Evening star., 1898-12-19
Judge Bradley Overrules the Demurrer
in Local Case,
KNIGHTS OF LABOR DEFENDANTS
Alleged Violation of Act to Protect
Trade and Commerce.
THE COURTS OPINION

nent IN the knights OF Labor conspiracy
case stating that against such combinations
as that alleged in the indictment the in
jured Individual is at great disadvantage
and requires the protection of the law. Ar
guments in connection with the demurrer
were made last week. Messrs. Jere Wilson
and j. H. Ralston representing the defend
ants and District Attorney Davis and As
sistant District Attorney Baker the govern
ment
The offense charged is n violation of an
act entitled An act to protect trade and
commerce against unlawful restraints and
monopolies, approved July ., 1890, the in
dicted men being Joseph p. Fenton, Will
liam T. Gosnell, Thomas P. P.ODay James Nc
lver, Charles A. Maidens, John l.. Neeb
Hugh Digney, Michael Cuff, Alonzo NJ
Lawson. James +. Maara and Stephen A.
Clements. The specific offense charged is
conspiracy to injure the business of Charles
Z. Walter, trading 'l;s!cr The name of Will
liam Walters Sons
Among other things i. was alleged in the
indictment that Febr.a-.,' - last Local AS
sembly No. 1896, r.. Of l.. declared Walter
unfair for not bulldog certain wagons in
the District of j'o,"rr' ia aud thereafter
F'enton, chairman o1 :ae executive board
wrote Walter acCordih.r v and also that the
assembly had notified I 0lnabtr of his GUS
toners that he had h,.rn declared unfair,
and asked such customers =, vi, hhold their
patronage from Walter .;..s lati received
gratifying replies: and tnat "a :, meeting
held by the assembly IL was decided that
Walter should take the Ng..ons back and
not sell them within the district of Co.
lumbia.
Fails tS Comply.
Walter did nct comply with the demands
of the assembly, according to the ndict-
ment, and the defendants, knowing the
premises, conspired to injure Walters trade
and business. The passage of a resolution
was procured by the District assembly il Is
set forth. declaring Walter unfair, the pas
sage OF a resolution by the local assembly
was procured, requiring certain of Walters
"orkmen, who were all his skilled work
men, at once to cease working for him:
some confederates were caused to call upon
all OF walters customers and others who
might become such, and to demand on he
half of the Knights of Labor and the as
SemDiieS referred to that such persons
should not deal with Walter, and threaten
ing them, IN case of noncompliance with
such demand, with the hostility of the
order and its adverse influence; fair
CARDS We're printed and circulated, omit
ting walter s name from the list prinr ed
thereon, and containing a threat and warn
ing TO those among whom the cards were
circulated, to the effect that failure on
their part to comply with the requirements
or the warming would be followed by the
WlthdraWal of the patronage of the Knights
OF Labor and their friends from such nrr-
sons and from any who dealt with the H.
1t is further charged that letters were
written ana addressed by name to Walters
customers and others, indorsing such fair
cards. calling attention to such cards and
the omission of Walters name therefrom
and stating that Walter had been declared
unfair to organized labor, and by doing
all in their power to prevent Walter from
carrying on his business
In support of Demurrer.
The grounds Snocifia6 IL, c,,pDo,.
demurrer were that the indictment is
drawn under the act of July . 1880. but
that the statute covers the offense of con-
sDiracy in restraint of trade, and the in
d1ctment does not set forth such state of
facts would constitute restraint of trade
within the meaning of that act, or other
wise. 1t was also urged in argument in
support of the demurrer that, If a con-
spiracy to injure an Individual in his trade
or business Were indictable at common law
Congress- in the act in question, had legis-
lated upon the entire subject and thereby
had repealed the common law by implica-
ton.
1t was suggested in argument that prece-
dents of indictments do not recognize the
restraint of the trade of an individual as
an offense a common law but that there
are precedents for conspirng to injure in
dividuals by interfering with their trade"
This indictment not only sets out the con-
spiracy to injure, but it describes the
means and sets out the overt acts, so said
Judge Bradley in overruling the demurrer
The court further stated:
THAT such a conspiracy is misde-
meanor at common law, and indictabie as
such is thoroughly demonstrated by the
most able and exhaustive opinion of Bu-
chanan in state against Buchanan"
COnclusion Reached.
Quoting from and citing many of the old
cases and distinguished law writers, he
reaches this conclusion: BY a course of
decisions running through space of more
than 400 years from the reign of Edward III
to George III, without single conflicting ad-
judication, these points are clearly settled
among others that an indictment will lie
at common law, for malicious cons piracy
to impoverish or ruin third person in his
trade or profession 1t is the common law
in this District by inheritance from the
state of Maryland.
by the demurrer all of the facts, we'll
pleaded in the indictment, We're for its pur-
poses admitted to be true continued Judge
Bradley. Not even the slightest contention
was made in argument that the comb
ton and conspiracy and the acts in further
ance of it alleged were lawful or defensible
That Walter has the right to use his time
and his capital in any legitimate business
and to conduct his business in such man.
ner as suits his pleasure, his interest or his
convenience. without let or hindrance from
tHe uelelluaUlS or any Otner set or cOmDl-
nation of men, cannot be questioned.
ITO say that the attempt by the de-
PENDANTS to control and direct him in the
conduct of his business, to coerce his ac-
ton in the matter of the purchase and dis
position of the wagons, as alleged, and. fail
ing in that the exercise of their combined
power in efforts to compel his workmen
to leave his employ, and by persuasion,
warning and threats of boycott to induce
his customers to take away their work and
abandon his custom, and to prevent others
who might employ him from so doing, was
unlawful, is to mildly characterize such i'm
pertinent, arbitrary and oppressive inter-
ference with the rights and liberty of an
other. and such mischievous and malicious
attempts to injure him. Against such COM
binationS and such acts the injured individ-
ual is at great Disadvantage He requires
the protection of the law. The common law
affords that protection. 1t is adequate
The demurrer is overruled."
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