Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1914-08-06

from any overt acts that they might
do, unlawful. This conception of the
law remained in force until well along
into the nineteenth century, and it
took distinct Act Of the British Par
liment to legalize labor unions.
Under the charge of conspiracy, the
authorities, under the law, are allowed
to introduce vast range of evidence
not directly pertinent to the particular
individual or individuals on trial. but
which they get into the record under
the theory that the same is applicable
to the law of conspiracy. Just what
constitutes conspiracy, the law it
self is uncertain about. For example:
we have Chief Justice Shaw, at one
time chief justice of the. Supreme
court of the state of Massachusetts,
saying, with reference to the definition
of conspiracy: But the great diff
Guilty is in framing any definition or
description to be drawn from the de-
cided cases which shall specifically
identify his offense "a description
broad enough to include all cases pun
ishable under this description. If
the courts don't know what consti-
tutes criminal conspiracy, then how
can it be expected that working man
will know?
The law of criminal conspiracy to-
day is uncertain, defies intelligent an
alysis and is a perpetual menace to
cooperation in any organized effort
to do anything contrary to the wishes
of rry1n
eminent. Under the law of conspiracy
everyone who co-operates in any or
ganized movement isp responsible for
each and every act of each and every
individual cooperating along the line
of that movement, even though the act
which the individual does is really
outside of the range of the purpose Of
the original program, provided that a
conspiracy had been formed. Some of
the most vicious verdicts returned by
juries have been under the cloak of
the law of conspiracy.
The law of conspiracy is a hydra
headed monster standing in the way
of organized progress. It makes pos
sible manifold miscarriages Of justice,
reduces the administration Of the law
to the whim and caprice Of judges and.
juries and makes it impossible for the
common people to maintain that re-
spect for the administration of the law
which is Fundamental requisite for
the orderly progress of society. We
should direct all of our efforts to the
destruction of this legal myth which
possesses dangers far greater than
any virtues that anyone can find in it.
AS long as the law of. criminal con-
spiracy stands on the statute books of
either the state or federal government
it is impossible to secure any large,
broad and sweeping program of Or
gained Labor.
Labor must do one Of two things:
it must either develop such control of
the machinery of government and of
the courts, particularly as to enable it
to re-shape and re-make the law OF
conspiracy so that the law as it now
exists will no longer be applicable to
labor disputes, or, Independent of the
securing of political control, labor
must secure such industrial power as
will enable to to call checknate to all |
efforts of the authorities to enforce
the so-called law of conspiracy. thus !
rendering ineffective and impossible of |
the law itself. The duty
is imperative that this law shall be
nullified in some manner, otherwise all
the efforts looking to the coalition and
creation of real solidarity in the. ranks |
of labor will be rendered ineffective by
the authorities.