297 F. 206 | 9th Cir. | 1924
The plaintiffs in error were indicted under section 37 of the Criminal Code (Comp. St. § 10201), and were charged with conspiracy to obstruct the passage of the mails of the United States, contrary to the provisions of section 201 of the Criminal Code (Comp. St. § 10371), and interfere with interstate commerce in violation of the act of July 2, 1890 (26 Stat. 209; Comp. St. §§ 8820-8823), in that they agreed to and did, on or about August 10, 1922, persuade, direct, and induce the operating employees of the
The plaintiffs in error rely upon the assignment that the trial court erred in denying their motion- for a new trial, and under that assignment they discuss the evidence and assert its purport to be that the plaintiffs in error, in leaving the employment of the railway company as they did, honestly 'thought they had grievances against the company in that the equipment was unsafe, that the evidence was that they had been submitted to the vituperations of insulting and abusive guards,- and that they left the company for the purpose of forcing it to consider their demands and assure them that a conscientious effort would be made to remedy the conditions complained of, and they contend that the fact that the mails were retarded and transportation in interstate commerce was interfered with, cannot of itself and without proof that such result was contemplated by the men to be one of the objects of their action, sustain a conviction for conspiracy, and it is argued that there is no evidence that the retarding of the mails or transportation of interstate commerce or the inconveniencing of passengers on the trains was an object of their quitting the service of the company.
On the issue so submitted to them, the jury found against the plaintiffs in error, and no ground is presented to this court for interfering with the judgment of the trial court thereupon rendered.
The judgment is affirmed..