The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-04-18
SOLICITOR THURMOND'S
VIEWS ON LOOKOUT.
THINKS MILL OFFICIALS ARE LIABLE
FOR CONSPIRACY.
In Criminal md Civil Courts--ssys Mills
Have Combined to Coerce Their "per-
atIves to Coerce the Augusta strikers.
THE State 18th.

The lockout of the operatives ID
certain South Carolina mills and IN
Augusta as means of forcing the
strikers in the King mill OF Augusta
TO return to work, has aroused much
interest. Solicitor Thurmond on
being appealed to by some OF the
operatives locked out has made the
following response which he furnish
es to The State for publication.
My opinion on the lockout is this;
The legal doctrine applicable to
employers is we'll settled by judicial
decisions and the best authority
"The relation of employer and en-
ploye justi6es acts that are the ma
tural incident or outgrowth OF such
relation, whether or not done with
direct intent to injure the employ
er or the employee"
What caused the lockout IN Horse
Creek valleys A strike by the oper'
ati7es at the John ?. King mill IN
Augusta for ten Go per cent? IN
crease in wages.
So the lockout is not due to any
act or acts that are the natural IN
cidents and outgrowth of the relation
existing between the mills in Horse
Creek valley and the operatives but
to the contrary, the operatives are
performing their part of the con-
tract with the mills, we'll and salts
factorily. So the lockout did not
arise out of the relation OF employer
and employe by any act or acts on
the part of the employe. The mills
are trying to coerce their operatives
to coerce the operatives of the John
P. King mill to return to their work
st the former rate of wages, and for
this purpose have combined and
conspired against the operatives OF
their own mills, to injure them IN
order to benefit tle John ?. King
mill.
Now, what is the law? Go back
to the doctrine I have already an
ounced and sec what the highest
tribunals in this country and En-
gland say about it. They say
"The injurious act or acts OF the en-
ployer must be for his own beneht
and for the advantage of his own bus
iness," if they aim at anything else
they are unlawful.
The employers of Horse Creek val
lev are liable on the criminal side
Of the court for criminal conspiracy.
They have induced those people to
90 there to work at a certain price,
the operatives are doing their duty
and in order to make an exhibition
of their great strength and power
} which were given them by the hon.
est labor of these same operatives,
the mills have turned whole families
ont of the mills with no means OF
| support.
A conspiracy is combination OF
two or more persons to do an unlaW-
ful act or to do a lawful act IN an
unlawful way. It has been repeat
edly held and it is sound law, that
, a conspiracy to deprive another OF
his liberty or property is criminal
, conspiracy; and it has also been held
r and the doctrine is universally &C.
cepted, that property includes bus
mess, calling, etc. Hence a conspl-
, racy to deprive those operatives OF
! their business, their vocation, is an
{ unlawful conspiracy, and every man
D concerned in it is guilty of crime.
In my opinion on the civil side OF
the court, the mills in that conspl-
rscy may be enjoined from con-
tinuance of that lockout.
The legislature has been very kind
to cotton mills, and has granted
them many fsvors, but it will GER
b tainly resent such unlawful, lnhu-
n man treatment to the citizenship OF
# of this State, as the operatives OF
e Horse Creek valley are now subJec'
J. ted to.