The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-09
They Refused to obey the sheriff, and
Thus Brought on Their own Heads
the Penalty for RiOting.
ALIENS ARE LIKE NATIVES
THEY MAY BE PROSECUTED AND Pun
IsHED FOR ILLEGAL ACTS,
And to Pay the Heirs Of Wrong Doors
lessness, Dir. PennfieId Says.


WASHINGTON, Feb. S.-The State De-
partment, after mature consideration, has
declined to recognize the claim of the Aus
tro-Hungarian government for indemnity
On account of the Hungarian strikers killed
by Sheriff Martins posse at Hazieton. Pa.
Sept 10, 1897. The claim has been pending
for many months on the basis of report
filed with the State Department ny Robert
d. Coke, the representative of the Austro-
Hungarian government. The departments
action is based on a special opinion, pre-
pared by Solicitor w. L. Penfeld, covering
the entire field of national responsibility in
such cases of mob violence or rioting, which
probably will form the basis of future deci-
sions in that line. In his opinion Solicitor
Penfeld goes over so much of the evidence
produced on the trial of Sheriff Martin as
seemed to be necessary to establish the
facts briefly, and then concludes with the
following statement of the principles by
which the Department of State is bound:
mo government insures the absolute Sc
curity Of all foreigners who may happen to
be within its territory. Aliens, as well as
nationals, are bound to respect the laws
the institutions and the constituted authori-
ties of the state in whose territory the re-
side. They are treated the same as natives
and, like the latter. they are, in case CT in
fraction of the penal law prosecuted ana
punished. In particular, if they take part
in an insurrecton or in a civil war, the
treatment to which they expose themselves
in such lawless actions affords no egiti-
mate ground for diplomatic intervention.
The responsibility Of governments to-
ward foreigners is not more extensive than
of
own subjects The duties Of hospitality do
not prevent the entire exercise of the right
which belongs to sovereignty to employ the
legal means to provide for the preservation
OF the state, nor are foreigners entitled to
a privileged position, nor are they exempt
from the consequences of criminal conduct
threatened or committed; nor are they to be
indemnified for damages resulting from
such conduct and from the imperious neces-
sity of watching over the safety of the pub
lie veal
NO LEGAL INJUSTICE
This government recognizes the interna-
tional obligation to do justice Lut it cannot
admit that in this case legal injustice has
been done. Even il it were TO conclude that
the sheriff Ind his depdtes were acting
Wrongfully and uniawfully. still the remedy
by way of diplomatic Intervention cannon be
invoked until all enedies have been ex-
hausted before the crdnary judicial tri-
bunals. In this case abundant remedies are
afforded for redress, if any actionable wrong
has been committed; but the disposition of
this claim may safely be rested on higher
grounds-on the ground that aliens n e sub
ject to the same rules OF law and order Of
peace and Justice which bind the citizens
OF the United States.
This government cannot tolerate a state
of anarchy, either threatened or inaueu-
rated, in communities composed either of it's
own or aliens who may engage in industrial
other pursuits within it's territory. If
they obey the precepts of the law it will
protect them; if they defy the law and the
constituted authorities, then in common
with all others who participate with them
in such acts Of lawlessness and violence,
they must be deemed to accept the conse-
quences of the conflict which they invite
There has in this case been no denial of
justice, which should be shown as a pre-
requisite to diplomatic intervention There
has been no denial of justice, because a
careful investigation of the rulings of the
court at the trial and the instructions to
the jury, shows that they are characterized
by ability, learning, integrity and impartial
ity. And if there was any degree of feeling
in the community where the strike oc-
CURED it was rather creditable than other
wise.
WE'RE VIOLATORS OF LAW
ut is not urged that the trial of the
sheriff and his deputies was not a fair one,
nor was it shown that d legal wrong was
done by the sheriff and his deputies, be-
cause there was abundant evidence given at
the trial and justifying the verdict rem
dered, that the Austro-Hungarian subjects
who were slain or wounded were aggressors
and vioators of the law in refusing to obey
the command of the sheriff to disperse The
command was seasonably and lawfully
given. and even though they may have felt
that the command was an unnecessary one.
yet the proper respect due to the sheriff
as the conservator of the peace of the coun-
ty and the desire to avoid disorders and the
possible effusion of blood which might occur
by reason thereof, made it their duty as
lawabiding citizens to obey the command.
The principles of international law which
support the foregoing conclusions on the
facts shown accord with the uniform prac-
tice and precedents of this government not
only by citizens or subjects Of foreign
states against this government but also
where such claims have been made by It's
own citizens, invoking its diplomatic inter-
vention in their behalf against foreign
states
In conclusion the L.attimer strikers were
disturbers OF the public peace and violators
of the law. They were rapidly drifting into
a state of petty war 1t was the duty of
the sheriff to take measures to prevent as
well as to repress, civil tumuts and dis
orders. On previous occasions he had COM
manded them to disperse and they obeyed
They We're perfectly familiar with his Off
elal position and the nature Of the author