Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1892-10-14
Judge Paxson on Treason.

Sitting on the bench of the Criminal
Court in Pittsburg, Monday, with several
| otherjudges, Chief Justice Paxson ofthe Su-
preme Court of the State, charged the Grand
Jury of Allegheny Co., in the indictments
against the Homestead Advisory Commit
| tee, for treason, and in doing SO defined
treason to the state, and also stated the
rights of individuals and corporations as
| to the employment of wstchmen-
The charge is too longsfor us to print IN
full, but the Gazette summarizesit editorially
as follows: "The charge which Chief Just
ice PAxsoN, sitting as a judge of the oyer
and terminer and quarter sessions court oi
Allegheny county, delivered to the Grand
Jury yesterday is Of the highest importance
to the people of the entire commonwealth
for two reasons. In the first place 1t set
ties the vexed question of the right OF an
individual or corporation to employ as
many men as may be deemed necessary
for the protection of property, and arm
them for that purpose. So long as these
armed men act only in the capacity oil
watchmen no citizen has right to enquire
who they are or whence they came
Hence it was an act of unlawful violence
for the Homestead strikers to resist the
landing Of the Pinkerton men-an' act
amounting at least to riot upon the part oil
all concerned in it, and to murder II lie
was taken in pursuance OF purpose 10
resist.
The second point is the definition of the
crime of treason against the state. The
chief justice is clear and emphatic on this
question. when large number OF men
arm and organize themselves by divisions
and companies, appoint officers and engage
in common purpose to defy the law, to
resist its officers. and to deprive any por-
ton of their fellow citizens OF the rights to
which they are entitled under the Consti
tuition and laws, it is levying war against
the state and the offense is treason" :"
There can be no mistaking that definition.
If the facts can be made to apply to any
of the participants in the lawless acts at
Homestead it not only opens the way for
prosecutions for treason, but it becomes
the duty of the courts and juries to vindi-
cate the law through its firm and impair
tial enforcement.
These are the essential features of the
charge, and in connection Herewith is a
much needed repetition of the respective
rights of employers and employees. There
is clear and logical distinction between
riot and treason. The essence of treason
is the purpose to defy and overthrow the
law OF the state and substitute therefor the
rule Of the resisting body or organization.
Every member of such body participating
in the usurpation is guilty of treason
against the state. 1t is sufficient to con
stitute the offence that the overturning OF
the law is confined to particular locality,
and such intent may be inferred from the
acts committed.
1t will thus be seen that the treason
trials assume an aspect of the gravest i'm
portance Although the chief justice sat
as quarter sessions Judge it is impossible
to regard his words in any other light than
a deliverance from the very highest judicial
authority in the state. 1t will bind, until
modified or ovcrruled, all the judges Of the
commonwealth, and not the least impor-
tant of its effects will be to warn organized
labor of the danger Of joining in common
purpose to subvert the laws of the state.