The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-10-11
GRAND JURY CHARGED
In the Matter OF Treason as 1t
Effects the Homestead Strikers
BY THE CHIEF JUSTICE OF PENNl.
He Defines the Law, and Impressos
Upon the Members of the Grand
Jury That They Are Bound to Find
Indictments Against tho Advisory
Board If the Evidence Warrants 1t.

PITTSBURGH, Pa, Oct. l0.-The unus-
ual spectacle Of the chief justice OF the
supreme court OF the state sitting as s
Judge in the court of oyer and terminer
in the state was witnessed by crowded
court room in the criminal court room
this morning, when Chief Justice Pax
son charged the grand jury "a to what
constitutes treason against the state in
cases against the members OF the
Homestead strikers advisory commit
tee. Upon the bench sat the chief
Justice, Judges Stowe, McClung, Porter
and Kennedy, while in the clerks por-
ton sat Judge slagel.
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 tho county court to request the
highest judicial officer to deliver. the
charge. After detailing the causes lead
ing up to The Homestead strike, Justice
Paxson said: "The mutual right OF the
parties to contract in regard to wages
and the character OF employment,
whether by the piece or by the day,
whether for ten hours or less, Is liked as
any other right which We enjoy under
the constitution and laws OF this state.
1t is right which belongs toevery citi'
zen, laborer or capitalist, and it is the
PLAN duty OF the state to protect them
in the enjoyment OF IL.
Coming up to the formation OF the
advisory committee and the part taken
by it in the strike, he said: 1--WE can
have some sympathy with mob driven
TO desperation by hunger as in the days
Of the French revolution, but We can
have none for men receiving cXcep.
tionally high wages i'll resisting the law
and resorting to violence and blood
shed in the assertion oil imaginary
rights, and entailing such q vast eH'
pense upon the taxpayers OF the COM
monwealth. II was not cry Tor bread
to feed their furnishing lips, resulting
in a sudden outrage, with good provo
cation; it was deliberate attempt by
men without authority to control others
in the enjoyment OF their rights.
"The men had right to refuse to work
and persuade others to Join them, but the
moment they attempted TO control the
works and resoried to violence they
placed themselves outside the pale OF
the law. Ii we were to conCede the doc
trine that the empioye may dictate to
his employer the terms OF his employ
ment, and upon the refusal oil the latter
to accede to them, to take possession oil
his property and drive others away
who we're willing TO work, we would
have anarchy. No business could be
conducted upon such basis; that doc,
trine when once countenanced would
be extended to every industry"
The justice then defined as treason
the organization Of large number OF
men in n common purpose to DEFY the
aw, resist its officers and to deprive
any portion OF their fellow citizens OF
their rights under the constitution and
laws. Il is state OF war, said he, when
a business plant has to be surrounded
by the army OF the state to protect 1t
from unlawful violence at the hands OF
former employees. Every member OF
such asserted government, whether 1t
be an advisory committee, or by what
ever name it be called, who has particle
pated in such usurpation who has join
ed in common purpose Of resistance
to the law and denial of the rights OF
other citizens, has committed treason
against the state. With the definition
OF this offense is the designing or over
turning Of the government OF the state,
such intention need not extend to every
portion Of it's territory.
1t is sufficient if it be an overturning
OF it in particular locality and such
intent may be inferred from the acts
committed. If you find from the evil
dence that the defendants have, or any
Of them has, committed, participated
and aided in any OF the acts which l
have defined to you as constituting tho
otfense OF treason, it will be your
sworn duty to find true bill against
the party or parties so offending. We
have reached the point in the history
OF the state where there are but two
roads left for US to pursue; the one
leads to order and good government,
the other leads to anarchy. The one
great question which concerns the peo-
pie OF this country is the enforcement
OF the law and the preservation OF
order.