The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-05
T0yEY BEFORE THE COURT
Eg,rng Of Testimony Begun but Not
Completed.

-. D.fense-The Senator Declares
Law Under Which the Common
u.olers Were Arrested Unoonstitu-
.,onal-Coxey offered $500 to Clear
Tract of Land.
washington, May Jacob S. Coxey,
.,,rder of the commonweal of Christ,
1arI Browne, its chief marshal, and
fl.istonbpr Columbus Jones, leader Of
1 pbiIadeIphia contingent of the army
Il ne,ce we're tried in the city police
,nrt to-day on the charge of violating
4 h, r-nited States statutes in unlawfully
;.r,or,ng a banner or device in the capi-
Grounds and breaking shrubs and
/ ,rts there. The case was called at 10
1 I,., after a number of minor cases
ID heen disposed Of, At that hour every
~ in the court room was occupied and
rrmber of people were standing around
/ he walls. but the chamber was by no
nleans crowded.
/ Andrew L1pscomb, formerly assistant
i stri,t attorney, who has been retained
L. the defendants, was surrounded by a
H. group of popuhst congressman, in
4ndinr REPRESENTATIVES LATE Pence Of
4 dorado. Hudson of Kansas, Boen of
Minnesota. and KEN of Nebraska, Col.
Be5stone. the local Coxey agent, and
Alrs Rocker, a lawyer and a common
Feal sympathizer.
A MOTION TO oUAsH.
4 Mr. Lipscomb opened the case by filing
i motion to uuash the information against
H. defendants, on the ground that the
II w uuder which they We're charged was
I'D in that it prohibited the constitu-
4,ral right of petition for a redress of
Grievances. and conferred on the speaker
"A the House and the president of the
Senate certain prerogatives contrary to
De constitution.
q Alexander Mullowey, assistant United
States district attorney, followed Mr.
Iirsconb. with an amended information,
Thich charged Coxey, Browne and
homes with simply stepping upon the
lurt in the capitol ground" instead of in
airing shrubs and plants, in addition to
d. main charge of carrying a banner or
Device into the capitol reservation.
Mr.. MulIowney told the court that Mr.
n A. Birney the United States dis
trict attorney, would represent the gov
ernment, and a minute later he entered.
Samuel Hyman, who appeared for
Browne and Jones, opened the case with
81 motion to quash on the ground that the
Information was bad in substance.
SENATOR ALLEN EXPoUNDs THE LAW.
4 Senator Allen, pop, of Nebraska, arose
snd said that he did not appear as an at
spmey, but merely for the purpose of
Seeing that the men on trial have a fair
'fnd impartial hearing, which he was sure
.F0uld he accorded them
:. The senator took the position that CON
sgress could not pass law, the operation
~ which was to depend upon the judg-
8nent OF some other branch of the govern
Dent or some Individual. AS was pro-
|Eded In section 10 Of the act in question,
congress had no power to pass a law
n men might be suspended by the judi
fal department of the government, or by
4ny other officer or individual of the land.
congress might as well give power to the
governor of his state or the
i Ear of Russia as to con-
~ 1t upon the Vice President, or
" speaker of the House of Representa-
a yes, who We're mentionedrin the statute
N tle proper person to give power or
.AceuSe TO pass through the capitol
q kiOlnus or carry a banner. He Contended
IA tle power of the executive branch of
a Iue government was full and plenary.
nereiore nhe said, that the exercise of
sucl power on the part of the President
~ wee President is a power to nullify
{Au SeJ aside a law made by congress.
II held that the law under which the
4 ,JrlLatlon was charged was unconStitu-
TIRE RIGHT TO ASSEMBLE
] Ine power to assemble and petition con-
4 reSS l0r redress of grievances. carried
EIlh IL the irresistible implication that
r. rIGhJ 10 assemble is at the seat of the
kO'ernmeut. Could they assemble and
yseht a petition to congress by staying
r. IehnSylvania or anywhere else? Now
"GnV 10 know" MIR. Allen said, "where
T. 'ihe OF demarkation is"
O.uRe Miller interrupted Senator AL
"a 10 say that no man who was a citizen
Vue united States failed to recognize
n. s,,a. ..3 ne mad right to petition congress
u [turess Of whatever grievances he
fiLDt rs.. nave, but it depended upon
sertCs sty manner the petition was pre-
atgu, and the laws were clearly
f.',l'3U s"nllSU such an assembly in the capitol
oaIis senator Allen continued by
uyeIiulng that so long as the people who
s-'-O'eq sr.,aeq dld not obstruct the high
''S, SO long as they did not undertake
fo,r,a cu'or Jhe halls of congress, . the
80 We're powerless to interfere.
e iil,e9s, i@,,is1s, ne asserted, had the power
lsto estate estate but not the power to legis-
" prevent peaceable assembly.
JUDGE MILLER's ATTITUDE.
so nIyer Mr. Lipscomb had been heard ,
fo .Or the deteuse. Judge Miller said
4 il' 5oiI ~ congress had the right to prevent
,.gS oooS OIL men from entering the Senate
or.. '',' D5r 70 present their grievance. they
5,.atlIIy had the same right to saw
IGi.Her Is,i. Jhe same body should enter the
SSp''ol grounds. The argument made by
counsel for the defense was
1 r3 pefFerslon and subterfuge.
bo should receive no serious attention,
rr.l M 'aSlon of the capitol grounds was
n5do ross violation Of the police regulations
hTo 70 carry out the laws of congress.
tbe llshV TO petition was not germaue to
IN ,t tteSue' which was whether the laws
tbe 1g ,. regulations for the protection of
Mn GS"HloI grounds had been violated by
,r, oAhsHAL BROWNE sQUELCHED.
Dn r5 t'g .1uge went on to explain his views
4 bo 'ro ,., question, when Marshal Browne,
,pg5o" was standing in front of the Judge,
tatoe d remark, interrupting the magis-
Rnd s,ig Ji4guge Miller reprimanded Browne,
ner, 1alu That If he made another com
FonIe ,g ne would order him locked up.
Y6r..P PIgS9entative Van Voorhis, of New
hc.l th.. " no was present as spectator,
ID nl,i.' '.'5 =, Ihe complaint was not sufficient
tba I'Ce 1'oe. .CoXey behind iron bars. 1t was
reBi'"o,sas. trivial case Imaginable. This
had man man whom he did not know, and
ir9m' ~ ". yer seen before, walked peaceably
Ind ,c5iiioo TGio with a petition in his hand +,