The record-union., 1894-04-26
BLooDsHED ALL WRONG

BLooDsHED ALL WRONG.
ATLANTIC Iowa, April 25.-Kelly,
when shown the Associated Press dis
patch telling of a fight at Billings, was
deeply affected. "This is awiul,o he
said. 81 fear our cause is ruined. Blood
shed is wrong; resistance to the authori-
ties is wrong; it is ali wrong. We are re-
duced to the level of mob. The militia
may be called out at any moment to stop
our progress. This gives them an ex-
cuse to regard us as lawless. / would
give my life TO have this days work un-
done. There is no excuse for the action
of these Montana men. l don't know
them and have not been in communica-
tion with them, but | did not believe
they would resort to bloodshed."
Spead talked Ia the same strain and
wept freely over the intelligence. He,
too, feared his cause would be ruined.
PEACE IN KELLY's CAMP.
ATLANTIC Qa.). April 25.-Comparative
peace reigns In Keily's camp tonight.
Kelly, Baker and Colonel Speed have
kept together and sworn eternal aIle-
glance to the industrial banner and the
army. Kelly received word tonight
from General Weaver. saying that the
latter was at work endeavoring to secure
transportation from Des Moines, and
stating that the outlook to-day was bright.
INDUSTRIALS IN JAIL.
SANTA BARBARA, April 25.-Colonel
Vinette and seven comrades OF the In
dustrial Army confined in Jail on charge
of attempting to evade the payment of
railroad fares, and also inciting riot, were
to-day brought before the Superior Court
on writ of habeas corpus. AS to the
first charge the court ordered defendants
discharged, on the ground that the COM
plants did not state facts sufficient to con-
stitute public offence. On the second
charge the writs were dismissed and de-
PENDANTS were remanded to the custody
of the Sheriff, pending their trial before
the Superior Court.
THE ACTION OF THE PRESIDENT.
WASHINGTON, April 25.-As there has
been manifested already in Congress a
disposition to criticise the Presidents ac-
ton in ordering the United States troops
to stop Hogan's train, it may be proper
to set forth the facts that influence the
Executive branch of the Government in
this matter. First, it appears the Hogan
party, 500 strong, applied to the Northern
Pacific Railroad authorities for transport
alton free to Washington. This was re-
fused by the receivers. Then the men
broke into round house, captured an
engine and made up a train. Al this stage
the railroad authorities applied for and
obtained from the Federal Court an in
junction to restrain them. The author
ity for this was the fact that the railroad
was now in the hands of the United
States, and the courts were responsible
for its management, through a receiver.
The Hoganites disregarded the injunction
and the court issued writs of arrest
against them for contempt of court.
When the United States Marshal sought
TO serve this writ, he. with his deputies,
was locked up by the Hoganites, and the
party ran away with the train, heading
for Washington.
Finding themselves with the resources
at their command unable to carry out the
lawful proceedings of the court, the
Judge and the United States Marshal
telegraphed for aid to Attorney General
Olney. The latter saw the President last
night, and General Schofield was called
into the consultation. It was soon settled
that there was warrantable necessity for
Executive action. The property seized
was within Federal control, and the mob
bad resisted the mandates of the Federal
courts. Sections 5297 to 53l6 of the Re-
vised Statutes authorize the use of Fed
eral troops TO suppress Instructions, re-
bellions and conspiracies which prevent
the enforcement by judicial process or
civil proceedings of the laws of the
United States.
There was no ground for the inter-
ference of the Governor or State authori-
ties of Montana, for the matter was an
otfense against the Federal statutes, and a
violation of the orders of Federal court
So there was no recourse but to the Presi-
dent, and no course open to him save to
maintain the law, and the usual civil
process having failed through the Mar
shal's inability to control the situation,
to direct the United States troops to en-
force that process. He therefore issued
orders to Colonel Swayne to intercept the
law breakers, arrest them and turn them
over to the United States Marshal for
such action and punishment as the court
may prescribe.
The Northern Pacific line, over which
the Hoganites must pass to come East,
runs through the boundaries of a military
post at Fort Keogh, Mont, and this point
was selected for the arrest to make sure
the Hoganites should not pass beyond
the Montana line, where the jurisdiction
OF the United States Marshal, Mr. Bede,
would stop. Fortunately this point is
one of the strongest garrisons in the
Northwest, comprising about 800 men.
RESOLUTIONS CONCERNING THE ARMY.
WAsHIN GToN, April 25.-In the Senate
to-day Senator Allen offered the follow
ing resolution, for which he asked imme-
diate consideration:
"WHEREAs, 1t is currently reported
that unarmed, law-aiding and pesceably
disposed but unemployed citizens of the
United States are about to peaceably as
semble in Washington to petition the
Government for the redress of their
grievances; and whereas, threats of ar
resting such persons have been made on
their entering the District of Coiumb bia
and the city of Washington; therefore,
be it
"ResotUed, First, under the Constitu-
ton of the United States, citizens of the
United States, regardless of their rank
and station in life, have an undoubted
and unquestionable right to peaceably
assemble to petition the Government for
a redress of their grievances at any place
within the United States where they do
not commit a breach of the peace men
ace or endanger persons or property, or
disturb the free use of the streets and
highways by the public; second, that
such persons have as undoubted a right
to visit or assemble in the city of
Washington for any and all peace
able purposes as any portions of the
territory belong to the jurisdic-
ton of the United States at all
times being amenable to the law for any
violation thereto; third, that such per-
sons have right to enter on the Capitol
GROUNDS oil the United states and in the
Capitol itself as fully and to as great an
extent as any other citizens or persons,
as long as they do not disturb and hinder
the transaction of public business. men,
ace the public peace, or rights
of persons and property, and any
threat of violence TO such persons under
such circumstances would be clear yio-
lation of their constitutional rights:
fourth, that we commend the prompt en-
forcement of all just constitutional laws,
looking TO The preservation OF the public
business and the prevention of crime, but
under pretense of preserving the public
peace and the prevention and punish
ment OF crime. peaceable and law
abiding citizens must not be disturbed in