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

Chief Justice Pa1son, of the Supreme
Court of Pennsylvania, yesterday morning,
from the c riminal Court bench, charged the
} Allegheny county grand jury on the indict.
ments for treason against the Homestead
strikers.
1t was an impressive, an unusual scene,
that was witnessed in the crowded court
room while the important and interesting
page was added to the legal and criminal
history of the county and the State. In the
gathering were all the leading attorneys at
the Pittsburg bar. Several of the county
Judges attended, and there was an overflow
of curious people attracted by the novelty
Of the proceedings. Each elbowed
The other in a fruitless effort to
secure even standing room. The place
was crowded beyond comfort long before
Justice Pa1son appeared. Conspicuous
among the lawyers were Thomas NJ. Mar
shall, Sr., P. II. Knox, Captain E. Y. Breck,
George B. Gordon, William Scott, John
S. Robb, d. f. Patterson. William Rear
don, w. J. Bremen and many others
The Entrance of the Judges.
Promptly at $50 o'clock Judge Kennedy
entered the court room from a side door.
He walked slowly to seat on the bench.
Immediately behind him came Justice Pax
son. His gown, worn while on the Supreme
Bench, was conspicu ously absent He was
dressed much like minister in plain black.
Following the Chief Justice came Judges
McClung, Porter and Stowe, and each took
his seat on the bench as he entered. Judge
Stag lie, W no had entered the court foom be-
fore the others, had taken seat with Dis
trict Attorney Burleigh.
While the Judges were seating them
selves an audible murmur passed over the
audience like wave of surprise and con-
cern. The grand jurymen had already been
seated, and when the court was convened
an impressive silence prevailed. The quiet
lasted fully minute when Judge Kennedy,
turning to the jury and addressing them,
politely said: ''Since you have peen sworn
in as grand jurors there have been informa-
tions made against certain persons for
treason, and it seemed meet for us to re-
quest the highest judicial officer in the
State to charge you as to your duties With
regard to these bills which Will come before
you. The Chief Justice of the State has as
a result consented to charge you, and he
will now SO do.
Read by the Chief Justice.
The gathering in the court room seemed
for the time to be breathless. The Chief
Justice fixed his gold-rimmed glasses upon
his nose and pulled from bis side pocket a
roll of paper. While holding the manu-
script in his hands he looked carefully over
the jury. He then began reading in a slow,
distinct tone and his every word rolled out
over the crowd with positive force Not
one word of the remarkable charge escaped
the audience, and as one point after another
was recited by the Chief Justice, the ex-
pressions on the faces of those present
shifted like sunbeams and shadows There
were none of the Homesteaders present
In his charge Justice Pa1son said:
The Charge to the Grand jury
GENTLEMEN OF THE GRAND JURY: The Dis
trict Attorney will lay before you at the
present term one or more indictments
charging several parties with the offense of
treason against the Common ealth of Penn
sylvanfa. In view of the gravity of the
charge the learned Judges holding the pres
ent term of the Court of Oyer and Terminer
of the county, have invited me to come in
and give you some instructions as to the
character of the offense and your duties in
regard to it. And that you may know that
L am not assuming to act without right it is
proper to say to You that by the express
terms OF the Constitution of PENNSYLVANIA
the Justices of the Supreme Court are made
Justices ex officio of the Court of Oyer and
Terminer in every county in the State. Not
withstanding this, would hesitate to act
were it not that the situation is so grave,
and, it is feared, the law so much misunder-
stood, that an authoritative exposition of it
seemed necessary in the interests of good
government. 1t having required the inter-
vention of the Governor, as Commander in
Chief, and the entire military power Of the
State to restore order, it was considered
proper for those highest in position in the
Judiciary Department of the Government
to declare the law in such manner that it
may be clearly understood. The offense
charged in the bills of Indictment had their
origin in what are popularity known as the
Homestead riots OF last summer. Many of
the incidents of the riots may be properly
referred to as q part of the history of the
times.
The Story of the Riot.
In order that you may the more readily
understand the nature of the offenses
charged in the bills of Indictment, will re-
fer briefly to some facts connected with
those disturbances about which do not un-
derstand there is any dispute. About the
close of the month of June last disagree
Inent in regard to wages arose between the
Carnegie Steel Company, at what is-known
as the Homestead Works, and some of its
employees. 1t is not necessary that / should |
refer to the details of this difficulty further |
than to say that the dispute concerned only |
small portion of the employees of the COM
pany, and those receiving the highest wages. |
The parties being unable to come to an
agreement that was mutually satisfactory
the company closed its works on the Butt, /
DAY OF june and discharged its men. So far
there was no violation OF the law BY anyone.
The men had the right to demand what |
wages they saw fit, and to refuse to 20 to /
work unless their demand was satisfied
The company had the right to decline to /
employ the men upon the terms offered by
them, and to employ others in their stead
upon such terms as could be agreed upon |
This arises from the fact that the relation
OF employer and employe is one of |
contract merely. Neither party has a |
right TO coerce the other into the making of |
contract to which his mind does not as
sent. The employer cannot compel his en- |
poye to work a day longer than he sees d t,
nor his contract calls for, nor for a wage
that is unsatisfactory to him. It follows |
that the employe cannot compel his en-