New-York tribune., 1899-02-09
AUSTRIA'S CLAIM REJECTED.
no INDEMNITY WILL Re PAID FOR
STRIKERS KILLED AT HAZLETON.
THE STATE DEPARTMENT LAYS DOWN THE
PRINCIPLE THAT ALIENS WHO BREAK
THE LAWS IN THIS COUNTRY MUST
TAKE THE CONSEQUENCES

TAKE THE CONSEQUENCES.
Washington. Feb s-The State Department
after mature consideration. has declined TO
recognize the claim Of the Austro- Hungarian
Government for indemnity on account OF the
Hungarian strikers killed by Sheriff Martin \
posse at Hazleton. Penn, on September ~ 1871.
The claim has BEEN pending for many months
on the ba sis Of a report filed with the state De
partment by Robert n. Coke. the representative
Of the Austro- Hungarian Government The De
partments action is based on special opinion
prepared hy Solicitor w /. Penheld, covering
the entire field Of National responsibility IN such
cases Of mob violence or rioting, which probably
will form the basis ~ future decisions In that
line In his opinion Solicitor Penheld goes over SO
much Of the evidence produced at the trial OF
Sheriff Martin as seemed to be necessary TO es-
tablish the facts and then concludes with the
following statement Of the principles by which
the Department Of State IL bound:
No Government insu-es the absolute security
of all foreigners who may happen 10 he within
its territory. Aliens. as well as nationals, are
bound 10 respect the laws. the institutions and
the constituted authorities Of the state in whose
territory they reside. They are treated the same
as nationals. and Ike TIE latter. they are in
ca Of nfraction - the penal law. prosecuted
and punished In particular y they take part
in an nsurrection or in a civil war the treat
lawless actions affords no legitimate ground FOR
Diplomatic intervention
The responsibility Of governments toward for
eignerS is not more extensive that that OF the
foreign sovereign toward his own subjects. The
duties Of hospitality d not prevent the entire
exercise ~ the right which belongs 10 sovereignty
n employ the legal means 20 provide for mo
preservation II the state nor are foreigners on
titled 10 a privileged position. nor are they ex-
empt from the consequences Of criminal conduct
threatened or committed. nor are they 10 he in
drr~ fgcF Ipr4
duct and from the imperious necessity of watch
ing over the safety OF the public veal
NO INJUSTICE DONE.
This Government recognizes the International
obligation 70 do justice but IT cannot admit that
I'm this case legal injustice has been done. Even
II II were 10 he conceded that the Sheriff and
his deputies were acting wrongfully and unlaW-
fully. still the remedy by way of diplomatic IN
tervention cannot be invoked until all remedies
have been exhausted before the ordinary judicial
tribunals IN this case abundant remedies are
afforded for redress. II any actionahe wrong has
been committed. hut the disposition Of this claim
may safely be rested on higher grounds-on the
ground that aliens are subject 10 the same rules
of law and order. 4 peace and Justice. which
bind the citizens of the United States. This
Government cannot tolerate state of anarchy.
either threatened or inaUgurated IN communities
composed either Of its own citizens or of aliens
who may engage in Industrial or other pursuits
within its territory. II they obey the precepts
~ the law IL VIII protect them. II they defy the
common with all others who participate with
them I'm such acts of laWlcssness and violence.
they must be deemed e. accept the consequences
of the conflict. which they invite
40 GROUND FOR INTERVENTION.
There has in this case been no denial ~ JUS
tice which should he shown as prerequisite 10
diplomatic intervention There has been no de
nial Of justice because a careful Investigation
of the rulings of the Court at the trial and the
Instructions % the jury shows that they are
characterized by ability learning. integrity and
impartiality. And II there was any degree OF
feeling In the community where the strike oc-
CURED. fl was rather credtable than otherwise.
II is not shown that the trial of the sheriff
and his deputies Wa not fair one. nor IS II
shown that a legal wrong was done by the
Sheriff and his deputies. because there was
abundant evidence given az the trial and justi-
Tying the verdict rendered that the Austro-Iiun- n-
Earian subjects who were slain or wounded were
aggressors and yiOlatOrs - the law IN refusing
10 obey the command II the Sheriff 70 disperse.
The command was seas0nahly and lawfully
given: and even though they may have felt that
the command was an unnecessary one yet the
proper respect due % the Sheriff the con-
servator ~ The peace ~ the county. and The de-
sire 20 avoid disorders and the possible effuslon
Of blood which might occur by reason thereof.
made II their duty as law-abidng citizens to
obey the command