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Judge Grosscup's Charge

Judge Grosscup's Charge image
Parent Issue
Day
13
Month
July
Year
1894
Copyright
Public Domain
OCR Text

The charge delivered by Judge Grosscup to the special federal grand jury called in Chicago to investigate the strike, was able, températe and lucid. A caref ui perusal of the same by every American citizen would lead to a clearer understanding and a more accurate appreciation of the scope of federal authority. In times of profound peace the mailed hand of the general government rests so lightly upon the citizen that he scarcely recognizes its presence. He becomes almost unaware of the existance of United States laws and their severe penalties against those who challenge them and become conspirators and insurgents. As a result those who are disposed to engage in insurrection are startled when that hand falls heavily upon them, and they and some erood zens as well are likely in the excitement of the moment to declare that the federal power has gone beyond its proper limits and usurped authority that does not belong to it. But the language of the statute as quoted and interpreted by Judge Grosscup disabuses any candid mind of that idea and leaves no doubt but that the instigators of the strike have violated the laws of the United States. He says that "the government of the United States has enacted laws, first, to protect itself and its authority as a government, and second, to protect its authority over those agencies to which, under the constitution and laws, it extends governmental regulations." Under the first purpose mentioned above he says that the United States government has enacted that "every person who entices, sets on foot, assists or engages in any rebellion or iusurrection against the authority of the United States or the laws thereof , or gives aid or comfort thereto' and 'any two or more persons in any State or Territory who conspire to overthrow, put down or destroy by force the Government of the United States,' or 'to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder or delay the execution of any law of the United States, or by force to seize, take or possess any property of the United States contrary to the authority thereof,' shall be visited with certftin Denalties therem named." He defined insurrection as "a ;rime against the civil or political mthority; the open and active opposition of a number of persons to the execution of law in a city or state. He called the attention of the jury to the United States laws relatíng to the obstructing or retarding of the mails and interstate commerce, and said it was the duty of the ofïïcer to arrest such persons and bring thero before the court. He also instructed the jury that should they find that any person or persons have obstructed or retarded the mails, or have attempted to do so, and then have resisted arrest for the same in such numbers as for the time to defy the authority of the United States, then such persons were insurgents, as well as all as others inciting, aiding or abetting them. The rights of labor as to organization and choosing of leaders and rendering obedience to those leaders within certain limits were fully conceded. But these leaders in ordering men I to strike, thereby hindering the1 transmission of mails or obstructing interstate commerce must act in pursuance of authority conferred, upon them by the men themselves, : and act in good faith in the execution of the same. If the authority is wanting, or if it is not exercised in the interest of the men, " but to further a personal ambition or malice" of the leaders, then the ordering of a strike by the leaders, involving obstruction of the mails or commerce, is conspiracy. The charge wás certainly very liberal toward organized labor and its authorized leaders; and yet the grand jury promptly returned in-j dictments against the leaders of the A. R. U., from which fact the inference is to be drawn that those leaders have been acting without authority, or have abused that authority "to further personal ambition or malice", in violation of the laws of the United States and to the injury of the men. They are in a fair way to learn therefore that the government and laws of the United States are yet supreme, and that the law must first be vindicated before there can be any adjustment of other questions.

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Subjects
Ann Arbor Argus
Old News