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

$1,UVV lot q disease germ that II can
mon interests and promote common
advantage is not peculiar to those
whose capital consists in their labor
The security of the State demands that
the same principles of law must APP
ply to all sorts and conditions oG men.
1t is we'll to consider how far liberty
of thought and action may be re-
stricted by a resort to the loose ex-
pressions" and dangerously uncertain
definitions of this crime affecting the
liberty of the citizen.
1T is very doubtful whether indus
trial conditions, or relations between
employed and employees, have been
improved by prosecutions for crimi-
nal conspiracy. AS we have seen in
England, the subject has received the
most careful attention of enlightened
statesmen, resulting in the passage Of
wise statutes. 1t is aSlled--N1aY not
a man conduct his business in his Cwn
way? Undoubtedly he may. Tor any
unlawful interference with this right
he has a remedy, either civil or GRIM
inal, as such Interference may justify.
The question is asked-May not men
organize to promote their common in
terests and when such interests com
flict with other interests, resort 10
lawful and peaceful means TO secure
the best results 1t is clear that they
may. Where then is the line which sec-
arates conduct which is lawful
from that which is unlawful? The
answer comes from Chief Justice
Shaw, one of the Wisest and most
learned of American jurists. II It
is to be carried into effect by fair or
honorable or lawful means, it is 10
~ the least, innocent. # by false
l., Il =,
the character of criminal conspir-
acy.' We would not be misunder-
stood Capital, either in the form of
money or other property, or in the
form of skill, experience. intelligence
and strength, may combine for law
full purpose. When in either form. or
under whatever guise it seeks or con-
spires to effectuate its purpose, how
yer lawful, by means of violence to
person or property or by fraud-0r
other criminal means-or when. by
such means, it conspires to prevent
any person from conducting his own
business in his own way, or from eyn-
ploying such persons as he may pre-
fer, or by preventing any person from
being employed at such wages ~
upon such terms as he may prefer.
the courts will be prompt to declare
and firm to administer the law to
punish the guilty and protect the in
jured. What acts will constitute slc1
unlawful means, it is impossible to
deane. As all other questions arising
out of the struggle of political, social
or industrial forces, they must be de-
cided as they are presented.
We have refrained from using terms
having d popular but as yet indefinite
legal meaning. The word boycott by
reason Of the circumstances under
which it originated and the extent IL
p-h tA
the purpose of the parties engaged in
it were carried is commonly supposed
to involve unlawful means. The word
Is defined in Blacks Law Dict, page
$50. as follows: In criminal law. A
conspiracy formed and intended III
rectly or indirectly to prevent the car
rying on of any lawful business, or
to injure the business of any one Ivy
wrongfully preventing those who
would be customers from buying any
thing from or employing the repre-
sentatives of said business by threats,
in. imidation, or other forcible means
In Brace VS. Evans 3rd. r. Y. Corp !
Law j. sci, it is said: The word IN
itself implies a threat i'll popular &C
ceptation, it is an organized effort TO
exclude a person from business rela- !
tons with others by persuasion, intim-
idation and other acts which tend to
violence and have coerced him !
through fear of his own injury TO sub
nit to dictation in the management of +
his affairs In Matthews VS.. Shanland /
Sc y. Y. Sup, the term is held 10 |
come within the statutory definition /
of an unlawful conspiracy For his !
tory of the word and definition as
adopted by many courts, see Words |
and Phrases, Vol. l. page S55. We |
find nothing in the charge in this (
case which brings the purpose or con- /
duct of the defendant within such |
definition Much obscurity and uncer- /
tainty has originated i'll the careless !
use of the terms of this character.
Mutual confidence. forbearance, p2- /
thence and concession accompanied by /
q free, frank interchange of thought /
and feeling will do more 10 perpet- |
uate the kindly relations existing /
among us with our homogeneous pop /
ulation. than prosecutions for criminal |
consDiracies-Wh no criminal or un-
lawful elements exist, In view of the
wide divergence of judicial opinion, by
reason whereof the law is oppressed /
with distressing uncertainty, it
would seem that the Legislature |
should abrogate the common law on |
the subject and enact plain, clearly t
expressed and carefully guarded stat !
ute in lieu thereof. We think il also |
ntoper to say that i'm the discussion Q
this case. we do not mean to suggest
that Mr.. Rice is unfair to his employ
ees. We have considered the appeal in
it's legal aspects as represented by the
record. His Honor's Judgment quash
ing the Indictment must De affirmed
Affirmed.