Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-10-13

Crime of Treason--H says the Strikers
Had No Right to Prevent Men Going
to Work.
PITTsRuRG, Oct. 1O.--'rhe unusual spec
tacle OF the chief justice of the supreme
court of the state sitting as 4 judge III the
court OF oyer and terminer Of Il county in
he state was witnessed by n large crowd
IN the criminal court room this morning
when Chief Justice PaxSnn charged the
grand jury as to what constituted treason
against the state iii the cases against the
members of the Homestead strikers ad-
vlsnry committee.
Judges Stowe, McClnng, Porter and Ken
uedy, while i'll the clerks portion sat
Judge Slagle. The rabm WAS crowded
almost to suiiocation. When court opened
Judge Kennedy turned to the grand Jury
and SAID that charges of treason having
been made against certain persons Il
seemed meet for the county court to re-
quest the highest judicial officer of the
state TO deliver the charge. After detailing
the causes leading up to tho Homestead
strike Justice PaXson said:
The mutual right of the parties to con
tract i'll regard to wages and the character
of the employment whether BY the piece
or by the day, whether for ten hours or
less, is ms fixed as any other right which
~ tllJVA Hli'ltI lut CONSTITUTION ana laws
If this state. 1t is a right which belongs
TO every citizen, laborcr or capitalist and
it il the plain duty of the state to protect
them in the enjoyment Of it
Coming up 10 the formation of the adj
vsnry committee and the purl taken hy IL
in the strike he said lit is alleged that the
advisory committee did more than to in
ducu others not to ACCEPT employment from
the company; that ii allowed no persons to
enter the mill Of the Carnegie Steel Com
pany, and even permitted no strangers to
enter the toWi. ~ Homestead without its
consent; that il arranged an organization
~ military character consisting Of three
divisions. with commanders, captains, Ne,
the captains to report to the division com
munders and the latter to report to the al
yisory committee"
lie then detailed how the authority of
the sheriff had been ietied, the arrival Of
the l'inkertOnS. the riot following and
finally the mobilization of the state TROOPS,
adding. 1--WE can have some sympathy
with a mob driven to desperation by hun
ger, as i'll the DAYS Of the French rcyultl-
ton but we can have none for men rccetv-
ing exceptionally high wages in resisting
the law aud rcsurting 10 violation an i
hlnuished III lie assertion of imaginary
rights, and cntailing stlch a vlst expense
upon the taxpayers Of the commonwealth.
i was not II cry for bread to feed their
tamIshins lips. resulting IN sudden out
rage, with good provuCation; ii is deibcr-
ate attempt by men without authority 10
control others in The enjoyment Of their
rights"
The men had right to refuse to work
and persuade others 10 Join them, but the
moment they attempted TO control the
works and rcsortcd 10 violence they placed
themselves outside the pale Of the Law.
ii we were to cpnccde the doctrine that
tho u
the terms of his employment, and upon
the refusal of the latter to accetlc to them
to take possession OF his property and
drive others away who were willing 10
work, We would lave anarchy. No busi-
ness could be conducted upon such q basis;
that doctrine when once countcnanced
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 ana to deprive any portion Of
| their fellow-citi2ens Of their rights under
| the constitution and laws. It is a state of
| war, said he, when a business plant has to
be surrounded by the army Of the state to
| protect it from unlawful violence at the
| hands OF Former employees.
Every member of such asserted govern
mcnt, whether it be an advisory commit
tee or by whatever name it is called, who
has participated in such llsurpation, who
| has joined in common purpose Of resist
ance to the law and a denial of the rights
| to other citizcns, has committed treason
against the state. With the definition of
| this offence is the designing or ovcrturl-
| ing of the government of the state; such
| intention need not extend TO every por-
| ton Of its territory. 1t is sufficient ii il be
an oycrturning Of tin particular locality,
| and such intent may be inferred from the
acts committed. If you find from the evi.
dence that the defendants have Or any OF
| them has committed, participated and
| aided in any Of the acts which | have de.
| fined to You as constituting the offence OF
treason. il will be yonr sworn duty to find
u true bill against the party or parties Sc
offending
We have reached the point in the his
tory Of the state where there are but two
roads for us to pursue; the one leads to
/ order and good government, the other
leads to anarchy. The one great question
which concerns the people Of this country
is the enforcement of the law and the
| preservation OF order.