The record-union., 1894-05-23
ARMY OF THE COMMONWEAL.
FIGHT BETWEEN INDUSTRIALS
AND TRAMPS IN NEVADA.
The Trial of the First Batch of Veal
ers at Seattle for Trains Stealing
Twenty-Five Convictions.
Special to the RrcoRp-USrox.

Special to the RECoRD-UNIoS.
LovELocKs (Nev.). May 22.-Two hum
dred Industrials, accompanied by a brass
band, passed through here to-day bound
for Washington. One hundred tramps
were on the train with them. At Desert
Station the tramps demanded rations
from the commissary department of the
army, and a pitched battle ensued, with
clubs and rocks as weapons. Before any
serious harm was done the trainmen
pacitied the factions.
The Suffers Fort 1ndustrials have been
so successful in giving minstrel per-
formances that they have surplus funds
with which to buy whisky. They have
made themselves extremely obnoxious to
citizens by their drunken carousals.
Since the CoXey movement began $500
Industrials have passed this point on
their way to Washington.
BARKER's ARMY.
MERGED, May 22.-General Barker
marched his regiment of Industrials into
the city from Bear Creek Camp at 10
O'Clock this morning. They stopped on
the public square long enough to pass
resolutions of thanks to the citizens for
their liberal donations and courteous
treatment, and after three cheers for the
citizens, the army paraded the streets and
marched out of the city, going south.
They expect to eat dinner at Ath1one and
camp tonight at Minturn.
TwENTY-NINE WEALERS CONVICTED.
SEATTLE, May 22.-The trial of the
first batch of wealers ended to-day with
the conviction Of tWenty-nine and the
release of six. The convicted men were
sentenced to sixty days in The United
States Penitentiary at McNeilPs Island.
Judge Hauford gave an able opinion,
covering the points OF law raised in the
arguments by the defense.
The first objection is based on the
ground that the acts charged against the
defendants is indctable as offenses
against the laws of the United States, and
it is urged that Congress having pro-
vided punishment pursuant to rules and
methods and under constitutional limits
applicable to criminal cases, it is the will
OF law-making power to deprive the
court of power to act otherwise than ac-
cording to procedure in strictly criminal
cases. ''Such is not the law" says the
Judge. The Supreme Court of the
United States passed directly on the
question in a contempt case, and has
decided that the power and right of the
court to deal with persons guilty Of con-
tempt punishable by reason of being in
contempt of the courts exists, although
parties may be subjected to Indictment
for crimes growing out of or committed
at the same time and in the same trans
action"
The question of jurisdiction in trying
the cases in the northern division, when
the offense was committed in the south
ern division, the Judge also disposed of
as untenable. 1.-The place of offense of
the contempt cases is not the place where
the defendants may stand, but the offense
is the striking at the power of the court,
Y Il IL ~.
is committed al the place where the court
sits, and there the defendants must be
brought for trial. The fact that the road
was in the hands of receiver since last
year was generally known. and plea of
ignorance OF the courts order was no de-
fense"
The Judge gave the benefit of the doubt
to six against whom the evidence was
somewhat weak, but regarding the re-
mainder, he held that all who were
present as a united body OH the train dur
ing an actual conflict with the Marshals
are equally guilty.
KELLY ARRESTED.
CREsToN 1a.), May 22.-Kelly's Com
monweal army of about 200 men reached
here this evening. j. NJ. Joseph, the
Populist candidate for Governor last
week filled out train of wagons and met
the 1noustrials-at Crowell ami brought
them to Carrollton under the escort of
the local band. The procession came into
the city and was halted on the main busi-
ness street by the Marshal and deputies.
Kelly was arrested, and for time most
intense excitement! prevailed. Incendiary
threats were freely INDUCED in. The
General was taken before Justice Sher-
ley and placed under 500 bonds for APP
pearanc4 for trial tomorrow. After his
release the army was conducted to their
camp outside the city limits.