The record-union., 1894-07-14
Special to the REcoRD-UNIox.

Special to the REcoRD-UNIoS.
SAN FRANCISCO, July 13.-Sixteen days
have intervened since the general strike
was inaugurated on the Southern Pacific
system. During the entire period rail-
way traffic has been at an absolute stand
still in Northern California. At least
seven, and probably nine. human lives
have already been sacrificed in the des-
perate struggle that is on between the
railway company and the Federal Gov
ernment on one side and the American
Railway Union on the other. The COM
mercial loss has been enormous. Not
only is general traffic almost at stand
still, but seasons fruit crop to the value
of hundreds of thousands of dollars is
perishing in the orchards. Tonight there
is every indication that the fruit-growers 8
are to see more of their crop spoil on their
hands, and that the embargo on COM
merce is to be indefinitely continued.
When the United States army and navy
was thrown into the fight it was said the
trouble would speedily end. 1t is now
three days since the Federal troops went
into the field in Northern California, but
the end is not yet in sight.
Another train bearing ESQ United
States troops from Fort Douglas. Utah, is
westbound. This train arrived at
Winnemucca at noon to-day, and under
cover of these troops a westbound pas
senger train that had been stalled at
Winnemucca since June 29th was re-
leased and started forward under a mill
tary guard. One company of troops was
left at Winnemucca and military picket
established around the railroad property.
The rest of the troops proceeded west
with the passenger train. A wrecking
train with two flat cars loaded with
troops are coming on ahead of the train.
Another overland train from Los
Angeles is also coming into Northern
California under heavy military guard.
This train passed Bakersfield this after
noon, and without accident is due to
reach Oakland late tonight.
At Oakland the railroad yard and the
mole are now under the protection of a
force OF 1000 United States Marines,
State militiamen and deputies. The
force has been sufficient to overawe the
riotous strikers, and to-day there was no
further violence.
In San Francisco the event of to-day
was the impaneling of special u nited
States Grand Jury by Judge Morrow to
investigate the prevailing disorders. In
the course of his charge to the jury
which had been specially drawn from the
business men of San Francisco. Judge
Morrow said:
THAT the passage of the mails over
certain lines OF railroad in this State has
been retarded and obstructed there is no
question. The regular receipt and dis
patch of mail over the roads OF the South
ern Pacific Company have, in fact, been
for period of about two weeks. Who is
responsible for this state of affairs? The
strikers, the railroad company, or both
The railway is a great public highway,
and the duty of the railroad company is
first to the public. The road must be
kept in operation, if it is possible to do
SO with the force and appliances within
reach. Any negligence in this respect
is not excused by temporary difficulties.
The damage and interruption caused by
the elements are usually promptly re-
paired and removed. The same energy
and good faith should be observed with
respect to the removal of labor and other
difficulties.
1.-THE present controversy between the
Southern Pacific and its employees ap-
pears TO be in relation to Pullman cars.
Both parties to this controversy have an
nouneed in the public press that they
move freight cars and passenger trains
without Pullman cars. In my opinion
the situation has been of such an extra
ordinary character, and the interruption
to commerce so serious and long contin-
ued, as to have required of the railroad
company to temporarily waive all queS-
tions concerning the makeup of regular
trains, as the officers of the company
claim to have DONE and employed such
resources as the company had in the
movement of other trains in an effort to
relieve the prevailing congestion and dis
tress. This obligation / believe to have
been public duty, and willful failure
to perform this duty with respect TO the
movement OF the mails and interstate
commerce come within the purview of
the statute. It is your duty to determine
this question under the law and present
the guilty parties TO the court for prose-
cution.
''In this inquiry you will not limit your
examination to the conduct of any par
ticular class of persons, but carefully
scrutinize the acts of all parties con-
cerned, whether they are officers of the
railroad company or employees. and with
out fear or favor or influence OF any kind,
point out in the proper manner the per-
sons who have transgressed the law and
imperiled the best interests of this State.
I'm your inquiry you may find that
parties have so associated themselves to-
gether in their conduct as to bring them
within the law of conspiracy"
Judge Morrow continued his charge
by referring to the demoralized condition
of affairs entailed by the great strike in
this State, and holding that the interstate
commerce law can be applied to railroad
employees as well as to railroads. lie also
quotes the law referring to conspiracy
and obstruction of the mails, and says:
Where several persons are proved to
have combined together for the same ille-
gall purpose, any act done by one of the
parties in pursuance of the original con-
certed plan, and with reference to the
common object, is, in the contemplation
OF the law, the act of the whole party,
and therefore the proof of such act will
be evidence against any Of the others who
were engaged in the same conspiracy.
ut is also true that any declaration
made by one of the parties during the
pendency of the illegal enterprise is
not only evidence against himself, but is
evidence against the other parties, who,
as we have seen, when the combination is
proven, are as much responsible as if
they had done the act themselves
"You will observe in this connection
that the act of combination to violate the
statute is the important element in the
crime of conspiracy. The law regards
the act of unlawful com bination and con-
federacy as dangerous to the peace of So
ciety, and declares that such com bination