The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-20
THE RIGHT TO LABOR.

There was a rather interesting case
in Philadelphia the other day in which
the rights of strikers and non-strikers
were defined. It grew out of the re-
cenl trouble on the Philadelphia cleo
trio car lines.
Motorman Charles w. Banes had re-
fused to go on strike and had been sub
jected to many annoyances in conse-
quence, his wife and children being
subjected to insult whenever they ap-
peared on the street. On the particular
occasion in question, after he had ar
rived at the depot from trip, he went
into the motormens room for drinl,
of water. There were a number of
men in the room, among them a mo-
torman named Nicholas Walther.
Banes placed his controller. on the ia
BILE and as he did so he was struck in
the face with a cigar stub. AS he
turned TO leave the room he saw that
Walther had the controller in his
hands, and refused to give it up. The
superintendent was notified, and after
a struggle Banes got it again. Then
Walther abused him, calling him vile
names, and struck him in the face
twice. Banes, not caring to have any
trouble. started for mis- car, when
Walther came towards him and struck
him on the back of the head.
When arraigned in court, Walther
pleaded guilty, making some plea in
extenuat ton, which was taken by the
court to be an attempt at evasion. He
was sentenced to two years and half
in the penitentiary. Before pronounce
ing sentence, Judge Yerkes said:
1 have given your case careful con-
sideration lest it might be COMPOUNDED
with others tried at the same time.
Accepting your plea of guilty as true,
! am bound TO believe the statements
of the prosecutors rather than your
apparently weak attempt at evasion,
and must believe that you purposely
and maliciously inflicted grievous bod
lily harm upon your fellow-workmen
for no reason other than because they
refused to abandon the pursuit of All
honest livelihood under threats of in
jury Ordinarily an aggravated assault
and battery is regarded as a serious
offense, and, unfortunately, the circum-
stances here call for the highest pen
atty prescribed by the legislature.
The products of the soil and labor are
the source of all material prosperity,
and whoever seeks to obstruct their
development strikes not at the indivld-
ual alone, bus at the peace and con-
tentment of society, which prosperity
best assures.
A riotous disturbance of the peace
tending to obstruct the execution of
the laws has always been considered
as an offense allied to treason, and a
very high misdemeanor. You must not
make the mistake of supposing that
your offense is severely punished be-
cause II occurred in contemplation Of
an impending strike. You are not a
martyr to any such condition. Strikes
for the Improvement of the conditions
Of any class engaged in them are law
full, and, so long as confined within the
limits prescribed by law. may invoke
and are entitled to the protection of |
the law ard the court.
That violence such as yours some
times attend upon them is an incident |
due to the fact that, whenever COM
peting labor or skill seeks employment, !
and idle hands are willing and able |
to take the place of dissatisfied work. |
men, no strike can succeed without a |
resort 70 violence and unlawfulness |
ne law Is administered TO preserve (
order and peace, and punish crimes
against these as it finds them, and this !
IN its ordinary course meets all emery /
encies. Punishment is graded accord I
ing to the motive and grade of the Of |
tense. The right of the individual to
abor and thereby promote the fortune |
and welfare of himself and his family |
S sacred privilege upon which the
of society largely depends,
and one who, by violence, would de-
orive citizen of it's enjoyment, is, in
my opinion, more dangerous GRIM
nal than he who merely takes the
of another
In your case there is not even the
weak and cowardly excuse sometimes
Urged. that the assaulted person ac-
cepted position which you or others
surrendered. You came here
recently when you knew there was
trouble from city where none ex-
sted, under circumstances that arouse
he suspicion that your purpose was to
rritate again the dissatisfied work
men. The men whom you assaulted
ire men of character and intelligence.