The times. [volume] (Richmond, Va.) 1890-1903, 1892-07-09
THE LAW OF THE HomEsrEAD CASE.

| .or ~ r.oainine possession OF and occupying
| h,s r,,ore,,v n, Homestead? We are not ac-
opsinted with tho statute law OF fennsyi-
-. - o.sos of this kind and this IS OF
course all-controlling. But We 90 know .no
common law from which PennsyivanisS
laws ara derjved in such cases. and we know
the general principles OF universal Jur"p,u-
dance applicable 10 them. We shall consioer
Tho case from the standpoint of these sup
ros;po that there is nothing in Pennsylvanias
! statutes inconsistent with them.
fla house and lot be in the possession OF A.
| claiming the right to the possession, ana d.
claims il 70 be his. never mind how clear d. .
| claim 10 il may be. he has no right 10 ln'aue
| A g possession and attempt to wrest that pos
session from him. Nor has he any right to 90
70 the sheriff and appeal to him to aid him
RI in eiecting A. and putting him (B.) into
possession Of the house. The sheriff has no
more authority to turn A. out OF the house
than b. has, although AS right to tho prop
! erty and TO the possession OF 1t may DO as
clear as Mr. Carnegies right to the Home
stead property is b. must arraign A. De-
fore the judicial authorities Of the coun-
try and prove there that the property
IS bis, and that A. has no right to the posses
sion of il. whereupon the court Will SO declde
and arm the sheriff with writ when VIII
command him to eject A. end install Is. Inc
law ia founded upon the universal principle
OF natural Justice that no man can De inc
Judge in his own case; that wherever there ID
a difference or dispute between two persons.
that dispute must be referred for settlement
10 third impartial party. which. IN such q
case, is the judicial tribunals OF the land. IL
is the fixed rule Of the law that though BIS
right 10 the house may be as clear as day yet
A. shall not be deprived Of his possession OF
il until he has had an opportunity TO appear
in court, produce his witnesses or other
proofs and show, if be can that he.shouid
not be turned out.
These are the elementary principles which
govern all controversies in which conflicting
rights to property are asserted, and all men
can see from these principls that the sherlh Is
no more a factor in such case than the claim
ant himself.
But according to all the reports that have
gone out to the public, the strikers are assert
ing no sort of right in themselves to the Car
negie Works, nor are they asserting that they
have right to the possession Of the works.
All that they assert is a right in themselves to
exclude Mr.. Carnegie, the owner. from en-
trance into and possession of them. If they
asserted that a right of possession resided in
themselves, it is plain that Mr.. Carnegie
would have to arraign them before the judi
cial tribunal. and have.a decision that they
we're not entitled to the possession and that
he was before he could invoke the aid of the
sheriff 10 restore him to the possession OF
his works. This. however, they are
not doing. They occupy the anomalous
and unlawful position of simply declaring
that Mr.. Carnegie shall not take possession
of his own property. which they admit to be
his. This is neither more nor less than what
is known to the law as riot. The procedure
here for restoring Mr.. Carnegie 10 possession
and enjoyment of his property is the proceed
ure appropriate for suppressing any other
riot. The proper officer should appear upon
the scene order the rioters to dispense, and,
if they did not do so, summon to his aid all
the citizens around. These should use physi-
cal force to dispense the rioters. and, if their
force was not sufficient, the officer should re-
port that fact to the Governor, who should
order to his aid all the military belonging TO
the State If that is not sufficient. the Con-
stitution of the United States pro-
vides that the Governor. if the Legis-
lature cannot be convened. may state
the facts to the President of the United States,
whose duty it then becomes to send to the
Governors aid so much of the army or navy
of the United States as may be necessary to
ouell the riot. Mr.. Carnegie thus becomes
restored to possession Of his property as
result Of the suppression Of riot. and all who
have been engaged in the riot become liable
to punishment for their participation in it,
and they also become liable to suit by Mr..
Carnegie for all damages that they may have
caused 10 oe inflicted upon him.
These are the elementary principles APP
plcabe to q case like this, and it is t. be
hoped they will be pursued in q calm, dig
nified, firm way. Since Mr.. Carnegie is kept
out of the possession and enjoyment of his
property by riotous assemblage it is to be
hoped that the proper officer will pursue the
method laid down by Pennsylvania statutes
for dispensing a riotous assemblage. If he is
unable with the force at his command to dis
perse it. it is to be hoped that the Governor
will order to his aid all the military that the
State possesses. II this is insufficient. it is to
be hoped that he will appeal to the President,
and that 30 much of the army of
| the United States as may be necessary will
be sent to the scene to quell the riot, and, if
there is not enough force in the ermy of the
| United States for this purpose, that the nation
will be called upon for as much more Of force
as may be necessary 1t is not to be tolerated,
however. that these rioters are to exclude Mr..
Carnegie from.the possession and enjoyment
of his property. and we must keep that right
of his perfectly clear and distinct in our mind
from all questions relating TO rates of wages
and Pinkerton detectives.
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WORD FOR THE MEN.
1t is very plain that the strikers at the