But where the concerted action or combination is for the purpose of accomplishing some lawful act without resorting to criminal or unlawful means then there can be no offense.

Thus for example, it is not an offense for workmen to enter into an agreement not to work for persons who employ laborers not members of some society or labor organization; for each person has a right to determine for himself for whom he will work and when he will not work.16

14 Johnson vs. People, 22 Ill., 314;

Ochs vs. People, 124 Ill., 399;

Musgrave vs. State, 133 Ind., 297; In re Wolf, 27 Fed., 606. 15 Smith vs. .People, 25 Ill., 14;

Reg. vs. Mears, 2 Ddn. C. C, 79; State vs. Wilson, 121 N. C, 650. 16 Com. vs. Hunt, 45 Mass., 111; Com. vs. Dyer, 128 Mass., 70; Dyer vs. State, 67 Vt., 690.

But on the other hand persons who combine together for the purpose of preventing their employer from taking into his employ certain persons, or for the purpose of driving out of his employ certain other persons - they commit the offense of conspiracy.17