New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-07-12
JrDGE GROSsCUP'S CHARGE.

The labor crisis is not without compcnSatlonS.
inadequate though they may be when measured
against the incalculabc losses caused by me
folly Of Dcls and his associates. one or these
Is the admirable use made by President Clcve-
land Of his Executive functions in vindicaiing
the supreme authority of law. Another Is the
efficiency Of the Army organization In rapidly
concentrating large force Of Regulars in chi
caco and in restoring order in California ana
elsewhere Another Is the unanimous action or
the American press in making direct Issue be-
tween law and lawlPSsncSS. and in exercising
n conservative and restraining influence upon
public opinion Senators Davis and Gordon
have also given an exhibition ~ courage and
sacacitv In saving the right thing az the right
time and in the right way. and have offered a
convincing proof that statcsmanlikc qualities
have not disappeared from public life. II has
been reserved in like manner for Judge Gross
CUP. in his charge 10 the Federal Grand Jury
NJ Chicago 10 sustain The high character Of the
American judiciary in a most impartial and
luminous exposition of the questions Of law in
volvcd In a molncntouS labor instruction.
While This charge was speedily followed by
the Indictment of DcbS and the strike leaders,
II was not characterized by incorporate Ian
1Iage or unrcStraincd zeal The ISSUES Of fact
were left for the consideration of the Grand
Jury The ISSUES Of law were analyzcd and dis
cussod from the bench rs quietly and diSpaS-
sionatolv as though the continent were not con
yulscl with Il gigantic struggle between Gov
ernmental authority and the forces Il disorder
and Anarchy In the same tone Of judicial gray
ity with which dry question Of admiralty
practice might have been considered. Judge
Grosscllp defined the penalties for rebellion and
instruction and for the obstruction Of The mails
and the interruption Of Interstate commerce. *
planned the nature II a criminal conspiracy in
oDpositIon 10 the execution Of the laws Of The
United States. excluded bloodShcd as not an in
dlspensable condition of such conspiracy and
left the Grand Jury to apply his instructions To
| the conduct and relations Of the strike leaders
TO the suspension of railway traffic AMI the
TRANSFORMATION of the mails The simplicity ~
| the Judges language. the mcdty ~ his cXposi-
ton OF law relating TO insurrccilon and con
spiracy and the sclfrcstraint and imparaty
with which he discharged his functions In a
grave crisis are worthy Of high commentator.
The passage OF this charge respecting tho
rights Of labor contains elementary instruction
for every law-abiding workman In the land.
II explains what are the essential rights or
labor namely, TO organize: 10 work or 10 quit
work; to obtain "the highest wage that The
strategy OF work or cessation from work may
bring; and TO choose a leader who may OBJ
serve think or act for the organization II also
sets forth what labor leaders may lcgitlmaicly
do namely, TO act IA trustees In good faith and
according TO the extent Of their legal authority.
Judge Grosscup does not hesitate 10 pronounce
labor organizations as both legal and beneficial
when they act within reasonable limits under
enlightened and conscientious leadership and
do not restrain individual liberty: but by a
forcible practical illustration be shows how DIS
honest or ambitious leaders can exceed their
supposed authority. violate their trusts, bctray
the toillng thousands represented by them and
expose themselves 10 prosecution for conspiracy
and instruction against public law
Not one word Of this admirable and whole
some charge can be quoted as an indication OF
lack Of sympathy with the cause Of labor ana
its organized agencies. Judge Grosscup readily
comedies. as every sane man must DO that
changes and reforms are needed In IN" relations
of capital and labor In order to cOuntcract dan
gerous tendencies in industrial progress; but he
contends with wise conservatism that appeals
are 10 be made 10 public intelligence with pa
thence and persistence and that misguided lead
ers who have recourse TO force and menace, are
not only conspraiOrs against government by
law but the worst enemies Of the labor cause.
The law as 1t is" he Declares must first be
law or practice as it ought TO be can be- Of
fectually brought about. Government by law
is imperiled, and that issue is paramount"