New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-31

obstruct that commerce must and should %
punished.
Under cur Constitution Congress is gwen
power to regulate commerce among the states
I'D WITH foreign nations. Under this power
Congress has provided that any ore who shall
con5p.re to restrain our trade and commerce
ith foreign nations IS guilty Of a crime. ray
I'd his accor7plices III schemirg to destroy
lips laden with American wares and me-
chandise bcurd or about 20 sail for European
ports. offended against this statute.
In 1894 the employees OF the Pullrcan Com
rs7y went on a strike. In the course OF that
strike some Of the men obstructed the free
movement OF some OF our interstate railroads.
This was held 10 be an illegal restraint OF IN
terstate trade and commerce. See In re Deos
O5s U. S. 500. In that case the Supreme
,-ourt Ct the United States said: 1T is within
tie competency OF Congress to prescribe by
legislation that any interference with thee
matters shall he offences against the United
States. and prosecuted and punished by IN
dic,mcnt in the proper courts
PUNISHABLE UNDER OUR STATUTES.
What more serious obstruction and inter
ference with our foreign commerce can be
conceived than that contemplated by Fay and
lis acccmpliccs. In order that they shall b:
punisl ed it is not necessary that they should
have accomplished their plan The arrange
ment or plan itself constituted the conspiracy
denounced by the statute.
l might cite abundant precedents in support
OF this proposition 1t seems however. so
self-evdent that / make no reference to the
numerous cases upon the subject.
Under Section 235 OF the Penal Code Of the
U..itcd States any person who shall carry
upon any vessel engaged in foreign commerce
any dangerous explosive without informing
the agent OF the carrier TO the true char
ectcr thereof is guilty of an offence against
the United States; and under Section 81 OF
the same code if two or more persons con-
spre to commit such an offence they may.
upon conviction. be sentenced to Imprisonment
for two years and to pay fine of $4,000.
The placing OF ar explosive bomb upon
vessel laden with explosives might and would
naturally and reasonably be expected to de-
stroy the ship and its cargo and also to cause
the death of the crew. Every man is presumed
to intend the reasonable consequences Of his
acts Therefore if these men placed any such
bomb upon such ship while she was in
port Of the United States it would seem quite
clear that they were guilty OF an attempt to
commit murder as defined in Section at OF
the United States Penal Code. Ii they did
not place the bomb upon the ship. but that
was their plan they guilty Of a conspiracy
to commit murder. The fact that they in
tended the explosion to occur after the ship
was upon the high seas will not relieve them.
If they put the force into operation within
the jurisdiction of the United States they may
be punished here, regardless OF where the con-
sequences OF that force resulted Hence IL
they conspircd to commit this dsstardly act
and any one Of them did any act looking TO its
accomplishment all OF them may at least pe
convicted OF A conspiracy to commit murder
There may be other applicable statutes I
sincerely trust there and that the ingenu-
ity OF the entire legal establishment OF the
United States will concentrate in the effort to
obtain for these men the maximum possible
punishment. which. unfortunately, does not
seem to be death, which, in my opinion, is the
only possible deterrent against a recurrence
Of any such vicious conspiracy.