to prevent customers and others from dealing with him,65 or to coerce him by intimidation, boycotts, strikes, threats to strike, or the like, into injuring a third person by withdrawing from contract relations with him,66 or into discharging other employees,67 or if their purpose is to prevent him from carrying on business and to ruin and destroy his business and property,68 or if they contemplate the enforcement of their demands by striking in violation of a contract into which they have entered themselves, 69 or if their agreement contemplates interference with the transportation of the mails,70 or with interstate 71 or foreign commerce, or if they combine to prevent a workman from

obtaining employment.73 It has also been held that workmen have no right to combine to persuade men to leave their employment for the purpose of compelling their employers to raise their wages.' But, as a rule, the use of mere persuasion, without any intimidation, does not make the combination criminal.75

74

A conspiracy to extort money from an employer by inducing persons to refrain from working for him until such money is paid to the conspirators is indictable at common law.76 And the same is true of a conspiracy by employees of a company to break up a rival company and drive it out of business by means of slander, abuse and vilification directed against it and its agents.77

Conspiracies for the purpose of preventing any person or persons from procuring work, or to cause the discharge of any person or persons from work, are sometimes expressly made criminal by statute." 78 It is also sometimes provided by statute that combinations or agreements to do or not to do any act in contemplation or furtherance of any trade dispute between employers and employees shall not be deemed criminal if such act, if committed by one person, would not be punishable as a crime, and shall not be considered as in restraint of trade or commerce.79

§ 505. Conspiracies to injure trade or commerce, or in restraint of trade. Conspiracies in restraint of trade are made criminal by statute in many states.80 And the federal statutes make it an offense to engage in any combination or conspiracy in restraint of trade and

78 People v. McFarlin, 43 N. Y. Misc. 591, 89 N. Y. Supp. 527.

As a conspiracy to compel a workman to join a union by threatening to prevent him from obtaining work unless he does so, and to compel those employing him to discharge him by threatening to prevent them from obtaining other workmen. State V. Dyer, 67 Vt. 690, 32 Atl. 814.

Or to prevent one of their number, by means of a boycott, from obtaining employment until he pays a fine assessed against him. Reg. v. Hewitt, 5 Cox C. C. 162.

74 Reg. v. Duffield, 5 Cox C. C. 404. 75 People v. McFarlin, 43 N. Y. Misc. 591, 89 N. Y. Supp. 527; Reg.

v. Shepherd, 11 Cox C. C. 325.

76 State v. Dalton, 134 Mo. App. 517, 114 S. W. 1132.

77 State v. Dalton, 168 N. C. 204, 83 S. E. 693.

78 Jetton-Dekle Lumber Co. V. Mather, 53 Fla. 969, 43 So. 590.

79 Such a provision is valid, State v. Coyle, 7 Okla. Cr. 50, 122 Pac. 243; and prevents punishment for picketing. Ex parte Sweitzer, 13 Okla. Cr. 154, 162 Pac. 1134.

80 See the statutes of the various states and the following cases: State v. Coyle, 7 Okla. Cr. 50, 122 Pac. 243; Standard Oil Co. v. State, 117 Tenn. 618, 100 S. W. 705, 10 L. R. A. (N. S.) 1015.

commerce among the several states or with foreign nations, or to combine or conspire to monopolize any part of such trade or commerce,81

A combination or conspiracy to prevent competition in the sale of, or to raise the price of, necessaries of life is indictable at common law, 82 and under a statute denouncing conspiracies to commit any act injurious to trade or commerce.83 A conspiracy to raise the price of government securities by false rumors has been held to be an offense at common law.84 And a conspiracy to depress, by false rumors and the like, the value of the stock of a corporation dealt in on the stock exchange, comes within a statute punishing conspiracies to injure trade or commerce.85

It has been held that it is not criminal at common law for insurance companies or agents to combine to maintain rates of insurance

81 Nash v. United States, 229 U. S. 373, 57 L. Ed. 1232, 33 Sup. Ct. 780, rev'g 186 Fed. 489; Lamar v. United States, 260 Fed. 561, certiorari denied, 250 U. S. 673, 63 L. Ed. 1200, 40 Sup. Ct. 16; United States V. Rintelen, 233 Fed. 793; United States v. Kissel, 173 Fed. 823; Union Pac. Coal Co. v. United States, 173 Fed. 737; United States v. Addyston Pipe & Steel Co., 85 Fed. 271, 46 L. R. A. 122, aff'd 175 U. S. 211, 44 L. Ed. 136, 20 Sup. Ct. 96; United States v. Cassidy, 67 Fed. 698; Thomas v. Cincinnati, N. O. & T. P. Ry. Co., 62 Fed. 803; United States v. Elliott, 62 Fed. 801.

A conspiracy to corner the available supply of a staple commodity, such as cotton, normally a subject of trade and commerce among the states, and thereby to artificially enhance its price throughout the country, comes within this provision. United States v. Patten, 226 U. S. 525, 57 L. Ed. 333, 33 Sup. Ct. 141, rev'g 187 Fed. 664.

See also § 1549, infra.

82 Illinois. Chicago, W. & V. Coal Co. v. People, 214 Ill. 421, 73 N. E. 770; Sanford v. People, 121 Ill. App. 619.

Pennsylvania. Morris Run Coal Co. v. Barclay Coal Co., 68 Pa. St. 173, 8 Am. Rep. 159.

Rhode Island. State V. Eastern Coal Co., 29 R. I. 254, 70 Atl. 1, 132 Am. St. Rep. 817, 17 Ann. Cas. 96.

Washington. State v. Erickson, 54 Wash. 472, 103 Pac. 796.

England. Rex v. Norris, 2 Ld. Kenyon 300.

See also Rex v. Hilbers, 2 Chit. 163.

83 As a combination among coal dealers to prevent competition. People v. Sheldon, 139 N. Y. 251, 34 N. E. 785, 23 L. R. A. 221, 36 Am. St. Rep. 690.

The New York statute is not confined in its operation to conspiracies to injure trade and commerce in the necessaries of life. It applies to such a conspiracy in respect to cigarettes. People v. Duke, 19 N. Y. Misc. 292, 44 N. Y. Supp. 336.

84 Rex v. Berenger, 3 Maule & S. 68. And see dicta to this effect in People v. Fisher, 14 Wend. (N. Y.) 9, 28 Am. Dec. 501.

85 People v. Goslin, 67 N. Y. App. Div. 16, 73 N. Y. Supp. 520, aff'd 171 N. Y. 627, 63 N. E. 1120.

provided they use no unlawful means in accomplishing their objects.86 But such combinations come within the provisions of the anti-trust laws of some of the states.87

§ 506. Conspiracy to prevent free exercise of rights secured by Federal Constitution or laws. The federal statutes expressly make it a crime for two or more persons to conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.88 To bring a conspiracy within this provision the persons against whom it is directed must be citizens of the United States,89 and the right or privilege must be one granted or secured to them by the Federal Constitution or laws, and not by a state.90 And intent in respect of the federal right is also an essential element of the offense.91

Conspiracies to deprive persons of the right to vote for United States senators and members of congress, or to serve on election

86 Aetna Ins. Co. v. Com., 106 Ky. 864, 51 S. W. 624; Queen Ins. Co. v. State, 86 Tex. 250, 24 S. W. 397.

Insurance is not an article of merchandise or manufacture, or one of the necessaries of life, or of prime necessity, within the letter or spirit of the laws against engrossing. Harris v. Com., 113 Va. 746, 73 S. E. 561, 38 L. R. A. (N. S.) 458, Ann. Cas. 1913 E. 597.

87 Hartford Fire Ins. Co. v. State, 76 Ark. 303, 89 S. W. 42; State v. Phipps, 50 Kan. 609, 31 Pac. 1097, 18 L. R. A. 657, 34 Am. St. Rep. 152; In re Pinkney, 47 Kan. 89, 27 Pac. 179.

88 Crim. Code, § 19.

As to the history, validity and scope of this provision, see United States v. Mosley, 238 U. S. 383, 59 L. Ed. 1355, 35 Sup. Ct. 904.

This provision deals exclusively with the political rights of citizens, and not with the rights of citizens as mere persons, residents or inhabitants. United States v. Wheeler, 254 Fed. 611.

92

89 United States v. Patrick, 54 Fed. 338.

It does not apply to a conspiracy to deprive Chinese subjects of rights secured by treaties between the United States and China. Baldwin v. Franks, 120 U. S. 678, 30 L. Ed. 766, Sup. Ct. 656, 763.

90 United States v. Cruickshank, 92 U. S. 542, 23 L. Ed. 588; United States v. Patrick, 54 Fed. 338.

91 United States v. Cruickshank, 92 U. S. 542, 23 L. Ed. 588; Buchanan v. United States, 233 Fed. 257.

92 Aczel v. United States, 232 Fed. 652, aff'g 219 Fed. 917; United States v. Stone, 188 Fed. 836; Felix United States, 186 Fed. 685.

V.

A conspiracy to deprive negroes of the right to vote on account of their race and color. Guinn v. United States, 238 U. S. 347, 59 L. Ed. 1340, 35 Sup. Ct. 926; Ex parte Yarbrough, 110 U. S. 651, 28 L. Ed. 274, 4 Sup. Ct. 152.

A conspiracy by election officers to omit returns from certain election precincts. United States v. Mosley,

boards at elections for such officers,98 or to intimidate voters into voting for certain persons,94 or to injure or oppress federal officers in the discharge of their official duties,95 or to injure, oppress, threaten or intimidate a person in the free exercise of his right to procure attachments for contempt against persons violating an injunction granted by a federal court,96 or of his right to freedom from slavery or involuntary servitude,97 or to make a homestead entry,98 or to reside upon, cultivate and improve land so entered, and mature his title to it as a homestead,99 or to appear and testify in contest cases involving lands entered under the federal statutes,1 or to petition congress for a redress of grievances, or to give information to the proper authorities of a violation of the revenue laws, or of the right of persons in the custody of a United States marshal to be protected against assault and bodily harm, have been held to come within this provision. But it has been held not to cover conspiracies to deprive persons of life, liberty, or property without due process of law, or to deny them the equal protection of the laws, or to prevent negroes, because of their race and color, from making and performing contracts to labor," or from leasing and cultivating lands, or to kidnap and deport persons from one state into another, or to bribe voters at an election for

238 U. S. 383, 59 L. Ed. 1355, 35 Sup. Ct. 904.

93 United States v. Aczel, 219 Fed. 917, aff'd 232 Fed. 652.

94 See United States v. Welch, 243 Fed. 996; United States v. Wilcox, 243 Fed. 993.

95 Davis v. United States, 107 Fed. 753, aff'g 103 Fed. 457; United States v. Patrick, 54 Fed. 338.

96 United States v. Lancaster, 44 Fed. 896.

97 Smith v. United States, 157 Fed. 721, certiorari denied 208 U. S. 618, 52 L. Ed. 647, 28 Sup. Ct. 569. And see Taylor v. United States, 244 Fed. 321.

98 United States v. Waddell, 112 U. S. 76, 28 L. Ed. 673, 5 Sup. Ct. 35. 99 Montoya v. United States, 262 Fed. 759.

1 Foss v. United States, 266 Fed. $81.

2 United States v. Cruickshank, 92

U. S. 542, 23 L. Ed. 588.

3 Motes v. United States, 178 U. S. 458, 44 L. Ed. 1150, 20 Sup. Ct. 993; In re Quarles, 158 U. S. 532, 39 L. Ed. 1080, 15 Sup. Ct. 959.

4 Logan v. United States, 144 U. S. 263, 36 L. Ed. 429, 12 Sup. Ct. 617.

5 Logan v. United States, 144 U. S. 263, 36 L. Ed. 429, 12 Sup. Ct. 617; United States v. Cruickshank, 92 U. S. 542, 23 L. Ed. 588; United States v. Powell, 151 Fed. 648, aff'd 212 U. S. 564, 53 L. Ed. 653, 29 Sup. Ct. 690.

6 Logan v. United States, 144 U. S. 263, 36 L. Ed. 429, 12 Sup. Ct. 617; United States v. Cruickshank, 92 U. S. 542, 23 L. Ed. 588.

7 Hodges v. United States, 203 U. S. 1, 51 L. Ed. 65, 27 Sup. Ct. 6.

8 United States v. Morris, 125 Fed. 322.

9 Bisbee deportations. United States V. Wheeler, 254 Fed. 611.