The Judge Who Declared Unions Illegal

The district court of the Third Judicial District was convened at the King County courthouse... Chief Justice Thomas Burke presiding.

When court was called to order at 1:30 p.m., the new venire of jurors was called and the following grand jury was selected therefrom and from the original venire: W. A. Burtenshaw, A. Guadt, J. C. Masei, Benjamin Cade, Patrick Hayes, J. F. Bands!, J. K. Clark, R. Ashworth, W. G. Young, Salem Foosangh, Stephen Slick, John Faraham, J. W. Hunt, Samuel Tumas, P. J. Smith, J. W. Maryott, L. Paterson, L. J. Burr, Stephen Horry, Carl Nelson.

The auditorium was then cleared of spectators and the 70 or more prisoners held in custody to answer for offenses against the territory were marched into court... Judge Burke then delivered the following charge to the grand jury:

CHARGE TO THE JURY Gentlemen of the Grand Jury: The law provides that the grand Jury shall be charged by the court as to the nature of their duties. This the court now proceeds to do, as directly and in as few words as possible.

...You are not bound to hear evidence for the defendant, but it is your duty to weigh all the evidence submitted to you...

In addition to what I have already said to you, I wish briefly to call your attention to one or two other matters of grave importance to this community. When two or more persons combine, on any pretext whatever, to prevent a man from working at any lawful calling, or to prevent him from getting employment, or to interfere with him in his lawful pursuits, they are guilty of a conspiracy and indictable under the law. In this country it is the right and privilege of every man while acting within the law, to pursue his happiness in his own way, without hindrance or molestation from any one. He may seek employment from whom and where he pleases. He has the right to earn a living for himself and for his family in any line of honest endeavor that to him seems best. In this the law guarantees to him absolute freedom of choice, and if it did anything less, he would cease to be a free man.

In the United States of America it can never be made condition of man's employment that he must first join any particular society or any particular organization. Every individual is at perfect liberty to do in that regard as he pleases. Whenever, therefore, any body of men, society or organisation undertake to deprive any man of the right to earn an honest livelihood for himself or his family because he not belong to such society or organization, they not only invade his dearest rights, but they violate the fundamental law of the land the law which forms the basis of all our liberties; and any organisation, society or body of men, whatever their professions may be, that make fellowship in their organisation a condition upon which they will allow other men to obtain employment or earn a living are conspirators against the law of the land and should be promptly punished as such. Men composing such organizations and who support such arbitrary conduct are ignorant of what true freedom means, and have yet to learn the first principles of American liberty. Their idea of freedom seems to be to starve or destroy all of those who differ in opinion from them. When you prevent a man from earning a living you destroy him. This is a power not possessed by the most despotic governments, and in the United States the exercise of such a power by any body of men must not be tolerated for a moment.

This, it must not be forgotten, is a country governed by laws constitutionally enacted and not by men. The events which have recently occurred in this county make it my duty to call your attention to these matters and to direct you to inquire whether in point of fact the offence herein referred to has been committed: and, if so, you will indict all such persons as have so participated therein as to be guilty of the offence.