Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-11

nor to the public, who they were, nor from
whence they came. 1t was an act of nnlaw-
full violence to prevent their landing upon
the property OF the company. That unlaw-
| full violence amounted at least to o riot upon
| the part of all concerned in it; If life was
taken in pursuance of purpose to resist
ofrense was murder, and perhaps treason.
win speak of treason later on.
The rights of the men, as before stated.
| were to refuse to work unless their terms
were acceded to and to persuade Others to
Join them in such refusal, but they will sus-
| tain them no further. The moment they at.
| tempted to control the works and to prevent
by violence or threats of violence other
| laborers from going to work there they
| placed themselves outside the pale OF the
| law and became rioters. 1t cannot be toler-
ated for moment that one lab0rer shall say
| to another laborer, "You shall not work FOR
this man for that wage without my con-
sent" and then enforce such command by
brutal violence upon his person; and what
will not be permitted to one man to do will
not be permitted to an organization OF men.
The Duty of the State.
1t is the duty of the State to protect every
| citizen within her borders; in this there is
no distinction between the laborer and the
capitalist. 1t protects each with equal inl-
partiality. When the State fails to do this it
fails in It's own duty as sovereign; and 1t
will protect with a firm hand the Individual
laborer from the tyranny and unlawful de,
mands OF organized labor. The law should
j be SO enforced from the Delaware to the
Ohio that the humblest laborer can work for
fit. undeterred by the bludgeon of the rioter
or the pistol of the assassin. If we were TO
concede the agrarian doctrine that the en-
ploye may lawfully dictate to his employer
the terms Of his employment, and upon the
refusal of the latter to accede to them take
possession of his property, and drive others
awRy who are willing to Work, we woulo
have anarchy. No business could be con-
Quoted upon such a principle: the doctrine,
when once countenanced, will be extended
to every industry. Some of you gentlemen
myself, and take an honest pride in i1 Sup
pose when your crops are ready to be gain
cred, your men with or without cause re!use
to work, and not only refuse to work Rd put nut
violence and threats prevent all others from
doing 80. unless you accede to demands
which you regard as unreasonable; IN tne
meantime your crops perish and you lose
the fruits of your years toll. Under sucn
circumstances you would not like to be toid
from this bench that you have no rlghe 20
protect your property, or to employ men as
watchmen for that purpose. There is no
such law.
l have made these preliminary remarks,
in order that you may the better qnaer, y
come. It is defined by the first section OF
the act of 3lst March, 1850, P. l.. 3s5, as fol
lows: "1f any person owing aileslance TO
the Commonwealth of Pennsylvania shall
levy war against the same, or shall adhere
to the enemies thereof. giving them aid ana
omfort within the State or elsewhere, ana
shall be thereof convicted on confession IN
open court, or on the testimony OF two VIII
nesses to the same overt act of the treason
whereof he shall stand indicted, such per-
son shall, on conviction, be Judged guilty.
of treason against the Commonwealth ana
be sentenced to pay a fine not exceeding
81. 900 and undergo an imprison ment by sep.
arate and solitary confinement at labor not
exceeding twelve years"
No Such Case Since 1860.
lam glad to be able to say that the law
abiding character of our people has been
such that hereto: ore no one has been prose
cuteu under this act since its passage in
1860 1t is also proper to say, so far as the
State is concerned, that this prosecution has
not been commenced from any yindictive
feeling or from any disposition to multiply
offenses, or to in1ilct any unnecessarily
severe punishments: Its object Is merely to
vindicate the law. 1t is only the maximum
punishment that is fixed by the statute; the
Court possesses che power to fix 1t at any
point within it. You will also observe that
the offense charged is treason against this
State and not against the United States; it
is a matter with which the latter have MOTH
ing to do and over which its courts have no
Jurisdiction.
A mere mob, collected upon tho impulse
of the moment, without any definite object
beyond the qualification of its sudden pas
sions does not commit treason, although 1t
But when a large number of men arm and
organize themselves by divisions and COM
panies, appoint officers and engage in COM
mon purpose to defy the law, to resist its
officers, and to deprive any portion of their
fellow-citizens of the rights to which they
are entitled under the constitution and
laws, it is a levying of war against the State
and the offense Is treason: much more so
when the functions or the State government
are usurped in particular locality, the
process OF the Common wealth, and the law
PM q or nj ita w
arrests made at the dictatton of body of
men who have assumed the functions OF the
Government in that locality: and 1t Is q state
of war when business plant has to be sur
rounded by the army OF the State for weeks
to protect it from unlawful violence at the
hands OF men formerly employed in it.
Where a body of men have organized
for reasonable purpose, every step
which anyone Of them takes in part
execution of their common purpose is
an overt act OF treason in levying war. ,
Every member of such usurped government
whether it be an Advisory Committee, or by
whatever name called, who has participated
in such usurpation, who has joined in com.
mon purpose of resistance to the law and
the denial OF the rights OF other citizens
has committed treason against the State.
While the Vraveness Of this offense 10 the
the State, such intention need not extend to
every portion OF Its territory. 1t is sufficient
II 1t be to overturn it in a particular local
ity. and such intent may be inferred from
the acts committed.
A Local Rising May Be Treason.
If they be such that the authority of the
State is overturned in a particular locality,
and usurped authority substituted in its
place, the parties doing so must be pre-
sumed to have intended to do what they
have actually done.
1t is a maxim OF the criminal law that a
man must be presumed to have Intended
that which is the natural and probable con-
sequence of his act. Thus if man as
sanlts another with a deadly weapon, and
aims a blow at vital part, the law presumes
Aliens domiciled within the State and
who enjoy its protection, owe temporary
allegiance to it,and are amenable for treason.
There are no accessories in treason. all are
principals.
It will be your duty to examine all the |
witnesses whose names appear on the back |
Of the bills of indictment, or who shall be |
sent before You by the District Attorney. |
It is not your duty to try the accused party; |
all you have to do is to ascertain from the |
evidence whether prima facie case has |
been made out sufficient to send the defend |
ants to O trial before petit jury. Ifyou |
find from the evidence that the defendants |
tici ipated or allied in any of the acts whicn 1 |
have defined to you as constituting the Of |
tense OF treason. it will be your sworn duty
to find trne bill against the party or par
We have reached point in the history of
the State where there are but two roads left |
for US to pursue; the one leads to order and |
good government, the other leads to an
archy.
The one great question which now con-
fronts the people of this country is the en-
'orcement of the law and the preservation
If order.
The Grand Jury Takes a Ballot.
When the Chief Justice concluded read
ing his charge he turned to the jury and
asked that he be sent for when return on
he case was to be made. Immediately at