The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-11-12
UNITED STATES GRAND JURY
EMPANELED AND CHARGED

] to secure or acquire an exclusive
right to such trade which prevents
iothers from engaging in such trade
"A monopoly which will De a viola
ton of section two of the Sherman
act, could be said to- exist when one
or more persons or companies, by any
means other than fair and legitimate
competition secure control of a sub
stantial part of the trade between the
several states and foreign nations in
any particular article of commerce.
This offence which / have defin-
ed within the purview of the Sherman
act, is committed generally by a con-
spiracy. A conspiracy as an offense
against the United States, defined and
denounced by section $40 of the re-
vised statutes, is committed when two
or more persons agree together to
commit an offelse against the United
States. and one or more of Euch per-
| sons to the agreement do any act to
carry out the object of the agreement
or conspiracy.
Peonage Explained.
There is another offense which has
grown up in our country with its
modern development and industry,
i known, as peonage. | do not know
but that there may be called to your
| attention some attractions of thiS law
There was formerly doubt among law
yers and jurists whether the provis-
ions of section 1890 and 5556 of the
revised statutes were applicable to
the states, which by Fundamental
charter reserved the right of local
legislation on all police questions and
internal affairs, but the supreme court
in the well known Clyatt case, settled
all question as to the constitutional
ity of the law against holding persons
in the United States to a condition of
peonage. That is to say, hold such
| persons to work against their will and
| consent in payment or discharge of
a debt due or claimed to oe due from
I the employed to the employer, and
the sections I have referred to pro-
hibit the holding, arresting or return
ing of persons to the Involuntary ser
| vice of another to work out a debt
against the will of the person in
dehted.
"Peonage as defined by the supreme
court is compulsory involuntary servi-
\ tude; the peon can release himself ii
| Is true by payment of the debt, but
| otherwise the servitude is enforced.
A clear distinction exists between Pc
| onage and the voluntary performance
of labor in payment OF debt. In the
latter case, the debtor, through con-
tracing to pay his debt by labor, can
elect at any time TO quit and no law
compels continuance Of the service
II was not the intention or purpose
of the law-making power to undertake
/ to regulate contracts between indi-
| viduals or to encourage one class of
citizens to defraud smother. and there
can be no doubt that state legislation
| is competent to protect the employer
from fraud and imposition of the SER
| want.
But the peonage law is in further
ance of personal liberty and not de-
signed for any particular class, it was
i intended for all the people. and it is
| the first duty of government to pro
tect its citizens in the enjoyment of
liberty; of course that duty which the
government owes to every citizen can
only be guaranteed through the chan
nels of the courts by the exact admin
iistration of justice. This offense. like
other offenses that have already in a
general way enumerated to you, may
be committed by conspiracy.
| Fraudulent Land Entries.
| Another offense against the United
States which may be called to your at
tention is that of fraudulent land en-
tries-the homestead law is a wise
and beneficent provision. giving to a
| worthy citizen of the United States
portion of the public domain on which
10 settle and after a prescribed ge~i-
dence, and cultivation to acquire a
home for his family at nominal sum.
The great demand for timber and lum-
Der of recent years has been an in
c"mtive to make and procure false en-
tries and to suborn perjury in perfect
ing entries.
| The law visits severe condemna-
| ton on such acts, and grand iuries
| should be diligent In ferreting out
| this character of offenSeS against tbs
law and thus bring the guilty persons
to speedy punishment
| "On you, gentlemen, depends in a
large measure the enforcement Of the
criminal laws of the United States in
| this district. The prosecution for all
felonieS and infamous offenses must
originate with your body. The fifth
amendment of the constitution OF the
United States provides that no person
shall be held to answer for any CAPT
tai or other Infamous offense except
on presentment and indictment of a
grand jury. Any violation of the Fed
eral laws, for which the court might
award against the offender, punish
ment in the penitentiary. with or with
out hard labor, is deemed an infamous
offense. Therefore, all cases OF mucn
/
attention, aud if, after investigation by
YOU, 1t Is your judgment that the tes-
| tfmony before you unexplained and
| uncontradicted, would warrant a CON
viction on the charge it would De YOU.
duty TO return a true bill II is not
your province to hear both sides OF
the case. The accused is no. Oh tri.i
until he Is arraigned in court where
he Is to be heard by himself, his coun-
| sci and witnesses. What evidence or
Kind of evidence would warrant a con-
ytctfon, you under the counsel of the
| district attorney, must be the judges.
| Evidence before YOU or elsewhere is
not to be judged by its volume. but
rather by its significance 1t cannot
be measured or counted or weighed
IN any proper sense of the words.
The only standard of measuring or
weighing evidence is by its effect on
the belief and conscience of sensible
and impartial men endeavoring TO as
certain the truth
The District Attorney.
The district attorney, as before
| stated. is the legal advisor of YOUR
body, and viii wait upon and consult
with you in your deliberations Six
| teen OF Your number is a quorum, or
yOlfr hOdy and pnuSf ar All firna- 10