The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-01-22
Held in $500 for Trial. and the Others Re-
leased on Bonds OF $3.50 Zach.
Judge Baker Improves the Occasion to
Clearly ExpOund the Law of the Case,
And 10 Make Plain That in His Court the Rights
of All WillReceive the Protection TO Which
They Are Entitled BY Statute.

day by Judge Baker. Defendants Kirk
wood Nixon. Bailey and Sullivan with
drew their pleadinzs. which had In
pluded denial of tho charges, thus
virtually putting them in the attitude of
pleading guilty, and throwing them
selves on the mercy of the court.
Judge Baker then inquired of
the others, including w. j. Matthews,
George Davis. Thomas Ready. A. Vance,
Charles Egan, John Murphy and Frank
LAWYER, what they desired to do. They
conferred and decided TO stand trial.
The evidence was not concluded.
and on account of enforced absence
all this week in Chicago. Judge Baker ad-
jourDed court to Jan. 80. The court placed
the bond of Nixon, Bailey and j. l.. Yates
at $500. saying that they seemed to be tho
leaders. Vance, Murphy, Sullivan and
all the rest were placed under a
bond OF $3.50 each. Ready and Vance, at
the request of attorney Hackedorn. were
allowed 20 90 on their own recognizance,
on account OF sickness In their
families. In order to give the de-
PENDANTS something for their guild
snce during the weeks intermission
of court. Judge Baker took occasion, he
said, to set forth the law relating to those
who dIsobey such an order of court, and
also to those who in any way aid or assist
He used the following language:
The court recognizes the right OF any
man or number of men to quit thes service
OF their employers; and IL recognizes the
right OF men to organize. If they deem lt
expedient to better their condition. 1t
also recognizes the hsrdships OF the lite of
the average labOrlng man. Their condi-
tIons are often such as to touch the sensl-
bilitles OF feeling heart. The court 10
also aware of the scanty wages which
they often receive, of their long and ardu-
Gus hours of service, frequently ex-
posed to the rlgors OF an lnclem-
INT season. All these things are
calculated To produce sympathy in every
right minded man. 1t Is laudable for men,
whether they are day laborers or are en-
gagged In other vOcations of life. by organ
lZatiop, TO take any lawful course for the
purpose OF lettering their condition. But
it must be done according to those princi-
piles that lie at the very foundation OF the
social compact. Man was created for or
ganiZed society, and in order that society
Bhall exist whatever may be the form of
government 1t Is abso iutely Indispensable
that the great fundamental and GOG-gIven
right OF every human being. unrestraIned
aIld unintimidated, to labor and enjoy the
fruits of his toll, should be protected.
There is little excuse for labor to
organize and by unlawful means attempt
to overthrow the law. Society is Organized
under our form of government on the
recognition of mans rights AS man. If
society were OyerthrOwn and men turned
back into conditions of anarchy, as they
were In large measure during the dark
ages, when power and force made right,
the condition of the laboring man would
not be bettered. If such were the condi-
ton of society the man or the men with
great intellectual power and great wealth
would become the masters of the laboring
classes as in those dark ages, and the
Iaborer would be little better than q slave.
The effort of these defendants. as the
evidence In this case shows, Is an etfOrtnot
only to overthrow the law. but also an
effort to overturn the just authority of the
courts. To permit this would be on offense
not only against society, but against the
laboring men themselves. In the con-
WILSON'S of society, when law becomes
silent and force reigns. 1t Is the humble.
and the poor, and the po erless that become
the victims. The condition of things
that is evidenced by these strikes
is well calculated to impress
thoughtful men with their danger
do not know but that am q little old
fashioned In my notions, but confess that
cannot look with any degree of tolerance
on the false ana dangerous teachings of
those who actively. or by their silent &C.
QuIescence. are leading labor organizations
to think that, because they are organized
seize property, OF by intimidation TO pre-
vent weIl-dIspOsed people from lsboring.
In my Judgment IL Is no less criminal for
an organized body of men to commit
these wrongs titan IL would be for single
man. armed with bludgeons or Tevolvers,
TO commit the same wrongs upon the per-
sons or property OF others. confess
that so tar L can see If my property or
personal rights are invaded by a body OF
men who call themselves organized laborers
there is no distinction either In the view
of Gods law or human law than if the same
things were done by q single individual.
Indeed it would be more tolerable if il
were done by the midnight robber in the
silent watches of the.Dlght than If 1t were
done by organized body of men. L think
IL would be wholesome IL this lesson which
was taught me by my parents In rude
frontier cabin in the early settlement of
northwestern Ohio had been taught
these men by their fathers and mothers.
When i come TO the final disposition
of these cases shall deal justly and mer-
cifully with these men. But do not in
tend that it shall ever he said of me, If
anytime shall ever be- said. that. as q mag
istrate. L failed in the discharge of my
duty In any such way as tended TO unsettle
the foundations of our government. l am
charged with n great and solemn duty.
There can be no greater or more solemn
duty than that which requires judges to
impress on men not only the supremacy of
the law, and the rightful supremacy of
the law. but that it Is necessary that ineu
should be punished who violate the law in
order that the fabric OF human society may
not 60 TO pieces.
"In this case the evidence shows that
there are q number of men " no belong TO o
secret labor organization whose ramitica-
tions reach not only over the entire extent
of the United States. but into Canada as
we'll. IL has kindred associations by other
names in Europe. All these organizations
have the same general aim, and that is by
force, violence and terrorism TO compel
their employers to submit their business,
their property. their means OF livelihood TO
the ar oItrary demands OF these associations.
In their secret, OATH bound assemblies
they determine for themselves on what
terms they will WORK for others. They re-
fuse those who are not members of their
association TO labor when they desire TO do
so. Those who Will not submit TO their ex-
actions have no more option about carry
ing on their business than has the belated
traveller W hen the highwayman presents q
revolver and bids him submit.
''As | say do not see any difference.
either morally or legally. between this sort
of business where an organized body of
men conf Ine for the criminal and unkaw-
ful purpose of compelling somebody else.
against his will. 10 submit TO their de-
rnands than II the same thing were done by
q single individual. If they compel submits
sion 10 Is robbery. because whoever COM
pels me by force terrorism TO give 10
one dime OF my money or one dimes worth
of my property Is equally guilty. whether 10
be- the man W ho NEE Is me on the street corner
In the nighttime or an organized band OF
strikers no take possession of my property