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قراءة كتاب Industrial Conspiracies

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Industrial Conspiracies

Industrial Conspiracies

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دار النشر: Project Gutenberg
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everything that was bad from England and left most that was good. (Applause). At first, when labor organizations were started they had a fair chance; they were left comparatively free; but when they began to grow the American judges got busy. They got busy with injunctions, with conspiracy laws, and there was scarcely anything that a labor organization could do that was not an industrial conspiracy.

Congress took a hand, not against labor; but to illustrate what I said about the difference between making a law and telling what the law means, we might refer to the act which was considered a great law at the time of its passage, a law defining conspiracy and combinations in reference to trade, the Sherman anti-trust law. In the meantime, the combinations of capital had grown so large that even respectable people began to be afraid of them, farmers and others who never learn anything until everybody else has forgotten it (laughter); they began to be afraid of them. They found the great industrial organizations of the country controlling everything they used. One powerful organization owned all the oil there was in the United States; another handful of men owned all the anthracite coal there was in the United States; a few men owned all the iron mines in the United States; and the people began to be alarmed about it. And so they passed a law punishing conspiracies against trade. The father of the law was Senator Sherman of Ohio. The law was debated long in Congress and the Senate. Every man spoke of it as a law against the trusts and monopolies, conspiracies in restraint of trade and commerce. Every newspaper in the country discussed it as that; every labor organization so considered it.

Congress passed it and the President signed it, and then an indictment was found against a corporation, and it went to the Supreme Court of the United States for the Supreme Court to say what the law meant. Of course Congress can't pass a law that you and I can understand. (Laughter). They may use words that are only found in the primer, but we don't know what they mean. Nobody but the Supreme Court can tell what they mean.

Everybody supposed this law was plain and simple and easily understood, but when they indicted a combination of capital for a conspiracy in restraint of trade, the Supreme Court said this law did not apply to them at all; that it was never meant to fit that particular case. So they tried another one, and they indicted another combination engaged in the business of cornering markets, engaged in the business of trade, rich people, good people. It means the same thing. (Laughter). And the Supreme Court decided that this law did not fit their case, and every one began to wonder what the law did mean anyhow. And after awhile there came along the strike of a body of laboring men, the American Railway Union. They didn't have a dollar in the world altogether, because they were laboring men and they were not engaged in trade; they were working; but they hadn't found anything else that the Sherman anti-trust act applied to, so they indicted Debs and his followers for a conspiracy in restraint of trade; and they carried this case to the Supreme Court. I was one of the attorneys who carried it to the Supreme Court. Most lawyers only tell you about the cases they win. I can tell you about some I lose. (Applause). A lawyer who wins all his cases does not have many. (Laughter).

Debs was indicted for a conspiracy in restraint of trade. It is not quite fair to say that I lost that case, because he was indicted and fearing he might get out on the indictment the judge issued an injunction against him. (Laughter). The facts were the same as if a man were suspected of killing somebody and a judge would issue an injunction against him for shooting his neighbor and he would kill his neighbor with a pistol shot and then they would send him to jail for injuring his clothes for violating an injunction. (Laughter). Well, they indicted him and they issued an injunction against him for the same thing. Of course, we tried the indictment before a jury, and that we won. You can generally trust a part of a jury anyhow, and very often all of them. But the court passed on the injunction case, and while the facts were just the same and the law was just the same, the jury found him innocent, but the court found him guilty. (Laughter). And Judge Wood said that he had violated the injunction. Then we carried it to the Supreme Court on the ground that the Sherman anti-trust law, which was a law to punish conspiracies in restraint of trade, was not meant for labor unions but it was meant for people who are trading, just as an ordinary common man would understand the meaning of language, but the Supreme Court said we didn't know anything about the meaning of language and that they had at last found what the Sherman anti-trust law meant and that it was to break up labor unions; and they sent Mr. Debs to jail under that law (laughter and applause), and nobody, excepting someone connected with the union had ever been sent to jail under that law, and probably never will be.

So of course, even the employer, the Merchants' and Manufacturers' Association and the Steel Trust, even they would be willing to let the Socialists go to the Legislature and make the laws, as long as they can get the judges to tell what the law means. (Loud applause). For the courts are the bulwarks of property, property rights and property interests, and they always have been. I don't know whether they always will be. I suppose they will always be, because before a man can be elected a judge he must be a lawyer.

They did patch up the laws against combinations in restraint of trade. Even the fellows who interpreted it, were ashamed of it and they fixed it up so they might catch somebody else, and they brought a case against the Tobacco Trust, and after long argument and years of delay the Supreme Court decided on the Tobacco Trust and they decided that this was a combination in restraint of trade, but they didn't send anybody to jail. They didn't even fine them. They gave them six months—not in jail, but six months in which to remodel their business so it would conform to the law, which they did. (Applause and laughter). But plug tobacco is selling just as high as it ever was, and higher.

They brought an action against the Standard Oil Trust—Mr. Roosevelt's enemy. (Laughter and applause). That is what he says. (Laughter and applause). They brought an action against the Standard Oil Trust to dissolve the Trust and they listened patiently for a few years—the Supreme Court is made up of old men, and they have got lots of time (laughter)—and after a few years they found out what the people had known for twenty-five years, that it was a trust, and they so decided that this great corporation had been a conspiracy in restraint of trade for years, had been fleecing the American people. I don't suppose anybody would have brought an action against them, excepting that they had a corner on gasoline and the rich people didn't like to pay so much for gasoline to run their automobiles. (Laughter and applause). They found out that the Standard Oil Company was guilty of a conspiracy under the Sherman anti-trust law, and they gave them six months in which to change the form of their business, and Standard Oil stock today is worth more than it ever was before in the history of the world, and gasoline has not been reduced in price, nor anything else that they have to sell. There never has been an instance since that law was passed where it has ever had the slightest effect upon any combination of capital, but under it working men are promptly sent to jail; and it was passed to protect the working man and the consumer against the trusts of the United States. So, you see, it does not make much difference what kind of a law we make as long

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