Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1892-10-11
THE LAW OF TREASON
LAID DOWN IN THE HOME
STEAD CASE.
II he gins 10 OOk as Th Oug II Some
Ofthe strikers Would be heavily
E'unishe d for Their rRiOiing--The
Military Made Necessary.

PITTsBURG, Oct. 1.-The unusual
spectacle of Chief Justice of the Supreme
court OF State sitting as judge in the
court of Oyer and Terminer in county Of
State was witnessed by large crowd
in the Criminal court room Yesterday
morning. when CHEF Justice Paxson
charged the grand jury as to what con.
stituted treason against State in The
cases against members OF the Homestead
strikers advisory committee.
When court opened, Judge Kennedy
turned to the grand jury and said that,
charges of treason having been made
against certain persons, it seemed meet
for the county court to request the high
est judicial officer of the State to deliver
the charge. After detailing the causes
leading up to the Homestead strike,
Judge Paxson detailed how the authority
Of the sheriff had been ,lcfcd, the arrival Of
the Pinkcrtons, the riot following and
finally the mobilization Of State troops,
addrng
"We can have some sympathy with a
mob driven to desperation by hunger as
in the days of the French revolution, but
we can have noue for men receiving ex-
ceptionally high wages in resisting The
law and rcsOrting to violation and
bIoodshed in the assertion of imaginary
rights, and entailing such vast expense
upon the taxpayers Of the common
wealth. 1t was not a cry for bread
to feed their furnishing lips. resulting
in the sudden outrage, with good provo
cation; it was deliberate attempt
by men without authority 70 CON
troll others in the endowment of their
rights. The men had a right to
refuse TO work and persuade others
to join them. but the moment
they attempted to control the works
and resOrtcd to violence they placed
themselves utSide the pale OF the law
II we were to concede the doctrine that
the employc may dictate to his en-
pIoyer the terms of his employment, and
upon the refusal OF the latter to acccdc
to them to take possession of his prop
erty, and drive Others away who were
willing to work, we would have an
archv. No business could be condu, ted
upon such basis; that doctrine when
once counteuanced would be extended to
every industry"
The justice then defined as treason the
organization OF large number of men
in common purpose to defy the law,
resist its officers and to deprive any por
ton of their fellow citizens of theirrig hts
under the constitution and laws.
1T is state OF war" said he, "when
business plant has to be surrounded
by the army of the State TO p.oiect ii
from unlawful violence at the hands of
former employees. Every member OF
such asserted government, whether it be
an advisory committee or BY whatever
name it is called, who has participated
IN such usurpation. who has loined
IN common purpose of resistance to
law and denial of rights to other citi-
zens, has committed treason against the
State. With the definition OF this Of
tense is the designing of the overturning
OF the government of the State; such III.
tcntlon need not extend to every portion
"fits territory. 1t is sufficient il it be
an overturning of it i'll particu-
lar locality, and su h intent may
be inferred from the acts committed. II
you find from the evidence that the de
tendants have, or any OF them has com.
mitted, participated and aided in any
OF the acts which have defined to YOU
as constituting the ofIense of treason it
will be YOUR sworn duty to find a true
bill against the party or parties 50 OF
tending. We have reached a point in the
history of the State where there is but
two roads tor us to pursue; one leads to
order and good government, the other
leads to anarchy. One great question
which concerns the people ofthiscountry
is the enforcement Of law and prcserva-
ton oturder."