The Montgomery advertiser., 1904-05-10
JUDGE JONES HANDS DOWN
 A LABOR UNION OPINION

AI d .lenBtny OpiHIOH HACu yCStSA0aJ by Judge Thomas c. Jones of Mont gomery in the United States Circuit Court for the Northern district of Ala- bama at Birmingham, 1t is held that the right to form a labor union Is not one which pertains to a citizen of the United States, as such, but belongs to him solely as a citizen of the State.
 The case is that of B. L. Greer against Charles doore and others in which Greer accused several persons of assailing him in Jefferson county for establishing a local union of the United Mine Workers.
 The opinion of Judge Jones is as follows:
 In the Circuit Court of the United
 States. for the Southern Division of
 the Northern District of Alabama. The United States vs Charles Moore, ct al:
 The indictment. found under Section 550s of the Revised Statutes, contain ed two counts. The first charged that the defendants, Charles Moore, Will liam Ballinger. John Chance. George DeIsoach, Luther Rayburn and Sterling Shores conspired to injure, oppress and intimidate one B. L. Greer, a citizen of the United States. to prevent the free exercise and enjoyment by him of right or privilege secured to him by the constitution and laws of the United States. to-wit, the right and privilege of establishing, organizing and perfecting local union of the United Mine Workers of America, at Empire. in the county of Walker and State of Alabama" and that in pur- suance of the conspiracy. and to effect its object. the defendants unlawfully assaulted and beat said Greer, etc. The second count charges a conspiracy among defendants to injure. oppress and threaten said Greer flor having, and because of his having exercised the right and privilege" named. setting 1t forth as described in the first count, and that, in the execution of the con- spiracy and to effect its object, the defendants unlawfully. and with mall ice aforethought. assaulted said Greer with intent to murder him. by shoot ing at him with pistol, etc.
 The defendants demurred, substan- tially on the following grounds:
 1. Because 1t appears from the in- dictment that the right or privilege claimed, Is not secured to said Greer as citizen of the United States by the constitution and laws thereof. and that said conspiracy and assault did not violate any privilege or immunity of citizen of the United States. ?. The indictment shows that no of. fcuse was committed against the crim. inal laws of the United States, but only an offense against the laws of tho State of Alabama.
 3. The indictment shows that thi, court has no Jurisdiction to try anC punish the offense set forth
 Walker Percy and W. l. Grubb, fol dafandnnf0 Attorney. and N. L. Steele, assistant district attorney for the United States Decided May 6, 1904.
 Jones. District Judge.
 Unquestionably. the right of a citi
 zen to organize miners, artisans, la borers, or persons in any pursuit, a, well as the right of individuals in suct callings to unite. for their own i'm provement, and advancement. or fo, any other lawful purpose is a funda
 mental right of citizen, protected fl every free government worthy of tn, same. The only issue this case pre-
 sents Is, to what government. under oul complex institutions, Is committed tn, duty to protect that right?
 In ascertaining the privileges or i'm
 munities of citizens of the United
 States, and the rights which pertain 10 the citizen of the State as such, ant to what governments respectively theil protection Is committed, we must con suit the history of our institutions. Al
 well as the language of the consti
 tuition. All well informed person, Know that our ancestors brought witt them from England traditionary priv leges. personal and political rights which had been gained in struggles between Commons and King, confirmed py repeated acts of Parliament anC Judicial decisions. and so long acuuies ced In, that, In time. they finally be came the accepted maxims of govern ment which constitute the British con stitution. The Revolution deprived tn, people of the Colonies of none of thes, rights, but put them more directly fl their own keeping. Their painful ex perience with the helplessness and in. eficiency of the government under th, articles of Confederation, convinced the people that their welfare and han piness would be best subserved b, committing some of their powers rights and liberties. to a new govern
 ment, which, as to such matters should pc supreme and Independent of tn, states. Accordingly, the people of tn, united States, acting through theiI several State conventions, created th, government of the United States. witl all needful power to conduct their af Iairs with 'NcSer nations, to regulat, the rights of the States, and the right, Of citizens of different States, as amons themselves and with the general gov, ernment and as to some other matter, or common concern to the people, ant committed to the new government all their powers, rights and liberties a, to those carefully enumerated matters, specified in the constitution o the United States, and reserved all tn, other rights, powers and liberties. there tefore enjoyed by the people of the States, to the keeping and protection oi the State governments, which remained ofter the adoption of the constitution. n. trey were before. sovereign as to them As there was much apprehension in the conventions which ratified the constitu. tion. which contained DO bill of rights that the rights of the States and of the people would be unduly trenched upon by the general government, the first Con- gress proposed ten amendments. The resolutions submitting them, reciting that the conventions of a number of States having, at the time of their adopting the