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The advocate. [volume] (Topeka, Kan.) 1894-1897, May 16, 1894, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85032018/1894-05-16/ed-1/seq-1/

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1 VI
VOL.VI,NO. 20.
. f 1.00 A YKAK.
They Are Not Particular as to Mode.
Their Object Is to Get
Kansas haa Been the glory of the com
ing of tha industrial army. Kansas,
who from her watch-tower of political
education, haa for years Bounded a warn
ins to the industrial classes of all the
states, now looks down and sees hun
dreds of unhappy.though peaceable work
ing men crossing her prairies, toward
tha place from which all political curses
flow; sees them coming and going, not
by the conventional methods of travel,
not with camels or donkeys or horses,
nor with modem palace oars, for none
of these have they; but traveling by such
means as the emergency of the times de
mands and circumstances afford; peace
fully giving themselves up as prisoners
of the oivil authonties in order to ad
vance on their way. And Kansas looks
down with tearful eyes and swelling
heart and bids them welcome and God
speed. It may be a bootless mission
they are on, bat if so they will learn by
experience. Nothing is accomplished by
him who sleeps. The times demand
Some 450 men of the peace army are
"playing prisoner" on the military reser
vation at Fort Leavenworth. Friday
and Saturday they were in Topeka.
These men were organized over 500
strong under ccmmand of J. S. Sanders
at Cripple Creek, Colorado, udder prac
tically the same regulations (and for the
same purpose) as those which most of
tha divisions at different places have
been organized. On May 8, they de
cided to Btart from Pueblo to Wash
ington. Having, as their commander
says, offered Superintendent Clark of
the Missouri Pacific railroad, $1,000 to
haul them to Kansas City on freight
cars, they obtained permission to take
an engine from tha Rio Grand yards in
Pueblo. This they took to the Mis
souri Pacific yards, and making up a
train with six coal cars, they loaded up
themselves and camping utensils and
started east at 6:30 p. m. with their own
engineer in charge, Division Superin
tendent Darby, in order to obstruct their
progress, wired ahead and had an an
gina and flat car derailed at Olney, a few
miles east. When the industrials
reached the obstruction they proceeded
to remove it and were again on their
way at 3:30 next morning. When they
arrived at a point near Haswell they
found tha company officials had canoed
four engines to be ditched but this did
not discourage them. They simply built
a track around tha obstruction and pro
ceeded, and performed a similar feat at
Diaton, 119 miles east from Pueblo,
where they found another engine off tha
Thursday morning their own train
was ditched near Chivington. Then
they slept until daylight when they
went to work and had their train ready
to move by 9 o'clock a. m. Tha water
tanks along the road having been
emptied the men found it necessary to
carry water in buckets from a well to
Bupply the engine. They worked heroic
ally and at 11 o'clock they arrived at
Horace, Kaa. Hera they exchanged
their engine for a better one which be
longed to the Missouri Pacific. After
numerous other difficulties, waiting and
backing up to allow mail trains to pass
without delay, tha industrials reached
Scott City Thursday evening, where
they were met by United States Mar
shall Neeley and deputies. After some
consultation Sanders and his men con
cluded to submit to arrest and be
brought to Topeka as United States
prisoners, on a charge of obstructing the
General Attorney 13. P. Weggener of
the Missouri Facifio,' hurried from Atchi
son to Topeka in a special car Wednes
day evening, May 9. About the same
time United States Marshall Neeley left
Ft. Scott, where he was attending court,
and also came to Topeka. E. A. Weg
ener, a United States commissioner,
whose office vests him with certain
limited judicial powers, was here, and
the three worthies got their heads to
gether. B. P. Waggener had wired his
local attorney at Salina to have war
rants issued for the arrest of the in
dustrialists on a eharga of bringing
stolen property into the state. He re
ceived answer that such a proposition
found no sympathy among Saline county
officials, and that the mayor of Salina
did not want to stop the army there,
It was finally decided to enlist the
services of the United States officials
above mentioned, take them along and
trust to their wits and to Providence for
legal authority upon which to arrest the
men. Accordingly after swearing in
half a dozen impromptu deputy mar
shals the party started west on General
Attorney Waggoner's special train, with
as many forebodings aa if they were
going to encounter a gang of guerillas,
and with the result stated above. The
full account of tha conference at Scott
City has not yet become a matter of his
tory, so the reader may do his own
guessing as tq what inducement was
Continued on page 3,
Despotism Rearing- Its Head in Old
It cannot have escaped the notice of
the observant eye that in all manner of
ways tha ruling class is attempting to
exclude the people from that participa
tion in pubiio affairs that is inseparable
from civio and political freedom. In the
first place, the attempt has been directed
against the ballot, and the people's ears
made familiar and accustomed to tha
term, "Australian ballot," a plan of suf
frage that allows plural voting to tha
rich. Now comes the British governor
of Massachusetts, backed by the legisla
ture, with a plan to restrict the composi
tion of the jury box.
On last first of May a mass meeting
was held at Faneuil Hal), Boston, to pro
test against the proposed plan, and sav
era! organizations of that city, among
them the socialist labor party, through
Comrades Thomas C Brophy, David
Taylor and Martha Moore Avery, issued
the following spirited address and warn
ing to the people of Massachusetts:
"In response to the recommendation
made by Governor Qreenhalge in his in
augural address, That some legislation
should be enacted for securing a better
class of jurors,' the joint committee on
judiciary (composed entirely of lawyers)
reported a bill to the senate on April 16,
which passed that body on the 20th,
placing in the hands of clerks and
judges of the superior court the final
preparation of tha jury lists in the vari
ous counties of the commonwealth.
"The common law trial by jury has
been so emasculated in modern times
little now remains of the ancient trial by
jury. The judiciary have usurped the
prerogatives of the jury, to judge of the
law, as well as the fact. In oivil cases
the judges set aside the verdiots of
juries that do not meet with their ap
proval; and the right to trial by jury,
itself, in this state, in recent years, goes
by default, unless application is made
for such trial; and finally the jury lists
are made up of an insignificant fraction
of the voters of the various counties. In
stead of the jury being the 'country'
being drawn from the whole body of
voters they are the elect, and sit upon
the jury by the grace of the pubiio offi
cials who may be in power at the time.
"So bold have the assaults on the jury
system become that judges, lawyers, and
the representatives of the possessing
classes do not hesitate to attack the
system itself. Judge Aldricb, of tha
United States circuit court, in an ad
dress before the bar association of Graf
ton and Cocs counties, at Berlin, N. FX,
January 25, 1894, said:
" The criticisms are not so much that
tha jury system is fundamentally wrcaj,
as that tha machinery for selecting
jurors is faulty, or indifferently admin
istered by the local authorities,
and that before average juries, corpora
tions and individuals of large interests
and holdings suffer when involved in
legal controversies with individuals less
fortunately situated in money matters.
If men of quality and affairs
should take tha high-minded view of
duty to government that the ten times
mill ionaire, Mr. Montgomery Sears, of
Boston, exhibited in a practical manner
on a recent occasion, this cause of com
plaint would no longer exist
"This is a o overt attack on the funda
mental principles of trial by jury. The
criticism is not so much' on an institu
tion dearer to the hearts of mankind
than any other one institution we now
have, but that the people in control of
the economlo power, men of quality and
affairs, do 'cot entirely control it. If
the ten times millionaires of the state,
or their hired men, composed the juries
in our courts, 'the cause of complaint
would no longer exist.' There are peo
ple who believe that 'the only good In
dian is a dead Indian,' as there are those
who believe that the only way to im
prove tha jury system is to kill it
"Senate bill No. 254 is the most vicious
attack yet made on the jury system in
this commonwealth. The bill provides
that the jury lists shall be prepared by
the selectmen and aldermen, 'which
lists shall include not less than one for
every 100 of the inhabitants of the town
or city.
"With a total population of 2,200.000
this would give an aggregate jury list in
the whole state of 22,000 out of 412.000
legal voters; that basis is the present
law, and makes a jury list in Boston of
4,000; Barnstable of 30; Mashpea of 3:
Adams of 100; Lynn of 450.
"These lists when prepared by towns
and cities, tha bill says, 'shall thereupon
be transmitted to the clerk of the supe
rior court for tha county in which tha
same is situated, who may, from time to
time, under the direction of the chief
justice of the superior court, revise such
list by striking names therefrom.'
"If the lists prepared by selectmen
and aldermen should contain the names
of those deemed not to be men of 'qual
ity and affairs' it is taken in hand by
the court, tha acid applied, and those
failing to stand the test set by the classes
will be stricken from the list The list
from Boston, for instance, when sent to
the court, may be taken in hand and
probing begun for Hen times million
aires' or their friends, and - those failiasr
to stand the test be stricken from tha
list to the number of 3,000 or more, if
nece2sary,so that it will contain only
men of 'quality and affairs; and this
Continued on page 13

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