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+The Project Gutenberg EBook of Industrial Conspiracies, by Clarence S. Darrow
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Industrial Conspiracies
+
+Author: Clarence S. Darrow
+
+Release Date: December 21, 2009 [EBook #30731]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK INDUSTRIAL CONSPIRACIES ***
+
+
+
+
+Produced by Bryan Ness, Ritu Aggarwal and the Online
+Distributed Proofreading Team at https://www.pgdp.net (This
+file was produced from images generously made available
+by The Internet Archive/American Libraries.)
+
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+The earth is moving, the universe is working, all the laws of creation
+are working toward justice, toward a better humanity, toward a higher
+ideal, toward a time when men will be brothers the world over.
+
+
+                       Industrial Conspiracies
+
+                        By CLARENCE S. DARROW
+          Noted Lawyer, Philosopher, Author and Humanitarian
+
+
+                              =Price 10c=
+
+
+
+
+The earth is moving, the universe is working, all the laws of creation
+are working toward justice, toward a better humanity, toward a higher
+ideal, toward a time when men will be brothers the world over.
+
+
+                       Industrial Conspiracies
+
+                        BY CLARENCE S. DARROW
+          Noted Lawyer, Philosopher, Author and Humanitarian
+
+Lecture delivered in Heilig Theatre, Portland, Oregon, September 10,
+1912.
+
+Stenographically reported and published by permission of the author.
+
+
+               Published by Turner, Newman and Knispel,
+                    Address Box 701 Portland, Ore.
+
+
+Single copies of this lecture may be had by sending 10 cents to
+publishers, 100 copies $6.00, $50.00 per thousand.
+
+Orders must be accompanied by cash or money order. Postage will be
+prepaid.
+
+Make checks payable to Otto Newman, Publisher.
+                             Box 701, Portland, Oregon.
+
+
+                         =ALL RIGHTS RESERVED=
+
+
+
+
+Publisher's Note.--This address was delivered shortly after Mr.
+Darrow's triumphant acquittal on a charge growing out of his defense
+of the McNamaras at Los Angeles, California. The man, the subject
+and the occasion makes it one of the greatest speeches of our time.
+It is the hope of the publishers that this message of Mr. Darrow's
+may reach the millions of men, women and youth of our country, that
+they may see the labor problem plainer and that they may receive hope
+and inspiration in their efforts to make a better and juster world.
+                                                  PAUL TURNER,
+                                                  OTTO NEWMAN,
+                                                  JULIUS KNISPEL.
+
+
+       Copyright, October 3, 1912, by Turner, Newman & Knispel.
+
+
+
+
+                       Industrial Conspiracies
+
+                        By CLARENCE S. DARROW
+
+
+Mr. Darrow said:
+
+I feel very grateful to you for the warmth and earnestness of your
+reception. It makes me feel sure that I am amongst friends. If I had
+to be tried again, I would not mind taking a change of venue to
+Portland (applause); although I think I can get along where I am
+without much difficulty.
+
+The subject for tonight's talk was not chosen by me but was chosen for
+me. I don't know who chose it, nor just what they expected me to say,
+but there is not much in a name, and I suppose what I say tonight
+would be just about the same under any title that anybody saw fit to
+give.
+
+I am told that I am going to talk about "Industrial Conspiracies." I
+ought to know something about them. And I won't tell you all I know
+tonight, but I will tell you some things that I know tonight.
+
+The conspiracy laws, you know, are very old. As one prominent laboring
+man said on the witness stand down in Los Angeles a few weeks ago when
+they asked him if he was not under indictment and what for, he said he
+was under indictment for the charge they always made against working
+men when they hadn't done anything--conspiracy. And that is the charge
+they always make. It is the one they have always made against
+everybody when they wanted them, and particularly against working men,
+because they want them oftener than they do anybody else. (Applause).
+
+When they want a working man for anything excepting work they want him
+for conspiracy. (Laughter). And the greatest conspiracy that is
+possible for a working man to be guilty of is not to work--a
+conspiracy the other fellows are always guilty of. (Applause). The
+conspiracy laws are very old. They were very much in favor in the Star
+Chamber days in England. If any king or ruler wanted to get rid of
+someone, and that someone had not done anything, they indicted him for
+what he was thinking about; that is, for conspiracy; and under it they
+could prove anything that he ever said or did, and anything that
+anybody else ever said or did to prove what he was thinking about; and
+therefore that he was guilty. And, of course, if anybody was thinking,
+it was a conspiracy against the king; for you can't think without
+thinking against a king. (Applause). The trouble is most people don't
+think. (Laughter and applause). And therefore they are not guilty of
+conspiracy. (Laughter and applause).
+
+The conspiracy laws in England were especially used against working
+men, and in the early days, not much more than a hundred years ago,
+for one working man to go to another and suggest that he ask for
+higher wages was a conspiracy, punishable by imprisonment. For a few
+men to come together and form a labor organization in England was a
+conspiracy. It is not here. Even the employer is willing to let you
+form labor organizations, if you don't do anything but pass
+resolutions. (Laughter and applause).
+
+But the formation of unions in the early days in England was a
+conspiracy, and so they used to meet in the forests and in the rocks
+and in the caves and waste places and hide their records in the earth
+where the informers and detectives and Burnes' men of those days could
+not get hold of them. (Applause). It used to be a crime for a working
+man to leave the county without the consent of the employer; and they
+never gave their consent. They were bought and sold with the land.
+Some of them are now. It reached that pass in England after labor
+unions were formed, that anything they did was a conspiracy, and to
+belong to one was practically a criminal offense. These laws were not
+made by Parliament; of course they were not made by the people. No law
+was ever made by the people; they are made for the people (applause);
+and it does not matter whether the people have a right to vote or not,
+they never make the laws. (Applause).
+
+These laws, however, were made by judges, the same officials who make
+the laws in the United States today. (Applause).
+
+We send men to the Legislature to make law, but they don't make them.
+
+I don't care who makes a law, if you will let me interpret it.
+(Laughter). I would be willing to let the Steel Trust make a law if
+they would let me tell what it meant after they got it made.
+(Laughter). That has been the job of the judges, and that is the
+reason the powerful interests of the world always want the courts.
+They let you have the members of the Legislature, and the Aldermen and
+the Constable, if they can have the judges.
+
+And so in England the judges by their decisions tied the working man
+hand and foot until he was a criminal if he did anything but work, as
+many people think he is today. He actually was at that time, until
+finally Parliament, through the revolution of the people, repealed all
+these laws that judges had made, wiped them all out of existence, and
+did, for a time at least, leave the working man free; and then they
+began to organize, and it has gone on to that extent in England today,
+that labor organizations are as firmly established as Parliament
+itself. Much better established there than here.
+
+We in this country got our early laws from England. We took pretty
+much 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 as the judges
+tell us what it means.
+
+The Steel Trust has not been hurt. They are allowed to go their way,
+and they have taken property, which at the most, is worth three
+hundred million dollars and have capitalized it and bonded it for a
+billion and a half, or five dollars for every one that it represents,
+and the interests and dividends which have been promptly paid year by
+year have come from the toil and the sweat and the life of the
+American workingman. (Applause). And nobody interferes with the Steel
+Trust; at least, nobody but the direct action men. (Laughter and
+applause). The courts are silent, the states' attorneys are silent;
+the governors are silent; all the officers of the law are silent,
+while a great monster combination of crooks and criminals are riding
+rough-shod over the American people. (Applause). But it is the working
+man who is guilty of the industrial conspiracy. They and their friends
+are the ones who are sent to jail. It is the powerful and the strong
+who have the keys to the jails and the penitentiaries, and there is
+not much danger of their locking themselves in jails and
+penitentiaries. The working man never did have the keys. Their
+business has been to build them and to fill them.
+
+There have been other industrial conspiracies, however, which are the
+ones that interest me most, and it is about these and what you can do
+about them and what you can't do about them that I wish to talk
+tonight.
+
+The real industrial conspiracies are by the other fellow. It is
+strange that the people who have no property have been guilty of all
+of the industrial conspiracies, and the people who own all the earth
+have not been guilty of any industrial conspiracy. It is like our
+criminal law. Nearly all the laws are made to protect property; nearly
+all the crimes are crimes against property, and yet only the poor go
+to jail. That is, all the people in our jail have committed crimes
+against property, and yet they have not got a cent. The people
+outside have so much property they don't know what to do with it, and
+they have committed no crime against property. So with the industrial
+conspiracies, those who are not in trade or commerce are the ones who
+have been guilty of a conspiracy to restrict trade and commerce, and
+those who are in trade and commerce that have all the money have not
+been guilty of anything. Their business is prosecuting other people so
+they can keep what they have got and get what little there is left.
+
+But there are real industrial conspiracies. They began long ages ago,
+and they began by direct action, when the first capitalist took his
+club and knocked the brains out of somebody who wanted a part of it
+for himself. That is direct action. They got the land by direct
+action. They went out and took it. If anybody was there, they drove
+them off or killed them, as the case might be. It is only the other
+fellow that can't have direct action. They got all their title to the
+earth by direct action. Of course, they have swapped it more or less,
+since, but the origin is there. They just went out and took possession
+of it, and it is theirs. And the strong have always done it; they have
+reached out and taken possession of the earth.
+
+A few men today can control all the industry and do control all of the
+industry of this country. A dozen men sitting around the table in a
+big city can bring famine if they wish; they can paralyze the wheels
+of industry from one end of the United States to the other, and the
+prosperity of villages, cities and towns, and the wages of its people
+depends almost entirely upon the wills of a dozen men.
+
+They have taken the mines; and all the coal there is in the United
+States, or practically all, is controlled today by a few railroad
+companies who can tell us just what we must pay, and if we are not
+willing to pay it, we can freeze; and we respect private property so
+much that we will stand around and freeze rather than take the coal
+that nature placed in the earth for all mankind. (Applause).
+
+All the iron ore in the United States that is worth taking is owned
+and controlled by the Steel Trust, one combination with a very few men
+managing the business; not more than a half a dozen absolutely
+controlling it have their will; and nobody can have any iron ore, or
+mold it or use it, excepting at the will of a few men who have taken
+possession of what nature placed there for all of us, if we were wise
+enough to use it and understand it. And the great forests of the
+United States, what is left of them--and there is not so very much
+left. We are a wise people. We pass laws now for the protection of
+timber in the United States, so it won't be destroyed too fast, and at
+the same time, we put a tariff duty of two dollars a thousand on
+lumber that comes from somewhere else so that it will be destroyed at
+a high price. (Laughter and applause). We are the wisest set of people
+of any land that the sun ever shone upon. And if you don't believe it,
+ask Roosevelt when he comes here. (Laughter and applause).
+
+A few men control what is left of the forests, a few men and a few
+great corporations have taken the earth, what is good of it. They have
+left the arid lands, the desert and the mountains which nobody can
+use,--the desert for sand heaps and the mountains for scenery. They
+are now taxing the people to build reservoirs so that the desert will
+blossom; and after it begins to blossom, they will take that.
+(Applause). And even if they didn't own the land, they own all the
+ways there are of getting to it, and they are able to take from the
+farmer just so much of his grain as they see fit to take, and so far
+as the farmer is concerned, I wish they would take it all (laughter
+and applause), because he always has been against the interests of
+every man that toils, including himself. (Applause). And they are able
+to say to the working man engaged in industry just how much of his
+product they will take, and from him they take just enough to leave
+him alive. They have got to leave him alive, or he can't work, and
+they have got to leave him enough strength and ambition to propagate
+his species or the rich people can't get their work done in the next
+generation. And that is all that they are bound to leave him.
+
+They own the railroads, the mills, the factories, and all the tools
+and implements of trade and commerce, and the workingman has only one
+thing to sell. That is his labor, his life; and he has to sell that to
+the highest bidder.
+
+There are only a few of these men who own the earth and all of its
+fullness. There are millions and millions of the people who do the
+work, and if you can keep these millions and millions disorganized and
+competing with each other, they will keep wages down themselves
+without any help from the bosses. (Loud applause). On the other hand,
+there are so few men who own the earth and the tools that they find it
+perfectly easy to combine with each other and regulate the price of
+their products, and they have learned better than to compete, and
+there is no way for the wit of man to make and interpret any law which
+will ever set them to competing again. They have managed to control
+the price of their products, and charge what they see fit and all they
+need is to buy their raw material in the open markets of the world as
+cheaply as they can, and labor is the principal raw material that they
+use. So of course they want free trade in labor, and protection in
+commodities; and they have always had it, and our wise Americans that
+are the marvel of the day, including the working people, have
+cheerfully given them protection in the commodities that they sell and
+free trade in the labor which they buy. (Applause). And they thought
+by protecting the Steel Trust, so there can't be any foreign
+competition that it will make the Steel Trust so rich that they can
+afford to pay high prices to their working men. It is one thing to
+make a man rich enough so he can afford to pay high wages; it is
+another thing to make him pay. (Laughter).
+
+So the employer and the capitalist have combined in all industry, and
+they fix the price to suit themselves and insist that the workingman
+shall come to them individually and unorganized and compete with each
+other for a day's labor, so they can buy labor at the smallest cost
+and if, perchance, there are not working men enough here, they want
+the ports of the world opened so they can draw on China or Japan or
+any other country on the face of the earth, and get working men there
+to work for them at the smallest price.
+
+The game is simple and easy. It seems as if it were simple enough for
+an American farmer to understand; but he doesn't. (Laughter).
+
+Now, the original conspiracy, industrial conspiracy, has been on the
+part of the strong to take the earth, and they have got it. They own
+it, and all they need now is to get enough working men and women at a
+low enough price to make them as much wealth as they want. It is
+pretty hard to fill that market, they want so much; but that is all
+they need. And the conspiracy on the other side of the workingman of
+the United States is the same conspiracy as the conspiracy of the
+workingman of the world, and it has only one object. We may temporize;
+we may be content with a little; we may stop at half measures, but in
+the end it only has one object, and that is for the workers of the
+world to take back the earth that has been taken from us. (Cries of
+hurrah and loud cheering).
+
+Take it back, and have all the products of their toil, not part of it,
+but all of it. Now, it is a long road. It is a universal, world-wide
+conspiracy by the intelligent working people and by their friends the
+world over to get back the earth that has been stolen by direct
+action. (Applause).
+
+Now, no one who understands this question wants anything less and the
+employer is right when he says if workingmen are permitted to
+organize they won't stop with that; and they won't. (Applause). You
+may place every lawyer on the bench and you may place a jail in every
+block and a penitentiary in every ward, and the workingmen won't stop.
+(Applause). If they will, they deserve to be workingmen forever.
+(Applause).
+
+The employer understands that if workingmen organize something will be
+doing; and so he does not believe in organization. Sometimes he says
+he does, but he does not. If workingmen must organize, then the thing
+is to keep them as quiet as they can, to turn their labor meetings
+into prayer meetings. (Laughter and applause). They are entirely
+harmless. They don't help the people who pray, and the Lord has always
+been so far away from the workingman that it doesn't bother Him
+either. (Laughter). They are willing even, as I have said, to let them
+pass resolutions, but that is about the limit. (Laughter). They
+understand that one thing leads to another, and if they concede higher
+wages today, next year they will want another raise and so they will.
+There is no danger of raising it too high for a long while to come.
+And if they concede shorter hours today, next year they may want them
+shorter still. Everybody is working for shorter hours, especially the
+people who don't work. And they are all working for bigger pay; even
+those who get all there is, they want more. And of course, there will
+be no stopping, there will be no end to the demand, until we get it
+all, and that is a long way off.
+
+And the question is how? And that is not so easy. It is easier to tell
+how you can't get it than to tell how you can get it. It is easier to
+tell how you haven't got it than how you are going to get it.
+
+There is another thing that they are fairly well satisfied with: They
+don't worry much about voting. They have been satisfied to let all the
+men vote, and they have still kept their property. (Laughter). They
+will be satisfied to let all the women vote, and they will still keep
+their property. Voting has not done very much. We have been
+practicing at it for more than a hundred years, and it is a nice
+little toy to keep people satisfied, but that is all it has done so
+far. (Applause).
+
+Of course, here and there we have been able to pass a few laws. For
+instance, we have statutes which forbid women from working in a
+factory more than ten hours a day. (Laughter). Now, we have done
+something. (Laughter and applause). We have statutes forbidding men to
+labor more than a certain number of hours a day. That is, people like
+to work; they love it so dearly that you have to pass a law to keep a
+working man from working. (Laughter).
+
+When we pass laws to keep men and women from working it ought to show
+the stupidest mind that there is something terribly wrong with the
+industrial conditions under which we live. If men had a chance to work
+and get all the proceeds of their work, you would not have to pass
+laws to keep them from working. They would stop soon enough. And if
+every man could employ his own labor and receive the full product of
+his toil it would make no difference how hard your neighbor worked, it
+would not hurt you in the least, and you could let him work himself to
+death if he wanted to.
+
+The only difficulty is under the patch work industrial system of today
+where a few men own all the earth, and all the factories and mills and
+are compelled to sell their product to the workingman, they give him
+such a small share of that product that the workingmen haven't
+anything to buy it with. They can't buy it back, and so there is not
+work enough to go around. And for that reason we are tinkering up this
+old system of laws to keep people from working, and we pass a law to
+limit the number of hours that a man can work and to limit the number
+of hours that a woman can work, and to limit the age at which a little
+child can be fed into a factory or a mill.
+
+Do you suppose that the fatherhood and the motherhood of the people
+of the United States is not of a high enough grade so they would not
+send their children to a factory or a mill if there was any way to
+avoid it? And do you think under any fair system of industry and life
+we would ever need a law to keep a child out of a factory or a mill?
+(Applause).
+
+We have managed to pass some laws to require safety appliances in
+factories and in mills and upon railroads. For instance, to put a
+guard on a buzz saw so that a workingman won't saw his hand instead of
+sawing the wood. (Laughter). But if a workingman had any chance to
+employ his labor and get what he produced he would not be fooling with
+a buzz saw and there would be no need of it and he would look out for
+the safety of the machines himself and do it a great deal better than
+the Government ever did it or can ever possibly do it. (Applause). So
+we have done everything and tried everything, excepting to strike at
+the root of any evil and accomplish something of real value. We have
+even passed laws excluding the Chinaman and the Jap from the United
+States. That is, we love our own people so dearly that we won't let
+the Chinaman or the Jap do the work for them. (Laughter). We want our
+people to have all the work, and if they come here and volunteer to do
+it we won't let them; for work is a blessing under the present
+industrial system. We have to work. If we stop we starve.
+
+Now, I could imagine a system, and it seems to me that most all of you
+could imagine a system that was so fair and so just and so equal that
+if any body of philanthropic heathens would agree to come over here
+and do our work for us, we would go and play golf or run automobiles
+whilst they were doing it; but with a condition of life where a few
+men have it all and the rest can only live if they have the work to
+do, why no one can do it for us; we have got to do it ourselves. We
+can't even allow a machine to do it, for every time we get the machine
+to do the work it takes the place of a man or two, or more, and they
+go out to beg or tramp or starve, as the case may be.
+
+We have got a wonderful system of industry, and industrial life. If
+anybody ever invented it, which they didn't, he must have been
+standing on his head and drunken at the time he did it. (Laughter and
+applause).
+
+And now what are we going to do about it? We have the great mass of
+men living upon the will of a few and taking what they can get, and we
+have got to get back the earth. A small job. Some people would say,
+"Well, if you have got to get it back why don't you go and take it?"
+Well, we don't. Some people say we have got to vote it back, and some
+say we have got to get it back through labor organizations, and some
+say we have got to have a good deal more than that.
+
+I don't know. But I want to say some things about political action. If
+we are going to get at it in that way we first had better understand
+the size of the contract, and there are a great many people who don't.
+(Applause).
+
+We have been voting a long time, and we have a democracy. Everybody
+can vote--every man past twenty-one. If we are not doing well enough
+we are going to let the women vote; then if we don't do any better we
+will let the children vote, and then we will get somewhere.
+(Applause). If we are going to get out of this muss by voting, why,
+let's have a little of it. We had better have an election every day,
+because if we can do it that way it is about the simplest there is.
+But we have been working at it a long while and we are getting in
+worse all the time.
+
+In the first place, how many of us understand our system of
+government? We hear people talk about it on the Fourth day of July,
+and they run for an office in the fall. The most glorious system ever
+invented by the wit of man!
+
+I want to say that it is about the craziest system that was ever
+conceived in the brain of man. (Applause).
+
+Our system of government never was conceived in the brain of man,
+because no man or combination of men were ever foolish enough and weak
+enough to conceive them. It is a system of blunders. If you would
+elect for the next hundred years a president as wise as Roosevelt
+(laughter and applause) you could not move a peg.
+
+Let me just tell you why. Suppose we want to pass a law. As I have
+said, we pass little fool laws and nobody pays much attention to them.
+They don't hurt anybody and they let them go. But suppose we want to
+pass a law of substance, if there is any such thing as a law of
+substance; suppose we want to do it, something affecting fundamental
+rights, now how are we going to get at it?
+
+One hundred and twenty-five years ago and more a body of men, very
+wise for their day and generation, met to form the constitution. They
+had just been indulging in a little direct action against England.
+(Laughter). They could have sent members to Parliament up to now and
+we would have still been British subjects. I don't know as we would
+have been any worse off if we had been. But they got at it simply and
+directly, and so they won our American independence. I don't know just
+when it was lost, but they won it. (Applause). And the first thing
+they did was to have a constitution.
+
+You can't do anything without a constitution. You have got to have a
+good constitution to get anywhere.
+
+And so they got together a body of men, John Hancock and some more
+penmen, and they wrote a constitution.
+
+Now, what is a constitution? Why, it is just the same as if a boy,
+twenty-one years of age, would say, "Well, now, I have become of age,
+and I am wise, and I am going to write out a constitution to cover the
+rest of my life, and when I am forty I can't do anything that is
+unconstitutional."
+
+There wasn't a railroad one hundred and twenty-five years ago; there
+wasn't a steam engine; there wasn't a flying machine, of course, nor
+an automobile. Nobody knew anything about electricity, except what
+came down from the clouds and they were busy dodging it. There were
+few machines; there was just a body of farmers--that's all. (Laughter
+and applause). And they wrote the constitution, and there it is. It
+didn't apply to the industrial conditions of today, for they didn't
+know anything about the industrial conditions of today, but they
+imagined that they were so wise that lest people one hundred and
+twenty-five years later should think they knew more they would tie
+things up so that we could not make a fool of ourselves, to the third
+or fourth generation after they were dead. (Laughter). And so they
+wrote down a constitution which meant that whatever the American
+people wanted to do a hundred, or two hundred, or five hundred years
+afterward, they could not do it unless it agreed with the constitution
+that had already been written down or unless they changed it.
+
+Well now, that was a wise piece of business so far, wasn't it? But
+that is only the beginning of it.
+
+Then they organized this government into separate states. I don't know
+how many there are now, they are hatching some new ones all the while.
+But every state was independent in a way, and in a way it was united
+with all the rest. Nobody knows just how much independence there is
+and how much union there is. Nobody knows but the judges, and they
+only know in the particular case. They can say this goes or this does
+not go; nobody can tell until they get there. (Laughter). What comes
+within the state province and what comes within the national province
+nobody knows, nor ever did know. The states are individual and
+separate to make laws for themselves. Each one of them has a law
+factory of their own, and they are all busy; and the United States
+Government has another big law factory, and they have all been
+grinding out laws for a hundred years and not only that but the courts
+have been telling us what they mean and what they don't mean; so it
+has been pretty busy for the lawyer.
+
+Then they decided that they should have a congress, which consisted of
+the senate, where men were selected for six years, not by the people
+but by state legislatures, and a congress where men were elected for
+two years by the people. But these congressmen elected for two years
+didn't take their seat for a year after they were elected, and time to
+forget all about the issue on which they were elected. (Laughter). And
+not satisfied with that, they had to have a Supreme Court to tell us
+what congress or the senate meant, and the Supreme Court was appointed
+for life and not beholden to anybody; and they are generally about a
+hundred years old apiece. (Laughter). And then they had a president,
+who was elected for four years, and who had a right to veto anything
+that congress and the senate saw fit to pass, and if he vetoed it you
+could not pass it except by a two-thirds majority of both houses. And
+there you have got it, so far as the United States Government is
+concerned. But that is not nearly all.
+
+So if you want to pass some important law, let's see what you have to
+do. Of course, little laws don't count, for you can't keep up a
+factory unless you do something, pass laws one year and repeal them
+the next, or some little thing like that, to save the job. But take an
+important thing, an issue coming up from the people, one ultimately
+meaning the taking of the earth. Nothing else is important. It may be
+in one form or another, but it must have that purpose, or it won't be
+important, because you can't regulate things that belong to other
+people very successfully; you have got to get it yourselves.
+(Applause). Now, let's see what you have got to do.
+
+In the first place, you must elect a congress, and the congress does
+not take its seat for a year after they are elected; and then they run
+up against the United States senate, holding six year terms, and
+one-third of them passing away each two years, none of them elected
+upon the issue upon which congress were elected, mostly old men and
+generally rich men--rich enough to get the job. (Laughter). Now you
+have got to get the law through congress and through the senate both,
+which is well nigh impossible, if it is a law of any consequence. And
+then here comes a president, who is elected by the people for four
+years, and he must sign it, and if congress and the senate or the
+president refuses, then you can't do it. Excepting if the president
+refuses then you have got to get two-thirds of both the houses, which
+is impossible if the law amounts to anything, and then you have only
+begun. If you should happen to get all these three at once, which we
+never did and never will on anything very important because the claws
+are all cut out of any bill before it ever gets very far,--then you
+have only begun. Then here is this document, this sacred document
+which came down from Mount Sinai one hundred and twenty-five years
+ago, The Constitution, and you lay down the law beside the
+Constitution and see whether it is unconstitutional or not and of
+course you could not tell. You would not know anything about it.
+Congress could not tell; the senate could not tell; the president
+could not tell. There is only one tribunal that could tell, and that
+is the Supreme Court. And while the Constitution fills about ten
+pages, the interpretation of the Constitution will fill a hundred
+volumes or more. (Laughter). And the Constitution is not what is
+written in ten pages but it is what is written in the decisions of the
+judges covering over a hundred years; and they don't always agree, at
+that, which makes some of them right. If they all agreed probably none
+of them would be right. (Laughter).
+
+So if you should ever succeed in getting a law past congress with its
+two year term, and the senate with its six, and the president with his
+four, any one of whom may block it, and will, if it is important, then
+you have got to pass it to these wise judges who are not elected at
+all and who have no interests with the people because they are
+holding their office for life and they have been there so long and got
+so old that they don't understand any of the new questions anyhow, and
+could not, and who have the conservatism of age anyway, and they have
+got to decide whether that law is constitutional or not, and before
+they have decided it and before it has run the gauntlet of all of
+them, even if they decided it right you would not need the law. The
+law would be dead. (Laughter). But you must combine on all these four
+things before you can accomplish anything.
+
+And that is not all. Then you must decide whether the law is within
+the province of the state or the nation; whether it is state business
+or whether it is national business; and most of our laws are state
+laws and when we get back to the state we find the same old story.
+Wonderful wisdom! Here is first a constitution, which is nothing
+except as I illustrated, a boy twenty-one years old swears he won't
+know any more when he is fifty, and that kind of a boy generally does
+not. (Laughter). And we have a legislative body to make laws, composed
+of a house and a senate, two bodies, one not being wise enough to make
+them themselves; and we have a governor with a veto, and a Supreme
+Court to say whether the law is constitutional or not. The same thing
+in the state and the same thing in the nation. Then we have got to see
+whether it is in the province of the nation or the state, and you see
+it is next to impossible to ever get a constitutional law that amounts
+to anything, and we have never done it.
+
+But, they say, this is a country where people vote, and if you don't
+like the law, why change it. If you didn't vote there would be some
+excuse for direct action, but as long as you vote you can change the
+law. (Applause). The trouble is you can't change it. You haven't got a
+chance. How can you change one of these laws that are important? How
+can you appeal to the people, first of all, and change it with the
+people? And next, how could you possibly elect a congress and a
+senate and a president and a Supreme Court all at once, that ever
+would make any substantial change, or ever did?
+
+"Well," they say, "if the Constitution fetters you too much, why,
+change the Constitution. The Constitution provides that it can be
+changed." And so it does; but how?
+
+You can change the Constitution of the United States. You could change
+Mt. Hood, but it would take a pile of shovels. (Laughter). You could
+change Mt. Hood a good deal easier. It could be done. The law provides
+that if you pass a law through congress and the senate and it is
+signed by the president, to change the Constitution, you may submit it
+to the people and if three-fourths of all the states in the Union
+consent to it, why you can change it. What do you think of that?
+
+Do you suppose there is any power on earth that ever could get a law
+through congress and the senate, approved by the senate, and then get
+three-fourths of the individual states in the Union to approve it? You
+and your children and your children's children would die while you are
+doing it.
+
+The best proof of that is the fact that we have had a constitution for
+one hundred and twenty-five years, and the Lord knows it needs
+patching. It needs something worse: It needs abolishing worse than
+anything else. (Applause).
+
+If anybody does want to tinker with voting the first thing necessary
+is to get rid of the constitution. We have had one for a hundred and
+twenty-five years with a provision for changing it. It has needed
+change. It needs it all the while, and yet it has never been changed
+but once. They passed several amendments all in a heap. What were
+those? Those were amendments growing out of the Civil War, and they
+didn't permit any of the Southern States to vote. They just ran them
+over their heads, and they were all amendments protecting the negroes
+after enfranchisement. And those are the only amendments we have had
+in one hundred and twenty-five years, and it took a war to get
+those--considerable direct action.
+
+Why, if a body of ingenious men had gotten together to make the frame
+work of a government to absolutely take from the people all the power
+they possibly could, they could not have contrived anything more
+mischievous and complete than our American form of government.
+(Applause).
+
+Russia is easy and simple compared with this. If you did happen to get
+a progressive, kindly, sympathetic, humane Czar, which you probably
+won't, but if you did you could change all the laws of Russia and you
+could change them right away and get something. But if you got the
+wisest and kindest and most sympathetic man on earth at the head of
+our government he could not do anything; or if you filled congress
+with them they could not do anything, or the senate they could not,
+and the Supreme Court could not. You would have to fill them all at
+once, and then they would have to override all the precedents of a
+hundred and twenty-five years to accomplish it.
+
+The English Government is simplicity itself compared to it. As
+compared with ours it is as direct as a convention of the I. W. W.
+(Applause). The English people elect a Parliament and when some demand
+comes up from the country for different legislation which reaches
+Parliament and is strong enough to demand a division in Parliament and
+the old majority fails, Parliament is dissolved at once, and you go
+right straight back to the people and elect a new Parliament upon that
+issue and they go at once to Parliament and pass a law, and there is
+no power on earth that can stop them. The king hasn't any more to say
+about the laws of England, nor any more power than a floor manager of
+a charity ball would have to say about it. He is just an ornament, and
+not much of an ornament at that. (Applause). The House of Lords is
+comparatively helpless, and they never had any constitution; there
+never was any power in England to set aside any law that the people
+made. It was the law, plain and direct and simple, and you might get
+somewhere with it. But we have built up a machine that destroys every
+person who undertakes to touch it. I don't know how you are ever going
+to remedy it. Nothing short of a political revolution, which would be
+about as complete as the Deluge, could ever change our laws under our
+present system (applause) in any important particular.
+
+But while anybody is voting they had better vote the right way if they
+can find it out. If they can't it is just as well not to vote. They
+had better vote for some workingman's candidate and be counted as long
+as you are doing it. (Applause). Still any benefit that must come
+anywhere in the near future must come some other way. Workingmen have
+not raised their wages by it; they haven't shortened their hours of
+toil by it; they haven't improved the conditions of life by it; it has
+all been done in some other way. All of this has been accomplished by
+trades-unionism, by organization. If you can organize workingmen
+sufficiently so that they may make their demands strong enough you can
+accomplish something in all of these directions. (Applause). But our
+political institutions are such that before you could get anything
+like a political revolution you need an industrial revolution.
+(Applause).
+
+And then we come to face some of the problems of today, and I want to
+speak a little bit about that. I have talked to you about as long as I
+ought to tonight, but I want to say something about some matters that
+perhaps are closer home than those.
+
+We find the American workingman bound by the law, as I have
+said,--everything taken from him. He can't do anything by voting. The
+courts are almost always against him, for the simple reason that
+courts are made from lawyers, generally prominent lawyers and well
+known lawyers. In almost every instance these lawyers have been
+corporation lawyers. Their instincts are that way. Their beliefs are
+that way, and their training and heredity are that way; and they are
+not with the poor.
+
+In order to be a lawyer you must spend considerable time, if not
+studying, at least you must spend it not working. You can't work while
+you are becoming a lawyer, and you won't work afterwards. (Laughter).
+It takes eight or ten years' schooling at least. That is one reason
+why a lawyer says he should have big fees, it takes him so long to
+learn the trade. That is, the poor people support a lawyer so long
+while he is preparing that they ought to support him better while he
+is practicing (laughter); because a fellow studying to be a lawyer, or
+a doctor, or a minister--I don't know what they study to be a
+minister, but I suppose they do (laughter)--has got to be living while
+he is studying and somebody must take care of him; to take care of him
+while he is learning--after he gets it learned he takes care of
+himself.
+
+So the judges are not on your side. They don't look at things the way
+you do. They are trained differently. If they were picked out of your
+trade councils they would look at them differently and they could
+decide cases differently. Everything is in habit, and the environment
+and the training, and they are all the time fashioning the law against
+you.
+
+Then what? Workingmen find themselves hedged about wherever they turn.
+They can't employ themselves. Somebody has got the earth. They can't
+mine ore; somebody owns it. They can't get the steel to do the work
+with themselves; they have got to buy it off somebody. They can't do
+the work except for wages; the employer does it and the employer
+insists upon open competition in labor and workingmen are constantly
+fighting each other.
+
+Everybody admits that the systems must change, that the laws must
+change. They can't change them by political action, and the injustice
+goes on, and on, and on.
+
+They find children taken from school and put in factories and mills;
+their children, not the children of the rich but the children of the
+poor. The rich love their children so much that they don't put them in
+factories and mills. Only the children of the poor are put in
+factories and mills, which shows that mother love is not the same with
+poor people as it is with rich people. Still the poor people have all
+the children anyway, so there are enough. (Laughter). They are good to
+the rich and they have the children for them.
+
+They find that the life of a poor man is only about two-thirds as long
+as that of a rich man. A man dies because he is poor. A lawyer, or
+preacher or a doctor can take care of himself; but the workingman dies
+because he is poor. Lots of gray-headed lawyers and preachers and
+bankers and doctors, but there are not so very many gray-haired
+workingmen. That is lucky for them, too, because they would have to go
+to the poor house. (Laughter). Maybe they will get old age pensions
+sometimes. (Applause). It is always safe and economical to give
+workingmen old age pensions, because they never reach old age. They
+find themselves ground up by all kinds of machinery, ground to death
+under car wheels, sawed to pieces in factories and mills, falling from
+ten and twelve story buildings, picked up on the ground just one big
+spatter of blood and bones. They know these conditions are wrong and
+they can't change them, and the people who have control of it are
+squeezing them tighter and tighter all the time and they don't know
+which way to turn. And which way do they turn? They try voting. They
+don't accomplish it. They try organization, and that is hard. They try
+direct action, and that is hard, too. You wonder that they try it.
+
+Now, a great many people condemned the McNamaras. A great many working
+people condemned them. I don't say that the working people ever need
+to resort to force, or ever should resort to force, but it is not for
+me to condemn anybody who believes they should. (Applause).
+
+I know that the progress of the human race is one long bloody story of
+force and violence (applause); and from the time man got up on his
+hind legs and looked the world in the face he has been fighting, and
+fighting, and fighting for all the liberty and the opportunity that he
+has had. I think the time will come when he can stop. Perhaps it has
+come. And no one hates cruelty and force and violence more than I hate
+it. But don't let them ever tell you that all the force has been on
+our side. (Loud applause). It never has been; most all of it has been
+with them. (Applause). They are the ones who have the force, who have
+the power.
+
+Why are these standing armies and navies; and, more than that, the
+militia building their armories in every great city in the United
+States? Are they there for a foreign foe or are they there to shoot
+strikers and workingmen when the time shall come? (Loud applause). Are
+they there to protect the people from China and Japan and England, or
+are they there to protect property against the poor? (Loud and
+prolonged applause).
+
+What is a lockout in a factory or mill when they call it famine and
+want and hunger and cold, to do their work? Is that force, or is it
+peace and quietness and gentleness, and the Golden Rule?
+
+What are the policemen, what are the officers of the law, what is the
+machinery of government directed against the workingmen, holding all
+the resources of the earth in the power of a few and compelling the
+money to go to those few for the means of life? Isn't this force?
+
+What is the blacklist? Is it anything but force that drives children
+into the factories, that drives women into factories, and compels men
+to work with defective machinery for long hours and poor wages? Is it
+anything but the force of starvation and want that has always been
+used by the owners of the earth to make the poor do their bidding and
+their will?
+
+The force is there. It is not with the weak. The weak have never had
+the strength or the opportunity to use the force. And when here and
+there some man like the McNamaras and others--I don't need to mention
+them alone, excepting that I want to live to see the day that justice
+will be done to them (loud applause)--here and there when they reach
+out blindly to meet force with force, call it blind if you will, call
+it wrong if you will; I have never counseled it or advised it, perhaps
+because I am not brave enough; it is not for me to say; but call it
+blind, call it mistaken, call it what you will; but the fact will ever
+remain that men who do it never do it for their own mean personal ends
+but because they love their fellowmen. (Loud applause). And long ago
+it was written down that "Greater love hath no man than this, that he
+who would give his life for his friend." Some day, I say, it will be
+understood, and some day the world will understand that they and Wood
+who was indicted from the other side for an attempt to charge
+something to labor that labor was not guilty of, and all of these
+other indictments growing out of the same acts, that all of these acts
+were not individual acts at all, but they were a part of a great
+industrial tragedy of a great evolution of society; that they are what
+are called social crimes or social acts for which these men were
+responsible in no degree. They were a part of a machine; they were
+risking their lives; a part of a system; and, do what you will, others
+will be ground out of it forever and forever, until the system shall
+change and until there will be some equity and justice in the world.
+(Loud applause).
+
+The world is changing, and every person is doing his part in his own
+way. It is not for you to criticize me or for me to criticize you, but
+to judge men by their motives and to judge them by the side they are
+on. Labor must stand for its own men. (Loud applause). It must stand
+even for its own mistakes, and its own crimes if it is guilty of them.
+(Applause). There is one question, and only one, to ask concerning a
+man or concerning an act: "Was he on my side?" (Applause). You may
+counsel him to do differently; yes. You may teach him moderation, and
+believe in it; and all of us want to see peace and justice and harmony
+come out of all of these contending forces, as it one day will come;
+you may teach it and you may believe it, but the man who lets a
+thought loose in the universe can never tell what the results of that
+thought may be. It may bear fruit in a thousand ways of which we never
+dream; but even though it does and it must the thought must go forth
+to do its work and to change the face of the earth. The highest and
+the holiest and the best thought may bring on strife and war. And John
+Brown, a devoted man who believed in the liberty of the slaves, took
+his gun in his hand and went to Virginia and raised his hand in
+rebellion against the country. He was tried and convicted and hanged
+for murder, and he was guilty of murder under the laws of man, but
+under the laws of God he was a hero. The laws of justice and
+righteousness look not to the act but they look at the motive that
+moved the brain. Were they fighting on our side? Were they fighting
+for justice and humanity and the weak and the poor and the oppressed,
+as they saw it? If so, whoever they are and whatever, they demand our
+sympathy and our support. (Applause).
+
+John Brown by his act of heroism plunged the United States into a
+civil war costing hundreds of thousands of lives, and billions of
+property. But he was not responsible for the thought. It came in the
+evolution of time. And so don't think that any one man is responsible
+for any one great event in this world. The earth is moving, the
+universe is working, all the laws of creation are working toward
+justice, toward a better humanity, toward a higher ideal, toward a
+time when men will be brothers the world over. (Applause). The
+evolution will not all be peaceful. It can't be. There will be
+conflict and blood shed; there will be prisons, there will be jails,
+but through it all this same humanity that has come onward and upward
+from the brute below us, onward and upward to where we are today, this
+same humanity will be growing in wisdom and strength and
+righteousness, and the good and the evil, the peace and the charity,
+the violence and all, will be combined to make man better and make the
+world juster and fairer than it has ever been before. (Loud applause).
+
+(At the conclusion of the address of Mr. Darrow at the suggestion of a
+member of the audience three lusty cheers were given for the speaker).
+
+
+
+
+                         TRANSCRIBER'S NOTES
+
+
+1. Passages in bold are indicated by =bold=.
+
+2. Other than the misprint corrections listed below, printer's
+inconsistencies in spelling and punctuation have been retained:
+
+    "wont" corrected to "won't" (page 3)
+    Added missing period at the end of "conspiracy" (page 3)
+    "alays" corrected to "always" (page 3)
+    "Laugher" corrected to "Laughter" (page 4)
+    "appause" corrected to "applause" (page 4)
+    "guity" corrected to "guilty" (page 4)
+    "especialy" corrected to "especially" (page 4)
+    "hey" corrected to "they" (page 5)
+    "dolars" corrected to "dollars" (page 10)
+    "penitentaries" corrected to "penitentiaries" (page 10)
+    "rairoad" corrected to "railroad" (page 11)
+    "ony" corrected to "only" (page 13)
+    "Laud" corrected to "Loud" (page 13)
+    Added missing bracket at the start of "Applause)" (page 15)
+    "you" corrected to "your" (page 16)
+    "yon" corrected to "you" (page 19)
+    "can'" corrected to "can't" (page 19)
+    "yaers" corrected to "years" (page 21)
+    "voted" corrected to "vetoed" (page 21)
+    "coud" corrected to "could" (page 22)
+    "whlie" corrected to "while" (page 22)
+    Extra comma removed at the end of "four," (page 22)
+    "qoestions" corrected to "questions" (page 23)
+    "strong strong" corrected to "strong" (page 26)
+    "chidren" corrected to "children" (page 28)
+    "oe" corrected to "on" (page 28)
+    "and and" corrected to "and" (page 28)
+    "strvation" corrected to "starvation" (page 29)
+    "applaune" corrected to "applause" (page 32)
+
+
+
+
+
+End of Project Gutenberg's Industrial Conspiracies, by Clarence S. Darrow
+
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