The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-02-09
CLAIM REFUSED
Rioters Were Drifting into Petty.wa and
sherIn's Action was Lawful.

Washington, Feb 9.-The state de-
partment. 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 Martins posse
at Hazleton, Pa, Sept. 10, 1897. The
claim has been pending for many
months upon the basis Of report filed
with the state department by Robert
ID. Coke. the representative of the
Austro Hungarian government. The
departments action is based upon a
special opinion prepared by Solicitor N.
l.. Penheld covering the entire field
Of national responsibility in such cases
of mob violence and rioting, which
probably will form the basis Of future
decisions In that line. In his opinion
Solicitor Penheld goes over so much
Of the evidence produced upon the trial
of Sheriff Martin as seemed necessary
to establish the facts briefly, and then
concludes with the following statement
of the principles by which the depart
ment of state is bound:
mo government insures the abso-
lutte security of all foreigners who may
happen to be within its territory.
to 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, like the latter, they are, in case
Of lnfraction of the penal law, prose-
cuted and punished. In particular, II
they take part in any insurrection or in
a civil war the treatment to which
less actions affords no legitimate
ground for diplomatic Intervention.
THE responsibility of governments
toward foreigners is not more extern
sive than that of the sovereign toward
his own subjects. The duties of hospi-
tality do not prevent the entire exer-
else of the right which belongs to SOW
ereiEnty to employ the legal means
to provide for the preservation of the
state. nor are foreigners entitled to a
privileged position, nor are they ex-
empt from the consequences of crimi-
nal conduct, threatened or commit
ted; nor are they to be Unidentified for
damages resulting from such conduct
and from the imperious necessity of
watching over the safety of the public
veal.
ternational obligation to do justice.
but it cannot admit that in this case
legal injustice has been done. Even II
it were to be conceded that the sheriff
and his deputies were acting wrong
fully and unlawfully, still the remedy
by way of diplomatic Intervention can
not be invoked until all remedies have
been exhausted before the ordinary ju-
n fn1 AHfIN Ig 4 1s,y,
remedies are afforded for redress If
any actionable wrong has been COM
mitted.
This government cannot tolerate q
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 it's territory. If they
obey the precepts of the law it will pro-
tect them; If they defy the law and the
constituted authorities then, in COM
mon with all others who participate
with them in such acts of lawlessness
and violence, they must be deemed to
accept the consequences of the conflict
which they invite.
1T is not shown that the trial Of the
sheriff and his deputies was not fair
was done by the sheriff and his depu-
ties, because there was abundant evil
| dence given at the trial and justifyine
the verdict rendered, that the Austro.
| Hungarian subjects who were slain oi
wounded were aggressors and violators
Of the law in refusing to obey the COM
mand of the sheriff to disperse.
The Lattimer strikers were disturb
| srs Of the public peace and violators OF
the law. They were rapidly drifting
| into a state of petty war. 1t was thu
| duty of the sheriff to take measures tc
| prevent as well as ~ repress civil
| tumults and disorders. On previous oc
| casions he had commanded them tC
! disperse and they obeyed They were
perfectly familiar with his official po
sition and the nature of the authority
| he exercised. If they had obeyed hi!
| lawful command no blood would have
been shed. and in their lawless and ag
| gressive conduct, challenging the EN-
bodied force of the state, they placed
themselves beyond the protection o
the law. To reward the wounded livini
and the heirs of those slain under sucl
circumstances would be offering a pre-
MUM to lawlessness and inviting re
newed outbreaks and riots"
|
49, q