The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-08-22
COOLEY'S VIEWS.
His Address to the American
Bar Association.
The Strike and the Coxey Move
ment Are Reviewed.
ALTGELD CONDEMNED.
His Action Not Only Unwar-
ranted But Revolutionary.
ArbitratOrs POwerless to Deal
With a Sympathy Strike.

SARATOGA. n. Y, Aug. 22.-The Ameri-
can bar association Of which Judge T. M.
Cooley Of Ann Arbor. Mich, Is
its 18th annual president began
meeting here this morning. The
president being absent by reason
Of illness, his address was read by
the acting president, Judge Samuel r.
Hunt Of Cincinnati 1t was very lengthy
and communicated the most noteworthy
changes in statutory law on points OF
general interest which have been made
il the several states and by congress
during the preceding year.
Judge CooIey's Address
"The year which has elapsed since the
last meeting Is in some very striking par
ticulars one Of the most notable IN the
history Of the country. and 1 think l
cannot more usefully occupy your time
than by inviting your consideration Of
some of the phases of social and public
life, which in a constitutional point of
view appear to merit notice.
They have "A bearing upon the vital
principles Of our political institutions
and seem to Indicate a necessity for re-
viewing the work Of those whom we
have been accustomed to admire and re-
spect as the founders Of liberty in the
western world and for considering and
judging for ourselves whether the struc-
rure they created and which has hitherto
been the admiration Of the world. Is
"The experience Of the year has
taught us. if we needed the lesson, that
times may and viii come when the fact
that for century political institutions
have had benehcent operation and the
excellence OF their principles has seem
ed unquestiOnable 10 those who have en-
joyed them, may perhaps no longer be
accepted as conlusive evidence Of their
consistency, with true liberty or with the
highest good Of j free people.
The careless. or interested criticism
OF one whose political following seems
10 be disconte n. ed wiki whatever of gov
ernment now exists may suffice TO put
our Constitutional structure under sus-
picion, and the Outcry OF persons who
not unlikely are SO new to our country
that they SPEAK but imperlectly It's Ian
guage and cannot read clause of its
constitution may be enough to raise in
the mind of one who courts their favor
doubts, real or preteaisi, whether
the freedom we are supposed TO enjoy is
more than nominal
~ hen such a time comes the most
fundamental principles may be in need.
not merely Of tacit acceptance. but Of
defense that shall consist in active aud
aggressive warfare upon those who, in
dIsOrderly or unconstitutional way, assau
them.
That Extraordinary Spectacle.
Il shall first refer 10 tnaI extraordinary
spectacle Witnessed early in the year Of
considerable bodies of men collected in
various sections OF the country under the
leadership Of persons who assumed mill
tary titles. and who proposed to march
upon Warrington. The thought acruat-
ing the movement was that the country
of their birth, or which they had selected
to live in, owed them the duty to see that
the means OF support we're provided
them, and that the government must per
form this duty.
mo attention seems to have been
taken by them Of the apportioning of the
powers between the states and the gen
eral government The state was passed
unnoticed, though to one familiar with
our institutions 1t was plain enough that
the duty insisted upon, if il existed at
ali, must rest upon the states, and the
armies marched directly upon the na-
tional capital to demand the action OF the
general government
These vaRrant bands marched across
the country to the great detriment OF its
industrial life While they pretended to
represent the doctrine that the govern
ment WAS under obligation TO provide for
its people the means whereby a COM
Portable living might be had, they found
sympathizers among those temporarily
out Of employment and also among other
well meaning people who had Of the true
functions Of government only vague aud
unsettled notions They caused unrest
everywhere as they represented notions
social and political state they were
everywhere public danger.
During the summer just passed. the
country witnessed a great and disastrous
boycott and strike Of railroad workmen-
The cause was not any controversy over
thslr own wages. or about their treat
ment BY their employers; il was a sym
palmetto movement, sO-called
The Pullman Boycott.
eOne question fairly arising. and which
has hitherto received slight attention.
concerns the rights legal and equitable
OF those who were TO be affected. and
raisaB the question whether under prin-
ciples supposed to prevail wherever free
government exists, the strike as against
them could be fully justified without
careful consideration Of its probable ef-
feet upon their interests being first had.
and II practicable. an opportunity given
them to urge reasons from their own
standpoint against it being entered
upon.
Il understand very well that
In the case of the ordinary
strike Or boycott entered upon for the
purpose OF redressing an existing
wrong, or 70 prevent one which is threat
oned, the case is, to a considerable ex-
tent, such ae partakes of the nature of
se4f-defense, and Incidental injury to
Gh1rd parties, If it is unavoidable IA ex