The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-06-27

Judge +. w. Gunster yesterday de-
clared unconsti' '"nal the act of the
legislature of June 4, 1897 known as
the Conspiracy act" which was in
tended to protect employees of cor
poratlons In their right to form, Join
or belong to labor organizations by
prescribing penalties for any interfer-
ence herewith"
George Clarke, a foreman for Hunt
&c Connell, was indicted under this act
at the instance of Lewis A. Mack, who
alleged that he was discharged by
Clarke because he belonged to a labor
union.
When the case came UP for trial a
motion was made to quash the indict-
ment on the ground that the act was
unconstitutional.
The matter was argued at the last
term of argument court and yesterday
Judge Gunster handed down his opin-
ion declaring the act unconstitutional
and making absolute the rule to quash
the indictment. The opinion is as fol-
lows:
JUDGES OPINION.
Many reasons have been assigned in
support of this rule. Many of them are
under which the indictment is drawn.
We do not think it necessary to con-
slider all of them The indictment Is
drawn under the act of June 4, 1897 p.
l., llj, entitled IAN act to protect em-
ployes of corporations in their right to
form, Join or belong to labor organiza-
tions by prescribing penalties for any In
reference herewith"
1t is n fundamental principle of our
government, firmly engrafted on the con-
stitution by the fourteenth amendment
that no state shall deny to any person
within its jurisdiction the equal protec-
ton Of the law. The act in question af-
| fords no protection whatever to the en-
| ploye OF the individual or firm or limited
partnership. On the contrary while the
employe of a corporation, under its pro-
visions, may freely form, join or belong
to any lawful labor organization, his
neighbor engaged in the same occupation
| or trade when employed by an indi-
vidual or firm, may be as freely banished
| for doing the same thing
| The word liberty as used in our con-
stitutional declarations means more than
freedom of locomotion. 1t includes and
comprehends among other things freedom
of speech, the right OF self defense
against unlawful violence, the right to
live and work where he will. TO earn his
| livelihood in any lawful calling, to pursue
any lawful trade or avocation, and "a
| freely buy and sell as others may. Story
on Constitution, 5th ed, sec. 1890, and, II
may be added, to employ and discharge
whomsover you will for reasons that are
satisfactory to yourself Commonwealth
vs.. Brown, s Superior Court Reports SS9
is a case bearing upon this question, and
is we'll worth careful studying.
A SPECIAL LAW.
But the question need not be decided
on these well established principles The
act OF assembly under consideration Is ir
violation Of article 3. section z, of oul
state constitution, which provides that
"the general assembly shall not pass any
local or special law regulating
labor, trade, mining or manufacture" Il
cannot be sustained as police regula
tion. 1t is a special law applicable only
to cases of employees of corporations. The
rule is made absolute.
This opinion is of Importance from
the fact that this was the first prosecu
tion in the state under this act anC
consequently the first time it received {
judicial review.
Smoke the Hotel Jermyn Cigar 10c