The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-08-23
The Mistake OF tho Movement
Pointed Out by tho Emil
nent Jurlst
He Also Declares Sympathetic
Strikes Arc Bad In Morals
and in Policy.
A Strong Defense Of the Presidents Ao-
tlon at the Time OF the Riots In
Chicago.

SARATOGA, N. Y. Aug. The Ametieln
Bar association, OF which Judge Il. NJ.
Goo 'sy, OF Ann Avbor. Mioh., is president
began I've seventeenth annual meeting here
to-day. The president being absent BY
reason Of illness. hii address was Tssd By
ths acting presidsnt Judge samuel r..
Hunt OF Cincinnati. II was very lengthy,
aud communicates tho most noteworthy y
ohanResin statutory law on points OF gen
ersi interest which have been made In ths
several states and by cong sss during the
preceding year. or tho COrsy armiss Judge
Cooisy said; "Tbo thought sc,ua,ina ths
movement was that tho country Of their
birth. or which they had 40 seted 10 live 10.
owed them the duty 90 see that the msanl
OF support were provided them. aud that
the govern nment must perform this duty.
No nttsrtion seems 20 have been taken
BY them OF the sppor,ionmont ol
powers between states and the general
government The state passed unnoticsd.
though TO one familiar with our institu.
lions IL was plain snosgh that the duty 10.
sisted upon. ifis existed AZ all. must rssl
upon the states. and armies marched di-
rectly upon the national capitol TO demand
action Of the general government. Tbi'
caused unrest every where. and ss tbsy rep
resented notions which arc aptagonistio 10
the existing social and political state. they
wore every whore public Danger" Allud.
ing 10 the recent railroad troubles. be said
"A sympathetic strike 10 bad 10 morsls.
and must be Qsite as bad In policy. when
the probable injury TO innocent parties
will exceed the probable benefit TO the par
ties ID aims 10 assist"
Referring TO state and federal rights, and
the protest of Gov. AltRsld, he says: ''rhsr,
wore national duties to bs performed In
Illinois; national ofiicera agents and cou rtl
TO whom. in ptrt, the performance was In
tr usted. and disorderly parties were inter.
ferlng and rendering this performanc,
difficult. oftentimes impossible. Bat Oh,
position Of ths governor was that the ma in
Wnanoe OF peace and the repression OF
order. was state duty. aud the president
guilty OF usufpation when he thus, without
request, moved troops into that state fol
the purpose. We cannot admit that th,
position taken 10 even plausible. II has nc
warrant In the federal consultation which
on tho CONTRARY, is distinctly aaainst IL
1hs president 10 10 take care that the fed.
srAl laws be faithfully exeouted. and hi
doing 80 10 not made TO depspd upon th,
will or consent Of any ono. The duty II
specially, and iu the plainest terms, i'm
rosed upon him. aud in the performance OF
10 be is subordinate 90 no state suthority.
yet. n the views OF the governor wsr,
scoertsd as sound. mails might 10 s,oppel
at Chicago. Interstate commerce broken
up, and the processes OF United Statei
courts refused service unless the governor.
with disorder domina ant. sav az to suppres,
| 10 OF call upon tho D esident to do 30. II
the p otsst wsro yielded 10. 10 was wltn the
concession that the governor, and NOT th,
president. was 10 take care that the laws ol
the United States were faithfully exeeutec
| In his state, and IL he failed 10 do so the
| mob might at pleasure defy them.
Tho action taken by the two hsuses o
congress In approving in emphatic term
what had been done BIZ the president wa,
| equivalent to an expression OF the opinion
that the protsst OF the governor Was no
only unwnrranted bot evolutionary. tn,
sentiment of the county, MS expressed II
lite public journals and othervise. was 4
the same fleet, and the question Of eonstl.
tutional Law may be eonsldsred prsoticall,
| settled"
| SpsAking OF arbitration he said: "Sur-
pose q national law providing for oompul
cory q bitration bad existed and tho striker
had demanded the intervention of the ar
bit ntiOn board. what must have been th
Tssultl Obviously, after tho board ha,
looked into the case. u would have beef
compelled 10 say that, under Law, the.
oVull give no remedy for IL, 10 no applica
tion had bson made. The strike was b.
| "A h.t.
ployers were the only parties TO N. Bu
the cause OF complaint which LED to m
strike was controversy between oihef par
ties altogether; parties who stood. indeed
Ia hostile attitude to each other, but wer
not srtiea TO this stdke. and could not bs
brought into pnrt in the arbitration de-
mnnded. Tue boarI summonsi to oon.
slider this would DO wholly without juris
diction 10 detr rhine. OF even to look int
| the merits OF tho oontrovs ~ which Was th
eIeua, fof ths one nov brought TO It's at
tentlon. A finding made by given nun
tef of arbitraiors hs 10 the meTiia OF th
original controversy In aaeh casss would
be An idle elimination Of opinion. havinl
behind no force Of law and going no fa Tho
to liz the moral obligation upon any part'
concerned than would n like ex reaHien b.
any other equal number OF equally intelli
R1nt members of the community"
Secretary John Hinokloy, OF Baltimore
reported the membership az 1.ll3. and ia
slsotion OF sixty new members. Evsr
stats hut Nevada, and three out OF hvs 10
ritor o., veIs represented. T,saiuttr Fran
eis Rswle, OF PhilAds.t hin, TO oTtsI lh
finances in hoGrishing condition Asd
comfortable balance IN bank.
This afternoon the chairman's addres
was made by H.nTy Wads Rodgera prssl
dent OF the No thvsuern naiversitJ, u
Evanston. Ill. Pspe's we're read by Juag
johnson 4. Dillon. OF New Yo X, on III
True Z, ofosaional Idea" aud by John
Lawson. Of tho University OF Missouri =
st. Louis, on "The Standai da OF Legal nd
ucation In tho West"
About Due In This section.