employed.
They were arrested on the grounds of
conspiracy to quit work." as the indict-
ment read.
THE COURTS OPINION.
1t was held for some unassignable rea-
son that while one man might cease work
Whenever he saw fit, if more than one de-
cided to leave their employment 1t was
conspiracy.
This case was also carried to the Su-
preme Court on the ground that no irdict-
ment was presented by the grand jury
on the charge and that the police court
had no Jurisdiction in such 4 case. He had
also been tried without jury.
The higher courts sustained the previous
decision. but no opinion in the ease was
ever handed down which would serve as
guide in future instances.
Green's was made test case. but the
indictment was finally allowed to go and
nothing was afterwards done in the mat
ter.