The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1892-10-19
TREASON TO THE STATE.
Chief Justice Paxon's Charge
on the Homestead Riot.
A Clear Definition of the Law.

In his charge TO the Allegheny COun-
ty, Pa, Grand Jury as 10 rhat constituted
treason azzinst the State, in the CASES
against the Homestead strikers Advise
" Committee, Chief Justice Psxson left
little room for doubt that the men who
constituted the A lyisory Committee were
guilty Of murder and treason The
charge was marked throughout by 4 COM
prehensiye Interpretation Of the causes
and.effect OF the riot, Just how far the
strikers could have gone without com
hitting treason sgsinst the State. and Of
their actions which placed them beyond
the pale OF the law. Justice Pa-on sid /:
GESTLExES or THE GEASD JCET.-The
District Attorney vii lay before you at
the present term one or more indict-
ments charging certain partie. with the
offence Of treason against the Common
wealth Of Pennsylvania In view Of the
gravity OF the charge the learned judges
holding the present term Of the Court Of
Oyer and Terminer for this county have
invited ne 10 come in and give you some
instruction. Is TO the character Of the
offence and your duties in regard 70 it.
And that You may know that am not
assuming to act without right, II is prop
er to say TO you that by the express terms
Of the Constitution Of Pennsylvania the
justices Of the Supreme Court are made
justices ex-oficio Of the Court Of Oyer
and Terminer in every county IN the
Slate.
Notwithstanding this, would hesitate
to act we're IT not thst the situation j. 50
grave. and, II Is feared, the law 50 much
misunderstood, that sn authoritative ex-
position Of Il seemed necessary in the in
ierests Of good government 1t having
required the Intervention Of the Govern
or. as Commander IN Chief, and the en-
tire military power OF the State TO re-
store order, Il sas considered proper fOr
those highest in position in the Judiciary
Department Of the Government TO de
clare the law in such manner that il may
be clearly understood. The offences
charged in the bills Of indictment had
their origin in what are popularity known
ss the Homestead riots OF last summer.
Many Of the incidents Of those riots may
Be properly referred 70 as q part Of the
history Of the times.
The SATURE OF THE OFFESCEs-
In order that you may the more rezdi-
" understand the nature Of the offence:
charged in the bills Of indictment, VII
refer briefly TO some facts connected with
those disturbances about which l do not
understand there Is any dispute Aboui
the elese Of the month Of June last dis
agreement in regard 10 wages ose be
tween the Carnegie Steel Company, a
what ) known IS the Homestead works
and some Of It's employees Il Is not neces
sary that / should refer 10 the details o
thi. difficulty further than TO say that th:
dispute concerned only 8 small portion
Of the employees Of the company, ans
those receiving the highest wages Tn
parties being unable TO come TO an agree
ment that Was mutually satisfactory tn
com npany closed It's works on the 50 Il
dsy Of jane and discharge its men )
far there was no violation OF law by an,
one; the men had the right 20 deman'
what wages they ssw ST, and TO refuse Z
20 10 work unless their demand was sat
isEed. The company had the right to de
cline TO employ the men upon the term
offered by them and 70 employ Others i
their stead upon such terms zs could b
agreed upon This arises from the fac
that the relation Of employer and EN-
ployee is one OF contract merely. Neithe
party has right 10 cOerce the other in
TO the making OF contract to which hi
mind does 10; assent The euploye
cannot compel his emploYe 10 work da.
longer than he sees fl, nor his contrac
calls for, nor for wage that Is unsatis
factory 70 him. 1t follows. that the en-
ploye cannot compel his employer Il
give him work or to enter into $ eontrac
Of hiring, much less can he dictate the
terms Of employment
When the negotiations between ths
parties came to an end, all contract relz
tons between them ceased the men hal
no further legal demand upon the com
pany, and they had no more interest L
or claim upon its property than has
domestic servant upsn the hoGsehol'
goods Of his employer when discharges
By the latter or when he voluntaril,
Leaves his service, nor does it make an.
difference that sargs number we're dis
charged at one time; their aggregzi
rights rise no higher than their rights s.
indit idrals. The mutual right Of th
parties 10 contract IN regard to wage
and the character Of the employment
whether by the piece or by the da,
whether for 10 hours CT less. Is as IKE
and clear as any other right which "
enjoy under the Constitution and laws I
this State. Il Is right which belong
70 every citizen, laboTer o. capitals
and it Is the plain duty Of the State
protect him in the enjoyment Of it
uszroR4iS DzEE rHaPTER
| Asbefore observed, bot small porto