Griffin Smith

“ Our consideration in this respect is directed to the single proposition that force and violence were employed by two of the defendants.
A literal construction of that part of § 2 of Act 193 making it a felony for any person “acting either by himself, or as a Member of a group or organization, or acting in concert with one or more persons, to promote, encourage, or aid [in the character of unlawful assemblage there prohibited”] would, it is said, prevent peaceful picketing. ”

“ It has often been said that the raw, rough, and ready language of an uncouth pick wielder, in conversation with an associate, might mean one thing to the man at a desk and quite a different thing to a menial of equal classification and having similar habits. What would insult or frighten a particular individual might not cause a ripple of apprehension in the man who understood the mental attitude of a person inured to physical adversity. ”

“ A grand jury, upon investigation, determined that the facts reflected justifiable homicide, and declined to indict Williams. Acting upon the theory that acts of violence intended to prevent non-strikers from working bad been engaged in, and that Roy Cole, Louis Jones, and Jesse Bean (colored) had been participants, indictments were returned against them, essence of which is, that "by the use of force and violence", they prevented Williams from working for the Cotton Oil Company. ”

“ In the instant case we are dealing with a statute that invokes punishment as for a felony where the same conduct, if committed in a non-labor dispute, would be a misdemeanor—an offense as to which the guilty party might be discharged upon payment of a small fine, as compared with a possible two-year prison term. ”

“ It must be borne in mind that the workers engaged on both sides—those who struck and those who refused to do so—included men whose manners in expressing their likes and dislikes, whose ordinary conversations, and whose so-called "threats" are not necessarily on a parity with workers whose opportunity for higher standards has been exercised. ”

“ Many of the newcomers are disorderly, many seem essentially violent minded. Yet our debates are richer for their presence. Not all of us are as near to the sufferings of the working classes as they are. ”

“ Trial of the defendants preceeded as though there had been an admission that the men who composed the picketing group constituted an unlawful assemblage. There is no such admission. Proof is not satisfactory that the strikers bore a direct grievance against any but Williams. Williams was attacked by Campbell and Campbell paid the penalty of life for his rashness. No one testified that others struck or attempted to strike Williams. ”

“ Information in the instant case, while charging that Cole, Bean, and Jones violated the quoted provision of § 2 of the Act, also accused them of using force and violence to prevent Williams from working. ”

“ For reversal it is argued (a) that evidence does not support the verdicts; (b) Act 193 cannot be construed toapply to facts presented; (c) Section 2 of Act 193 is unconstitutional and its validity has not been determined; and (d) the defendants' plea of former jeopardy should have been sustained.
First.— (d) —This contention cannot be maintained. The defendants were convicted when tried on the indictment—an indictment they alleged was void because of alleged irregularities in the selection of grand jurors. ”