The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-06-11
ALL ON ACCOUNT OF A COMMA.
Knights of Labor Saved by Print
er's Error.

Criminal Knights of Labor Saved by Print
Austin, Tex. Special.
The Court of Appeals, the criminal branch of
the Supreme Court Texas, yesterday rendered
an important decision in the case against
tined to become of considerable po-
liticai significance in Texas this fall
hurry and Anthony. two Knights of Labor.
during the height OF the Southwestern strike
came down the Missouri Pacific road from AL
varado 10 Waco and deliberately disabled or
act. and the men were arrested, tried in
the county court sentenced to three
months imprisonment. and to pay q
fine of 800 each. The press of the entire State
law was equal to the emergency well as fed
eral law and their Fluctuations were echoed back
by the Eastern and Northern press. The Court
of Appeals in effect says that press and people
were too previous in their congratulations, for Il:
ungraciously reverses the finding of the lower
court, and dismisses the cases. It's decree is
final.
The prisoners were convicted on information
under Article 683 Of the penal code, which reads
"If any person shall wlfully and mischievously
injure or destroy any growing fruit, corn, grain
or other agricultural product property, real or
personal" etc. The only question before
the court was whether or not the offense
charged against the prisoners was con-
lempldCeu auu ueScrlDeu ny tnlS Clause. Iu0
court says: "This is case of the first imp0r-
tance in the judicial history of the State-one in
which every fair intendment should be made in
the protection OF property rights. and in main
tanning the supremacy of law and order. 1t is
probable that the Legislature, in framing the
penal code, did not foresee the necessity
for providing against a crime against
property rights then deemed impossible
of perpetration here, though of occasional oc-
currence elsewhere. But however great the
wrong and injury. the court cannot establish a
precedent for Furnishing crime not cognzable
under the statutes. It's opinion is that the clause
on which the information is drawn does not
the offense charged, and that this article is
restricted In Its operations to injuries done TO
agricultural products or property"
This decision has caused the iveiest excite
ment among members of the bar and ex members
of the Legislature. They had all previously de-
cared that the statute fully covered the case
critical examination of Article 6S3 revealed
had been omitted after the words 'agr-
cultural product" Members who assisted in
the codi6catiOn of the Penal Code declare that
this comma omitted by the printers. but the
court took the law as it appeared in the printed
statutes Commenting on the decision, the
Evening Call says: The editor of this paper has
no appetite to pose as defendant in contempt
case He once furnished grist for an Ar.
kansas mill or justice In case of that kind,
and came out converted but he cannot help re-
marking that decision which declares as a null
lily law founded upon every principle of right
human and divine, simply because the intelli-
gent compositor omitted the use of the comma
in the publication of the statute, is little less
than Infamous. It passes beyond demagogy, and
assumes sycopaantic, crngng attitude to pan
der to the worst elements of society"