Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-09-24

Gentlemen of the Grand Jury:
You are called in extraordinary
session this afternoon because of an
extraordinary emergency existing.
The United states Attorney for this
district has informed mo that evil
dence exists of a conspiracy to vio-
late and subvert the laws Of the
United States; that this conspiracy
grows out Of the present railroad
strike now pending in our midst.
That it has to do with an apparent
ly deliberate attempt to restrain
and obstruct the flow Of interstate
commerce and the movement of the
United States mails. If this be So
and you should so find, 1t is hardly
necessary for me to suggest to you,
of course, that indictments should
be returned by you forthwith.
All of us have naught but fellow.
ship with men who are seeking to
better themselves in the world. All
of US have sympathy of the sin
cerest sort for men who lawfully
seek to relieve themselves from
claimed injustice Of whatever
origin. None of us, however, can
have any sympathy for any man
who seeks to bring about a COM
plete subversion of the law of the
land merely that asserted injustice,
arising out Of unacceptable working
conditions, may be Immediately re-
lieved against. The heart of the
people is sound their disposition to
do Justice to all concerned Is un.
l.. ~ q n inlnnirnl III
this be not, so, we must write our
selves down as incapable OF self
government. Through the processes
of the law, existing or newly
wrought, justice can and will he
done and civilization thereby saved
1t can never be done through APP
peal to force and violence founded
upon a demanded settlement for
peremptory relief.
Equal Before Law. =.
The abiding glory of this land Oh
ours lies not only in the fact Of the
equality of its citizens before the
law, but of the fact that the gov
eminent we have here set up is a
government not of men, but OF law;
out of our common Will, retlectea
by our action at the polls and those
of our representatives chosen to act
for us, rules Of action, limitations
upon individual as well as collective
conduct, are set up, binding upon
all of us. This is not only govern
ment of the people, by the people
and for the people, but II is q gov
eminent of all the people, by all the
people and for all the people. ~
therefore, acting by himself or IN
conjunction with Others who Woald
disregard the law laid down by our
constitutional authority, who would
in that wise set up a government VI
and for himself in opposition 10 out
existing government, Wouid olslupt
and destroy this government Anu
therefore. as long as this govern
mont is competent to function EN-
GENTLY. it must, as it will do ina.
and ali Of that which will serve 10
insure it's own perpotulty. IL ia,'o
IN respond either to the needs OF 10
tho conception of its people II II
fails at any time to do that Whic"
will serve to protect its own III
teeritv and insure its own coli'iilu
woe This government, when we
have set up is but the LIVING W.
of the people. 1t will ever seek 10
speak the peoples will and wnei
the ucople's will and when the peo.
ne's will shall change, the voice OF
the Government will change; pu'
until the will of the people an
in no uncertain language
that the law OF the land, presun
ably binding upon all, is TO DC oia
regarded at will, the government
acting through its various lhsIru-
mentalitics, must endeaNor, conscl"
entiously, efficiently and promptly
to insist upon an obedience TO we
law as the same shall nave pee'l
written and shall have been con
strued by binding judicial deter
mination.
instructions to Jury.
Out of the unfortunate rallrodl
strike now and for some time con-
fronting us, comes to me lntorina,
ton relative to acts and conduct
upon their face demonstratiVe OF
n violation of law. If you, in your
wisdom, and after painstakins ana
careful consideration, determine
them to be such, your conclusions
should find ready reflection IN APP
propriate official action.
Upon your original impeachment
you were advised as to your duties
generally and as to the methods TO
be followed by you in the perform
ancc Of your official functions
These instructions / will now re-
peat. They were but the epitome OF
the rules governing an honest IN
quisitorial body seeking to ascer'
tain the truth. The matters now 10
be covered, however, have to do
with specific instances Of alleged
misconduct and the gravity OF their
nature, no less than the mlsconcep-
ion respecting their property, urges
me to bring them to your attention
that they may have the benefit OF
official consideration and action.
It is asserted that the lives OF
innocent and unoffcnding people
were imperilled, that property Of
innocent third persons embarked In
interstate commerce was subjected
to loss and impairment and that the
prompt passage of the mails OF the
United States was INSTRUCTED
through the stoppage of train SER
vice.
If this he so, and If it be the re-
suit of cooperative action looking
to that end by those responsible
therefor, u conspiracy existed to
violate the laws of the United
States, and those concerned there
in, mediately and Immediately,
should be brought to the bar of JUS
tice to answer for this onslaught
upon right and justice, upon peace
and security, upon law and order.
The statutes of the United States
make it a crime to conspire to re-
train the full and free flow Of COM
merce between the several states,
or knowingly and willfully to OBJ.
struct or retard the passage Of the
United States mails. And when the
acts which create the restraint or
obstruction are in themselves un-
lawful, the intention to restrain or
or obstruct, as the case may be, will
be imputed, even though the attain
ment of other ends may have con
stituted the primary object.
A conspiracy is a combination or
agreement among two or more in