The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-18

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lB. (SS E. c. l.. SO 1856 repudiated
the definition given in the tailors' case
referring to what it said in this and
Iother cases as loose expressions He
lsays: 4 cannot bring myself to be-
Ilieve without authority more cogent,
THAT if two workman who sincereIy
believe their wages to be inadequate
lshould meet and agree that they would
mot work unless their wages We're
raised, without designing or contem-
plating violence or any Illegal means
for gaining their object, they would
be guilty of a misdemeanor and liable
to be punished by fine and imprison>
ment The object is not illegal; and
therefore if no illegal means were
fused, there is no indictable conspiracy
The courts have found but little diff
Iculty in adhering to satisfactory and
consistent rulings in those cases
wherein the conspiracy charged is to
commit acts which are criminal anu
Iindictable either at common law or
by statute. DR.. Wharton says: The
conflict begins when we reach those
combinations which are assumed to be
Iindictable, not as aimed at an indict-
liable offense, but from the idea that
the policy of the law forbids the
Preaching of the attempted object b.
IA conspiracy Grim. Law 357. After
discussing conspiracies to cheat and
ldefraud, he says: But to extend In
Idictable conspiracieS so as to INCLUDE
cases where acts not in themselves in
ldictable, are attempted by concert in
lvolving neither false statement nor
jconcerted force should be resolutely
Iopposed. A distressing uncertainty
will Cypress the law if the mere act
of concert in doing an Indifferent act
be held to make such act criminal.
We all know what acts are indictable.
land If we do not, the knowledge is
lreadily obtainable. Such offenses when
not defined by statute, are limited by
definitions which long processes of 1u-
dicial Interpretation have hardened In
to shapes which are distinct, SOLID,
notorious and permanent. 1t is other
wise, however, when we come TO speak
Of acts which, though not penal when.
they are committed by persons acting
singly, are supposed to become so
iWhen brought about by concert which
Involves neither fraud nor force.
| No man may know in advance whether
lany enterprise in which he may engage
may not in this way become subject
to prosecution. 1t is essential to Sle
constitution of an indictable offense
Il that il should be prohibited
either by statute or common law, but
lconspiracies TO commit by non indict-
liable means, non indictable offenses.
if we resolve them into their elements
Iare neither prohibited by common
law nor by statute. An act
of business enterprise in purchasing
goods in a cheap market for the pur-
pose of selling them in dear mar
Iket, which in one phase of judicial
sentiment would be regarded as a
ImeritoriouS impetus to commercial
activity would be in another phase
of judicial sentiment as it once has
been treated as an indictable offense.
Legislative and judicial compromises
| nth m
to the working of the political ma
chine, another court may hold to be
Iindictable as a corrupt conspiracy In
this country in which judges, are In
respect to their source of appointment
land tenure, sensitive to changes OF
popular opinion and temper, amid the
ever increasing acuteness of the strug
lyle between opposing social and indus
trial forces, the lines which separate
a criminal from a non criminal con-
Ispiracy should be clearly defined. To
a timid, conservative, judicial mind
trained to regard even the slightest
disturbance of such forces as por~
tending danger to the peace of the
State, a combination of the most
harmless character would assume 'un-.
lawful form and force. To a differ
ent type of judicial mind believing
that the safety and highest interest
of the State are promoted by the free
lin trade competition however severe
land egotistical. if unattended by cir
lcumstances of dishonesty, intimida-
tion, molestation or other such illegal
tiles the same combination would>ap-
pear, not only lawful but stimulating
to trade in the community. The study
of the struggle between the ruling class
and the laborerS in England culminat-
ing in the passage of the statute of SO
and 80 Wet, is of interest to the stu
dent, and value to the laWmaker and
Judge. 1t is declared by that statute
that an agreement or combination TO
do any act in furtherance of a trade
dispute shall not render the person
committing it indictable for q conspir-
acy if such acts committed by one
person would not be punishable as
Crime. These latter words may almost
be described as The workmen's Char
ter of Liberty for they dispose at once
and forever OF the contention that a
combination to do acts, not Illegal in
themselves, is entitled to be regarded
by the law as conspiracy. Cent.
Law Reform 253. A great English
ISta teSman said that for the first time
employers and employed sat under
equal laws AS indicating the practi-
cal operation of the definition of a
criminal conspiracy contended for by
the State, we may recall some in
cidents coming under our observation.
Not long since, the farmers producing
cotton in this and other states be-
lieved Mat their interests demanded
combined action to protect themselves
against what they considered an nm
reasonably high price charged by the
manufacturers for jute cotton bagging.
iThey openly and with the avOweG
purpose of compelling the manufS9-
turers to sell bagging at lower price
land of course reduce their profits anG
to that extent injure them in their
trade and business, formed combina-
{tions and adopted Observation-Disclosures
peaceful and lawful-to accomplish
their purpose. They agreed themsel-
yes, urged and by various means in
duced others, to refrain from buying
or using jute bagging. They encour-
LACED the use of other kinds of bag
ging and by and through organiza-
ton maintained peaceful but effect
i've contest with the manufacturers.
Their declared purpose was TO In.u-e.
Icripple, and if necessary, destroy the
manufacturer, unless they sold their
product a a lower price Again at q
moro recent date the producers or to-
bacco found the price of their product
as they thought unreaSonably 'oW.