Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-11
TWELVE PAGES
CHIEF JUSTICE PAxsoN's CHARGE.

one OF the most notable Contributions TO
judicial literature that the courts of Penn
sylvania have so far afforded. That the
magnitude of the disturbance at Home
stead and the unusual character of the
latest charge against the strikers were cal
culated to raise grave and broad reflections
in the judicial, as they did in the public
mind, must be conceded; and when the
Chief Justice, at the close, said, "The one
great question which concerns the people
of this country is the enforcement of the
law and the preservation Of order" OF
course every intelligent person will agree
with him.
The strong statement Of the illegality
of acts of violence, the clear definition of
the mutual rights of employers and en-
ployes so long as they keep within the
limits of order, and the forcible declara-
ton of the necessity of enforcing the law,
to preserve society against anarchy and
ruin, amount in their general bearing on
the Homestead disorders to public serv-
ice. Condemnations of violence and law
lessness, whether from the bench or from
individuals, will be supported and ap-
plauded by all good citizens. The added
force of such condemnation given by the
Chief Justice, sitting as Judge of Oyer
and Terminer, is valuable enough to COM
pensate for possible embarrassments which
may arise from that departure from the
usual course in criminal hearings For
the forcible and radical declaration against
violence, lawlessness and force, the law
abiding element of the State will recog-
nize its obligation to Judge Paxson.
But comment upon the opinion would
be incomplete if it failed to note that the
Chief Justice establishes different view
from that which was most widely enter
tanned. The Treason Act was passed
March 81, 1860, and this is the first prose-
cution under it. If there had been previous
prosecutions under that act the decisions
of the courts would have established
its intent But it has been reserved for
Chief Justice Paxson to declare the mean
ing of the Legislature. The act is as
follows:
If any person owing allegiance to the
Commonwealth of Pennsylvania shall levy
war against the same, or shall adhere to the
enemies thereof, giving them aid and COM
fort within the State or elsewhere, and shall
be thereof convicted upon confession in
open court or on the testimony OF two wit
nesses to the same overt act of treason
whereof he shall stand indicted, such person
Shall, on conviction, be adjudged guilty of
treason against the Commonwealth and be
sentenced to pay a fine not exceeding two
thousand dollars and undergo an imprison-
ment by separate and solitary confinement
at labor not exceeding twelve years.
As this statute was passed at a time
when political and armed combinations
were already being made to overthrow the
Government of the United States. and
when apprehenSionS of similar attempts
upon the State Government were felt,
the supposition was held by many that it
was framed to punish, as ex-Chief Justice
Agnew put it, breaches of allegiance,
express conspiracies and war against the
State Government rather than mob yio-
lences, on however extensive scale, so
long as these latter were wanting in the
motive OF attack upon and subversion of
the State itself. The fact that in the 80
years since, including the great railroad
riots, there were numerous instances
of planned mob violence, without the Act
being invoked to establish or punish these
as treason, might well heighten the sup
position. So well known a iurist as
Daniel Agnew, who himself sat as a Chief
Justice for Pennsylvania, took this view in
recent open letter, written with direct
reference 10 the Homestead riots. He
held that succession of illegal and vio-
lent acts of mob, such as IN the riots of
~, did not come within the spirit and in
tent of the Act. That undoubtedly, I'D to
yesterday, was the public belief That the
acts OF the strikers at Homestead were
lawlesS and criminal-that oifenses were
committed TO which q greater penalty
than treason is afixed-is of course
known; but that there was any
purpose to upset Or levy war against
the State Government Itself, was
not generally believed. But Chief Justice
PaXSon holds that the tendency and effect
of the strikers proceedings were to over
turn the authority of the State at Home
stead; that they virtually 'levied war
against the Commonwealth, and that they
must be presumed to have intended lust
what they did.
There will doubtless be a great deal of |
discussion yet in the courts upon the con-
SlIucIlon anu dppllcasiOn OF the Treason /
Act, and it is to be regretted that the pro- |
ceedingS were not so framed as to come
before the Supreme CourS in the usual |
way. AS they have gone, the invocation of |
the opinion of the Chief Justice at the |
start seems not specially calculated to
dispose the mind of the court of last re- |
sort to that attitude of freedom from pre-
conceptions which is so greatly to be de- |
sired In reviewing the administration of |
penal statutes.
However, these are points for the law
yerS who are concerned in the cases. The |
general effect of the charge of the Chief |
Justice will be to hold up to the public
the determination to suppress lawlessness
and violence. The Supreme Court shows
more active spirit in this line than the |
executive arms of civil authority. If the |
Court, having taught combinations of |
labor their limitations, will now extend its
vigilance and energy to taking the initiative |
against such combinations of corporate