The opinion of the court was delivered by: WELSH
We will first consider the Act of Congress of June 18, 1934, commonly known as the Anti-Racketeering Act (18 U.S.C.A. §§ 420a-420e).For the purpose of better understanding its applicable provisions, we will set it out at length, as follows:
"§ 420a. Interference with trade and commerce by violence, threats, etc.; penalties.
"Any person who, in connection with or in relation to any act in any way or in any degree affecting trade or commerce or any article or commodity moving or about to move in trade or commerce --
"(a) Obtains or attempts to obtain, by the use of or attempt to use or threat to use force, violence, or coercion, the payment of money or other valuable considerations, or the purchase or rental of property or protective services, not including, however, the payment of wages by a bonafide employer to a bona-fide employee; or
"(b) Obtains the property of another, with his consent, induced by wrongful use of force or fear, or under color of official right; or
"(c) Commits or threatens to commit an act of physical violence or physical injury to a person or property in furtherance of a plan or purpose to violate subsections (a) or (b); or
"(d) Conspires or acts concertedly with any other person or persons to commit any of the foregoing acts; shall, upon conviction thereof, be guilty of a felony and shall be punished by imprisonment from one to ten years or by a fine of $10,000, or both. * * *
"§ 420d. * * * Provided, That no court of the United States shall construe or apply any of the provisions of sections 420a to 420e of this title in such manner as to impair, diminish, or in any manner affect the rights of bona-fide labor organizations in lawfully carrying out the legitimate objects thereof, as such rights are expressed in existing statutes of the United States."
The Indictment charges the defendants, among other things, with the following:
"Frank P. McGlone and Emanuel Romm, hereby made defendants, well knowing all matters of fact in this Indictment set forth, within the City of Philadelphia and the Eastern District of Pennsylvania and jurisdiction of this Court, and within divers other cities to the Grand Inquest unknown, did knowingly, wrongfully, willfully, unlawfully and feloniously obtain the payment of money from the said Follmer Trucking Company, Inc. on or about March 4, 1936, by the use of, attempt to use and threat to use force, violence and coercion, in connection with and in relation to acts directly affecting interstate trade and commerce and articles and commodities moving in interstate trade and commerce, that is to say, said defendants did then and there obtain the payment of about $5,000. in United States currency from the said Follmer Trucking Company, Inc. by threatening to prevent, restrain and impede the interstate movement of motor vehicles operated by the said Follmer Trucking Company, Inc. in and among many states, including the States of Pennsylvania, New York, Maryland, New Jersey, Connecticut and Delaware, and freight being transported in interstate commerce by said motor vehicles, unless and until the said Follmer Trucking Company, Inc. should pay at least $5,000 to said defendants or their agents.
"And so the Grand Inquest aforesaid, upon their oaths as aforesaid, do present that Frank P. McGlone and Emanuel Romm, defendants herein, at the time and place and in the manner aforesaid, did obtain the payment of money by the use of, and attempt to use and threat to use force, violence and coercion, in connection with and in relation to acts directly affecting interstate trade and commerce and articles and commodities moving in interstate trade and commerce."
It will thus be seen that the act under which this prosecution is brought and the indictment ...