The record-union., 1894-07-11
IT is TREASON.
The Strikers are So Advised by
Their Attorney
The Presidents Right to Use the Army
to Execute the Law is Conceded
by General Hart.

Yesterday the Mediation Committee of
the American Railway Union requested
their attorney, General A. L. Hart, to
give them an opinion on the subject of
their rights and responsibilities in case
they were confronted with United States
troops. He did so, informing them that
resistance to the troops under present
conditions is treason. Following is the
opinion in full:
SACRAMENTO, July 10, 1894.
II. 4. K7to1, Chairman Of the laediutaOn
Committee, Il. r. U.-DEAR SIR: In view
Of the threatening condition of affairs
this morning, deem it my duty to you,
as well as to myself, to express to you
some of my views upon the existing situ-
alton. and to advise you as to your rights
and duties in the premises. The compli-
cations between the railroad company
and its striking employees, it seems, has
so far extended itself into the other de-
partments of business, trade and COM
merce, that the controversy has now
shaped itself into fierce combat between
labor and capital in general. For some
reason, and by some means, unknown to
others than those in power at Washing
ton, the arm of the Government has been
brought to the aid of capital, and the
President of the United States, under the
pretense of enforcing the laws OF COM
merce and the carriage of the mail, has
made his proclamation requiring all of
the assembled protestants against the ag-
gressions of aggregated capital TO disperse
and go to their respective homes. The
administration at Washington has seen
proper to take up the side of the cap
italists, and to threaten to precipitate
the people of the United States
into conflict of bloody war
Il 4 f0a.o of
porations may be obeyed, and that this
Strike for liberty on the part of the
people may be suppressed. 1t is un-
doubtedly true that, in the Federal Gov
ernment, through its represen tatives at
Washington, the power is vested TO take
all necessary means for the enforcement
of the statutes and laws OF the United
States, and in those representatives is
largely vested the discretionary power OF
determining when resistance to the en-
forcement of the law has risen to such
MAGNITUDE as TO justify resort to arms
for the purpose of their enforcement.
discretionary power, thus vested IN the
Executive department of the Govern
ment, was never, in my Judgment, in
tended to be exercised in such manner as
to disturb or threaten q disturbance OF,
the peace of the nation for trivial causes.
Our institutions, justly revered by our
1 people, have been TOO dearly bought, and
the blood of American citizens is TOO sa-
cred, to justify the President OF the
United States in precipitating devas-
| tating war upon our Government and
among our people; except upon the most
| urgent necessity, and for a most serious
! rebellion against the authority OF the
| Government; and it must be matter OF
| serious regret, among those who hold our
| liberties in the highest esteem, that any
circumstance that does not peremptorily
demand the exercise OF the military
arm, should ever become sufficient,
| in the mind of the President, 10 bring
himself justification for calling into ex-
ercise this extraordinary power. No con-
sideration of the demands of private In
| terests, of a comparatively trivial char
acter, whether those interests be those Of
private individuals or of private corpora
tions, should, In my opinion, assume that
! importance, in the mind of the Chief Ex-
ecutiye of a nation like ours, which
would Justify, or even excuse the hazards
of a war of annihilation. 1t cannot be pos
sible that. in the estimation of any just
| man who possesses an ADEQUATE concep-
ton OF the value of the rights and Hber-
| ties of American citizenship, the stub
born demand of q common carrier, or OF
anv number OF common carriers, Will
Justify an inconsiderate resort to arms,
! from the result of which the temples of
our boasted liberties may crumble; and,
indeed, it had been much better if those
at the head of the Federal Govern
ment, with an affectation of patriot
| ism for the country in whose charge
they have been placed, had attempted,
/ by milder means, TO correct the evils
! against which the citizens have been
clamoring, or to have persuaded erring
workmen against the violation Of the
laws and statutes of the nation. What
ever may be the criticisms to which
| the Government at Washington may
have subjected itself by its conduct in