Homestead

Detectives Farrell and Mills, assisted by a half dozen deputy sheriffs, were detailed to capture the defendants named in Beltzhoover's information. The task was not an easy one, for most of the reputed "traitors," realizing the difficulty of procuring bail, went into hiding and their friends took care to throw the officers off the track. Five of the men – Thomas Crawford, George Rylands, T. W. Brown, W. H. Baird and John Dierken – were caught on Friday, the day on which the warrant for their arrest was issued.

On Saturday, Attorneys Brennen and Cox went before Judge Paxson with a petition for the admission of the accused to bail. Messrs. Burleigh and Knox were called in, and, after a consultation, the Chief Justice made an order authorizing the release of any of the defendants on $10,000 bail at the discretion of any judge of the oyer and terminer court. Judges Kennedy and Porter heard the applications, but rejected the bondsmen offered except in the case of William Baird.

Despite the supposedly sacred character of the supreme bench, criticism of Judge Paxson's extraordinary action was freely indulged in by the members of the Pittsburgh bar and reproduced in the public press. Hardly a voice was raised in commendation of the Chief Justice's arbitrary interference, and the consensus of legal opinion, as mirrored in the newspapers, was to the effect that the disturbance at Homestead, being a purely local affair and directed against a private corporation, could not be construed as treason against the state.

The boldness with which this view of the case was stated by competent authorities gave much encouragement to the strikers, and at the regular weekly mass meeting, on Saturday, October 2, Vice-President Carney, of the Amalgamated Association, and other orators were emphatic in their claims that the treason charge was trumped up as a measure of intimidation and would fall to the ground if ever put to the test of a court trial. The strikers were, therefore, advised to stand their ground, and the Carnegie Company was warned that, when all the members of the advisory board were imprisoned, there would be other men to take their places, and that if all the men in Homestead were cast into jail the women would still be there to keep up the fight for the rights of organized labor. These sentiments were received with clamorous approval.

No little surprise was created by the publication of a statement from Major-General Snowden setting forth that he was originally responsible for the treason prosecution. During his sojourn at Homestead in command of the militia, General Snowden said, he had suggested to the Carnegie attorneys, Messrs. Knox and Reed, that the advisory committee was guilty of treason. The lawyers pooh-poohed the idea, but evidently thought better of it, for three weeks prior to the issuance of warrants by Judge Paxson, Mr. Knox met the General in Philadelphia and asked his help in the preparation of briefs. General Snowden responded that it would hardly be wise for him, while serving as commander of the state forces, to appear as counsel for the Carnegie Company. When the brief was prepared, however, it was sent to him to be passed upon and received his indorsement. General Snowden did not hesitate to say for publication that, in his opinion, death would be rather a mild penalty for members of the advisory committee.

Perhaps the most significant deliverance of the hour on the subject of the treason charge was that embodied in a letter written to the Pittsburgh Commercial-Gazette by the veteran jurist, Hon. Daniel Agnew, ex-chief justice of the Pennsylvania Supreme Court. Judge Agnew declared that the Homestead affair was riot and not treason. "It is easy," he said, "to distinguish treason from riot. It lies in the purpose or intent of the traitor to overthrow the government or subvert the law or destroy an institution of the state. Riot is a breach or violation of law, but without a purpose against the state."

Those of the Homestead men charged with treason, who were not already held for murder, managed, for the most part, to find bail. Many continued in hiding. Burgess McLuckie, tired of running after bondsmen, had betaken himself to Youngstown, O., and, acting on the advice of Attorney W. T. Anderson, of that city, refused to return without a requisition. Honest John was lionized by the Youngstown people, delighted them with his speeches about high tariff and high fences and could have found a body guard any time to defy the Carnegie Company, the Supreme Court, the militia and all the other powers in Pennsylvania.

On the morning of Monday, October 10, the grand jury of Allegheny County assembled in the criminal court room, which was thronged with attorneys curious to watch the development of Judge Paxson's program. At 9.30 A. M., the Chief Justice entered accompanied by Judges Stowe, Kennedy, McClung and Porter, of the county courts, all of whom took seats on the bench while Judge Slagle sat with District Attorney Burleigh behind the clerk's desk.

The gravity of the occasion was felt by everyone and dead silence prevailed as Judge Kennedy opened the day's proceedings with a few words to the jurors stating that, in view of the unusual nature of the treason cases, Judge Paxson had "kindly consented" to instruct the jury.

The Chief Justice began his charge by explaining that his intervention was due to the supreme importance of furnishing an authoritative interpretation of the law in the Homestead cases and that he acted at the invitation of the county judges. He then entered upon a review of the conditions and events at Homestead. "The relation of employer and employee," he said, "is one of contract merely. Neither party has a right to coerce the other into the making of a contract to which the mind does not assent. The employer cannot compel his employee to work a day longer than he sees fit nor his contract calls for, nor for a wage that is unsatisfactory to him. It follows that the employee cannot compel his employer to give him work or to enter into a contract of hire, much less can he dictate the terms of employment. When the negotiations between the parties came to an end, the contract relations between them ceased. The men had no further demand upon the company, and they had no more interest or claim upon its property than has a domestic servant upon the household goods of his employer when he is discharged by the latter or when he voluntarily leaves his service, nor does it make any difference that a large number were discharged at one time; their aggregate rights rise no higher than their rights as individuals. The mutual right of the parties to contracts in regard to wages, and the character of the employment, whether by the piece or day, whether for ten hours or less, is as fixed and clear as any other right which we enjoy under the constitution and laws of this state. It is a right which belongs to every citizen, laborer or capitalist, and it is the plain duty of the state to protect them in the enjoyment of it."

The organization and plan of campaign of the Advisory Committee were reviewed at length, its chief object being stated as "to deprive the company of the use of its property and to prevent it from operating its works by the aid of men who were not members of the Amalgamated Association." Then followed a narrative of the Sheriff's preliminary manœuvres and of the Pinkerton expedition, as viewed from a strictly Paxsonian standpoint. After recounting the details of the battle at the mill landing, the surrender of the Pinkertons, and the occupation of Homestead by the military, the Chief Justice went on to say:

"We can have some sympathy with a mob driven to desperation by hunger as in the days of the French Revolution, but we have none for men receiving exceptionally high wages in resisting the law and resorting to violence and bloodshed in the assertion of imaginary rights, and entailing such a vast expense upon the taxpayers of the commonwealth. It was not a cry for bread to feed their famishing lips, resulting in a sudden outrage, with good provocation; it was a deliberate attempt by men without authority to control others in the enjoyment of their rights. * * * It is much to be feared that there is a diseased state of public opinion growing up with regard to disturbances of this nature, and an erroneous view of the law bearing upon these questions has found lodgment in the public mind. This is evidenced by the accounts of portions of the press, and it finds expression in the assurances of demagogues who pander to popular prejudices and in the schemes of artful politicians."

Proceeding to the law in the case, the Chief Justice held that when the Carnegie Company employed watchmen to guard its works, "it mattered not to the rioters, nor to the public, who they were, nor whence they came. It was an act of unlawful violence to prevent their landing on the property of the company. That unlawful violence amounted at least to a riot upon the part of all concerned in it. If life was taken in pursuance of a purpose to resist the landing of the men by violence, the offense was murder, and perhaps treason."

The legal definition of treason was then read and its supposed application to the Homestead conflict pointed out as follows:

"A mere mob, collected upon the impulse of the moment, without any definite object beyond the gratification of its sudden passions does not commit treason, although it destroys property and attacks human life. But when a large number of men arm and organize themselves by divisions and companies, appoint officers and engage in a common purpose to defy the law, to resist its officers, and to deprive any portion of their fellow citizens of the rights to which they are entitled under the constitution and laws, it is a levying of war against the state, and the offense is treason; much more so when the functions of the state government are usurped in a particular locality, the process of the commonwealth, and the lawful acts of its officers resisted and unlawful arrests made at the dictation of a body of men who have assumed the functions of a government in that locality; and it is a state of war when a business plant has to be surrounded by the army of the state for weeks to protect it from unlawful violence at the hands of men formerly employed in it. Where a body of men have organized for a treasonable purpose, every step which any one of them takes in part execution of their common purpose is an overt act of treason in levying war. Every member of such asserted government, whether it be an advisory committee, or by whatever name it is called, who has participated in such usurpation, who has joined in a common purpose of resistance to the law and a denial of the rights of other citizens, has committed treason against the state. While the definition of this offense is the designing or accomplishment of the overturning of the government of the state, such intention need not extend to every portion of its territory. It is sufficient if it be an overturning of it in a particular locality, and such intent may be inferred from the acts committed. If they be such that the authority of the state is overturned in a particular locality, and a usurped authority substituted in its place, the parties committing it must be presumed to have intended to do what they have actually done. It is a maxim of criminal law that a man must be presumed to have intended that which is the natural and probable consequence of his acts. Thus, if a man assaults another with a deadly weapon, or aims a blow at a vital part, the law presumes that he intended to take life. Aliens domiciled within the state, and who enjoy its protection, owe temporary allegiance to it and are answerable for treason."

In conclusion, Judge Paxson said: "We have reached the point in the history of the state when there are but two roads left us to pursue; the one leads to order and good government, the other leads to anarchy. The great question which concerns the people of this country is the enforcement of the law and the preservation of order."

While the events narrated in this chapter were in progress, while the workmen of Homestead were being taken to jail in batches and charge after charge heaped upon them, and while the Supreme Court of the state was engineering the last grand coup by which the revival of an obsolete offense was to be made instrumental in winding up the strike at Homestead, Mr. Andrew Carnegie was busily at work reaping encomiums for his philanthropy, which at this particular time found vent in the donation of a memorial library to the town of Ayr, in Scotland. The corner-stone of this edifice was laid by Mrs. Carnegie two days after the treason warrants were issued at Pittsburgh. An address of thanks was made by the mayor, to which Mr. Carnegie replied, part of his remarks being as follows: "I feel more strongly bound than ever to devote the remaining years of my life less to aims ending in self and more to the service of others, using my surplus wealth and spare time in the manner most likely to produce the greatest good to the masses of the people. From these masses comes the wealth which is entrusted to the owner only as administrator." A few groans and cries about Homestead were all that reminded the audience which heard this generous-spirited speech that, at the very moment when Mr. Carnegie was speaking, the wealth-givers in his own employ were being hunted down as traitors, locked up in jail and supplanted by cheaper workmen.

CHAPTER XVI.

The First Break

More Prosecutions – The Soldiers Withdraw – A Non-Union Hotel Dynamited – Homestead Figures in Parades and Gives a Democratic Majority – Slavs Weakening – The "Local News" Predicts Defeat – Gompers Again – Sheriff McCleary Is Harassed and Increases His Corps of Deputies – Lawyer Jones in Trouble – Schwab Succeeds Potter as Superintendent – Homestead's Last Riot – Striker Roberts Hints at Defeat – Mechanics and Laborers Go Back to Work

AS an offset to the activity of Secretary Lovejoy, Burgess John McLuckie went before Alderman F. M. King on Wednesday, September 21, and lodged information for aggravated riot and conspiracy against H. C. Frick, George Lauder, Henry M. Curry, John G. A. Leishman, Otis Childs, F. T. F. Lovejoy, Lawrence C. Phipps, John A. Potter, G. A. Corey, J. F. Dovey, Nevin McConnell, William Pinkerton, Robert Pinkerton, John Cooper, C. W. Bedell, Fred Primer, W. H. Burt, Fred Heinde and others. In the information for conspiracy the defendants were charged with conspiring to "depress wages" and to incite riot by feloniously importing a force of armed men. No arrests were made on these informations. Blank bail bonds were signed by the Mellon banking firm and filled in by the defendants.

Sheriff McCleary, while he no longer experienced trouble in procuring a sufficient number of deputies at $2.50 a day, to patrol every street in Homestead and enforce order when necessary, found it a hard matter to induce these emergency policemen to attend to their duties. Non-union men coming out of the mill at noon for dinner, were repeatedly assaulted, the intractable element among the strikers caring little for the presence of the sheriff's officers. Early in September, Mr. McCleary quietly investigated the methods of his underlings, and ascertained that many of them were simply taking a holiday at the county's expense. The force was then reorganized, the loafers being summarily discharged. It was only now that the sheriff's pent-up feelings found vent. He was utterly disgusted, he said, and had come to the conclusion that, even if the salary of the sheriff were increased to $15,000 a year, the man who sought the office would be an idiot. The show of authority which Mr. McCleary made had a visible effect and when the deputies bestirred themselves order was sufficiently restored, for the time being, to elicit from Provost Marshal Mechling the opinion that, if the sheriff kept on attending to business, the troops would be withdrawn within two weeks.

Adjutant General Greenland was very severe on the sheriff, whose incompetency, he said, was productive of continual harassment to the troops. In General Greenland's opinion, it was in the sheriff's power, with twenty-five deputies under his personal direction, to keep the peace at Homestead and enable the militia to withdraw.

The improvement in the work of the deputies had such a marked effect that, in the third week of September, the Fifteenth regiment was ordered home, and, on the last day of the month four companies of the Sixteenth regiment broke camp, leaving but four companies on the ground, one of which was posted on the hillside across the river from Homestead. Two weeks later, on October 13, the last of the militia received orders to leave, the first intimation of the good news being conveyed to the men when the band struck up "Home, Sweet Home" at the morning reveille. Tents were struck and baggage packed in short order, and at 10 A. M. the last vestige of the encampment was removed, and with a cheer that re-echoed among the hills the boys in blue marched to Munhall Station and were soon on the way to their homes in the oil country. The Homesteaders watched the departure without showing much feeling, although many of them, doubtless, experienced a consciousness of relief now that, after ninety-five days of military surveillance, the town was restored to the hands of the civil authorities. Henceforward the preservation of the peace was exclusively in the hands of the sheriff's deputies, thirty in number.

An outrage which caused considerable indignation about this time was the attempt made by unknown desperadoes to blow up the Mansion House, a hotel situated at the corner of Fifth avenue and Amity street, in the most populous quarter of Homestead. The establishment was conducted by Mrs. Marron, a widow who had been induced to come from Pittsburgh in order to provide boarding for employees of the Carnegie firm. She secured 40 boarders from among the clerks and non-union steelworkers employed in the mill. On the night of October 6, when the occupants of the hotel were sleeping, an explosive of some kind was thrown through a window of the dining-room on the ground floor. The missile exploded with great force, tore a hole through the floor and penetrated the cellar. Beyond the wrecking of an empty room, however, no damage was done. Mrs. Marron naturally laid the blame for the occurrence on the strikers, but they stoutly disclaimed responsibility and contended that the damage had been done by a natural gas explosion and not by a bomb thrown with intent to kill and destroy. Another theory which found favor among the men was that some wily foe to organized labor had done the mischief in order to discredit the cause of the strikers and hasten the end of the strike by altering the drift of public sympathy. Mr. Frick offered $1,000 for the arrest of the supposed dynamiter and $100 additional was offered by the advisory committee, but the reward was never earned.

The night of October 8 was made memorable by Homestead's share in the greatest Democratic parade held in Pittsburgh during the presidential campaign. Preparations for this event had been in progress for some time. In previous years Homestead had been a Republican stronghold, giving heavy majorities for high tariff candidates, but as has been signified in the preceding pages, political sentiment in the town had undergone a complete revulsion, and the men were determined to make this fact conspicuous in the Pittsburgh demonstration. Under the command of David Lynch and Charles Guessner, 600 of the strikers marched in the parade, and were greeted with cheers all along the route. When the Homestead men arrived opposite the court house, they halted and gave three rousing cheers for Hugh O'Donnell and others of their associates who were confined in the county jail. Passing down Fifth Avenue, the Carnegie offices were reached. Here the marchers gave vent to their feelings in a chorus of groans.

Some of the transparencies carried in this notable procession spoke volumes for the influence of the Homestead trouble as a political factor. One bore a picture of a rooster and the inscription:

"The cock will crow in '92Over Fort Frick and its Pinkerton crew."

On another appeared the query, "Who protects the 2,200 locked-out men in Lawrenceville?" and the response, "Ask McKinley," while on the reverse side was the defiant invitation:

"Show us a man in a Pittsburgh millWho had his wages raised by the McKinley bill."

The maker of this couplet may have been weak in the matter of rhythm, but the deadliness of his low tariff logic challenged and received admiration from the crowd.

Yet another legend worth noting was: "The Three (Dis) Graces – Protection for Carnegie, Persecution for his men and Pinkertons for support." At every glimpse of the mottoes quoted, the mob of on-lookers cheered lustily and it looked on that October night very much as though Pittsburgh, the headquarters of high tariff sentiment, had become suddenly inoculated with free-trade virus. There could be no mistaking the opinion of the crowd as to Mr. Frick and the Pinkertons. Evidently the friends of these worthies had accepted discretion as being the better part of valor and remained at home.

The eclat with which the Homesteaders performed their part of the political display in Pittsburgh encouraged them to repeat the demonstration still more energetically in their own town. October 23 was fixed as the date on which the cession of Homestead to the Democracy was to be celebrated. On that evening the town was profusely decorated, Chinese lanterns, bunting, starry flags and red fire contributing to the picturesqueness of the scene. The parade, held in honor of Cleveland and Stevenson, was headed by the best known Republicans in the district, including such notables as Thomas J. Crawford, W. T. Roberts, Captain O. C. Coon and William Gaches. Prominent among the emblems carried was a live sheep painted black, beside which stood a man arrayed as a negro wench. On the float occupied by this group was the motto, "This is Protection." As the float moved along the street, men, women and children strained their lungs with the cry of "Carnegie's Blacksheep!" The success of the Homestead demonstration was the "last straw," and Republican missionaries visited the benighted town no more.

The Hungarians continued to grow more and more restless as they saw the number of men in the mill increase and the chances of their getting back their jobs diminish correspondingly. All these foreigners belonged to the laboring class and it was especially hard for them to stand the strain of a long period of idleness. Arnold Frank, a representative of the race who continued in the employ of the Carnegie Company, devoted himself to quiet missionary work among his compatriots and took frequent occasion to inform the newspapers that a break in the ranks of the Slavs might be looked for at any time. Mr. Frank claimed to be the recipient of daily applications for jobs from Hungarian strikers and that these men were sick and tired of hardships endured for the benefit of an organization which did not even admit them to membership. Slav leaders, who were loyal to the Amalgamated Association, rebutted Mr. Frank's statements, alleging that their fellow-countrymen received their full share of strike benefits and were just as steadfast as any other class among the strikers.

Another cause of disquietude was a sudden change of base on the part of the Homestead Local News, which was originally the mouth-piece of the advisory board. In its issue of October 15, the News editorially reviewed the situation, setting forth that there were now over 2000 workmen in the mill, 200 of these being former Homestead employees, that recruits were daily being received and preparations being made to accommodate a large additional number of non-unionists; and that businessmen and intelligent members of the Amalgamated Association privately admitted that the battle was lost. In conclusion the article held these two conclusions to be indisputable: "First – The Carnegie Company is gradually succeeding. Second – The great Homestead strike is gradually dying out." The treachery of the News, as the men regarded it, provoked unbounded indignation among the strikers. Nevertheless the truth of the statement made by the paper was privately conceded by many Homestead people, and especially by the store-keepers, whose capacity for doing business on trust was being taxed to an extent threatening some of them with bankruptcy. The sympathies of these people were entirely with the Amalgamated Association; but, on the other hand, the prospect of heavy loss to themselves, in case the strike should be a failure, stared them in the face, and the apparent success of the Carnegie Company in manning its works boded ill for the prospect of their recouping themselves.