Evening journal., 1892-10-10
CHARGING THE JURY.
ustice Paxson Expounds the
Law in the Treason Cases.
NFAvoRABLB TO THE STRIKERS.

the hen--Ths Crime of Treason Defined
The States Duty as Protsctor-E Enforce
ment OF Law Necessary.
lBy Telegraph to the Evening Journall
PTTsBURG, Oct. 10.-Chief Justice
axson, of the Supreme court, of Penn
4 ylvania. this morning, charged the
rand jury in the cases of the Home
lead strikers, charged with treason
he charge contained over five thousand
lords and embraced graphic resume Of
he circumstances leading up to the riot
the Carnegie Homestead mill and the
ubsequent charge of treason lodged
gainst thirty three union men. The
hief Justices charge is considered by
lembers of the Allegheny county bar as
nfavorable to the defendant.
Charging the jury, Justice Paxson
aid. ''We can have some sympathy with
mob driven to desperation by hunger,
s in the days of the French revolution,
lut we can have none for men receiving
& exceptionally high wages in resisting
E he law and resorting to vio-
. tnCt dL4 hlObAanG0 III AAAN cooGAA AAon Va
imaginary rights, and entailing snch a
rast expense upon the taxpayers of the
commonwealth.
ut was not a cry for bread to feed
heir famishing lips, resulting in sudden
outrage with good provocation; it was a
deliberate attempt by men without
authority to control others in the enjoy
nent Of their rights. The existence of
such state of things IN a government
If law indicates weak spot.
Enforcement of Law Necessary.
ut is not in the law itself; that is
sufficient for the preservation of order,
all that is needed is proper enforcement.
To accomplish this it is only necessary
that every one connected with its admin
istration should do his duty. This duty
is as solemn and imperative with jury in
the box as it is with the judge upon the
bench.
Il am glad to be able to say as a result
of my experience in the criminal courts
that have seldom known jury to fal-
+ ter in the performance of a duty when
that duty has been clearly and fairly
. presented to them. If the jurors fail in
+ this respect, the courts can accomplish
nothing and the result is anarchy.
1T is much 10 be feared that there is a
diseased state Of public opinion growing
up with regard to disturbances of this
nature, and an erroneous view of the law
bearing upon these questions has found
lodgment in the public mind.
The Company Sustained.
In defining the law Judge Paxson said
"When the company shut down its
works and discharged its men, it was
acting. strictly in the lines Of the law
it could not compel the men to work mol
could the men compel the company tC
employ them; no arrangement could b'
made in such regard except in the
nature of a contract agreed upon by the
parties. Upon this subject theii
rights were mutual; the company
had the undoubted right TO protect itl
property; for this purpose it could law
fully employ as many men as it saw
proper and arm them if necessary
Many of our banks and places of bust
ness are guarded by armed watchmen
The law did not require it to employ a
watchmen the men from whom il antici
pated the destruction of its works.
The Mems Rights.
"The right of the men to refuse t.
work unless their terms were &C
ceded to them and persuade others {,
Join them in such refusal, but the Law
will sustain them no further. Tn
moment they attempted to control tn
works, and to prevent by violence O
threats Of violence, other laborers froI
going to work, then they placed them
selves outside the pale of the law.
ut cannot be tolerated for a momen
that one laborer shall say to anoths
laborer: You shall not work for thi
man for that wages without my cor
sent. and then enforce such cOmman
by brutal violence on his person.
Duty of the State.
'It is the duty of the state to prote,
every citizen within her borders; in tn
there is no distinction between tn
laborer and the capitalist; it protect
each with equal impartiality WhC
the state fails to do this, it fails in i
duty as severe gn, and it will protect wit
a firm hand the individual laborer frol
the tyranny and unlawful demands of o
ganized labor.
"The law should be so enforced from Il
Delaware to the Ohio that the humble
laborer can work for whom he pleas
ana at what wages he sees fit, ur
deferred by the bludgeon of the riot'
or the pistol of the assassin"
''You will also observe that the otfen
charged its treason against the stat
and not against the United States; it is
matter with which the latter has nothir
to do and over which it can have no j
risdiction.
Definition of Treason.
"a mere mob collected upon the il
pulse Of a moment without any detini
object beyond the qualification of il
sudden passions does not commit tire
son, althoughit destroys property and q
tacks human life.
"But when large number of men ar