Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-09-24
SHALL GOVERNMENT ENDURE? 4
THAT is REAL QUESTION AT
STAKE IN STRIKE, DECLARES


land irrespective of whether he
ljoined the movement early or late,
is responsible for all of its acts and
Iamenable because of his participa-
Ition therein. Even in a conspiracy.
guilt, Of course, must be personal
Each individual involved therein
unjust in some wise have been CO.
Operating Herewith that the unlaw-
ful end i'll mind might be attained
"A conspiracy can rarely, il ever, be
proved by positive testimony. The
purpose of the combination is
known only to those who enter IL,
and their purpose can hardly ever
be proved, save by what they actu-
ially did by the attendant circum-
stances, and by the light reflected
from the results actually consum-
mated, But it is the general rule OF
law that when different individuals
pursue the same common unlaW.
full object or design, whether acting
separately or collectively, by COM
mon or different means, but all
leading to the same unlawful re-
suit, and all moved by the same
purpose and with cooperative az
ton, the inference of n conspiracy
to effect the unlawful result is COM
plete.
In this behalf also you are to I'm.
derstand that under the law a per-
son is presumed to intend all OF tho
ordinary consequences that may
flow from his voluntary acts and
that an unlawful act was done with
an unlawful intent. So that ire
spective of the ultimate purpose in
mind or the end finally to be
gained, if there was an intent to re-
strain the flow of interstate com
imerce or to obstruct the mails, or
| If, in pursuance of any other intent
of and as an expected consequence
! interstate commerce was thereby
restrained or the mails were there
| by DISTRACTED, then violation of law
has been committed and you should
make presentation Of the parties re-
lsponsible for the participating in
the same.
| apprehend the answer will be
made that all that has been done
has been but part of, and an in
cident to, the maintenance of
istrike, conceived and carried on for
the purpose of securing relief
against intolerable working condi-
lions and injustices actually suf-
Ifered.
Right to Work,
! i yield to no man in my defense
! of the principle that as long as we
are a free people, no person may
| be compelle to work under objec-
tionable conditions. and that the
right to strike, not only as re-
tusal to submit to such condition,
but as an effective protest against
the same, may not be gainsaid. But
the same sort of right that gives
to the employee the privilege OF
striking and indicating his effective
protest, gives to the balance of the
| community generally the privilege
| OF being protected against inYasions
of its rights, serious disturbance of
! its peace and quiet, and enforced
| deprivation of the things necessary
to its continued existence. SO also
iother persons possessing or seeking
employment have rights that are to
be considered. If there be a God
given right to strike when the con-
iditions of employment are intoler-
able, there is equally Il God given
right to work. which work is avail
liable and the conditions are accept
able. And u government which will
mot use all of its effective powers
Iin the preservation of the last
NAMED right, is IL government in
form only; it lacks the substance
necessary to give it either life or
stability. If disintegration did not
| eventually effect its destruction, in
Ianition will, injustice may have
been suffered by these men re-
lsponsible for, or engaged in, the
strike giving rise to the present con-
| troYersy. AS TO that, ] am not fully
informed, and prefer to express no
Well-considered conclusion. For
present purposes, however, and with
mo feeling that the facts may be
otherwise, l am prepared to admit
that an injustice may have been
'done' But that gives no warrant
either in law or morals, for a viola
ton of law by those who are now
seeking to relieve themselves of
THAT injustice. 1t offers no excuse
for a disruption of organized and
lfunctioning government.
In its simplest and most appeal
| ing aspect, gentlemen, the problem
presented involves the question as
| to whether this government as Il
; functioning instrumentality in our
midst is to endure. Turbulency,
persisted in, will demolish any de-
| mocracy. Ours can last only in the
face of the belief entertained by its
people that the problems of society
social, political and industrial
and to be solved not only with abid-
| ing justice to all concerned, but
within the forms of the law and in
lconsonance with its spirit. There
can be no justice in result with re-
spect to any controversy unless
there be justice in the procedure
lemployed to attain that result.
There can be no stable solution of
jany substantial controversy unless
such solution be based on reason
land justice, unhampered by resort
TO violence and intimidation.
Violence and intimidation are
isubversive of law and order, of
right and good will, of peace and
security. They spell, eventually, for
social dissolution. If we permit
them to continue unabated, anarchy
OF worse confront us.
And If this government be de-
stroyed by those who oppose its
Judgments, or Leek to undermine its
institutions, who shall set up an
other? And particularly who shall
SCI up u ther that will be better?
Whose VIII shall rule in the govern
ment to take the place of this?
How silall that will be ascertained
Who Sail enforce it? Who will
make up its judgments, and in
Whose breasts will it lie to say what
10 right and just and fair and
equitable between man and man?
And that government so to be
erected, if it meet, as it surely will
with opposition and contradiction.
who shall rear out of its demolished
fabric another new and better gov
crnmcnt, which shall be able to
crafty everybody because every
body wants?
This a practical world in which,
out Of consideration of the general