The morning call., 1894-07-30
DID NOT REBEL.
Attorneys on Strikers
Offenses.
ONLY CRIMINAL TRESPASS.
. There Was No Intention to
InCite InsurreCtion.
STATUTES WHEN STRETCHED.
Opinions on the Extraordinary
Charges Against GreenIaw and
Badmer of Sacramento.
STATUTES WHEN STRETCHED.

The singularity and boldness of the
charge of rebellion against a. G. Green
law and II. Z. Badmer, strikers arrested
at Sacramento recently for ObStructing the
United States mails. and branded yester-
day in this city as rebels, have more than
surprised attorneys, who read the strange
news in THE CALL.
1t would seem, according to the law
yeIs, that, although Assistant United
States Attorney knight has made the
charges against Greenlaw and Badmer
with strong feeling of security and right,
the men are far from being rebels.
At least that is the opinion of diStin-
guished attorneys. Anyhow, it will take a
clearer head than the one guiding the Gov
eTnment in legal procedure in San Fran
cisco to determine the status of the al
legged crime. Attorneys, too, will have a
brilliant contest in the case, not so much,
il appears at present, over matters OF fact
as on the question, what in the defend
ants actions really constitutes iasur-
rectIon.
c. L. Ackerman stated that in his opin-
ion rebellion is too grave a charge to make
for what he believes is simply criminal
act devoid of seditions intentions.
ut seems to me-" he said. "to be a
strained construction to bring the defend
ants within the puTview Of that statute
l don't believe, literally constructed
though il be, this was ever intended to
embrace a case of the kiUd under conSid-
Grafton"
He was discussing sections 1894 and 1896,
United States Statutes, on which the com
plants are made, and which were pub
llshed In HE CALL of yesterday.
The acts of those strikers" he cOntin-
: ueo, "were merely acts Of trespaSS and
they would be liable as such. But 1t seems
TO me there is no attempt at rebellion or
lnsurTectiOn against the authority of the
United States. 'Tis true there is some
language in section 1886 that might be
SO construed as 10 probably make them
amenable TO this Charge; but 1t would
seem hardly possible that if two persons
would engage In destruction of property
TO cOerc6 an Individual or corporation
90. to gain their ends through such coercion.
although it might affect the mails. it could
be rebellion against the United States.
; Rebellion Is the avOwed renunciatl0n
Of the Government to which one owes
allegiance. the taking up of arms traitor
eusly to resist lawful government
The acts OF tile strikers might tend to
destroy properly, which in ny mind is
nothing more than criminal tTespasS, and
they are amenable for such. 1t Is not
declaration OF hostility to the Govern
ment, but simply an attempt at destruc-
ton of property of a corporation, and in
'cident to that mails may be stopped. The
'Offense charged is certainly contrary to
what we understand to be rebellion.
Though. suppose, Mr. Knight has acted
oadvisedly on Instructions from Mr.. Olney.
: "A peTsun may be loyal 10 the Govern
.ment, have no tTaitorous feeling against
9it. and IN seeking to compass his end
against an individual or corporation may
work an injury to government or resist
authority of lawful government. aad yet
be no rebel. These are my offhand views
on the question here presented.
: While Arthur Rogers refrained from
giving q critical view of the subject he
j: saiQ enough TO show that among the best
:'men at the bar there is a feeling that re-
belllon is too severe charge.
. This Is a matter to which | have given
DO attention" be said, but on the face of
the sections quoted and On the statement
of facts that these two men have simply
Joined in a STRIFE. there does not seem TO
:: be- sufficient basis for the charge of re-
: bellion in the sense in which il is used in
the statutes.
= ITO be guilty of rebellion what should
the prisoners have done ?' was asked.
:'Ihere is no statement that they con-
spired with any person else TO break the
: laws Of the United States By force" MIR.
Rogers answered. Intention and act
constitute the crime, ana | don't suppose
these men had any thought of insuFrec-
:-tion against the Government
-: GTeenlaW and Badmer have secured
counsel and expect to be released on writs
of haeeas corpus.