Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
The legislation for giving damages for injuries to property done by
mobs was tested after the Pittsburg riots of 1873, and that yellow
metropolis was mulcted in heavy damages, which it took twenty-three
years to pay off. But no damages in this country were ever given for
criminal homicide directly, although there is an interesting case in
the Federal Circuit Court of a gentleman in Georgia who was awaited by
a party of neighboring gentlemen with the intention of shooting him
up when he arrived. One of his friends secretly got to the railway
station and sent a telegram to his wife, shortly to become his widow,
not to come. The Western Union Telegraph Company delayed the message,
its operator being in sympathy with the gentlemen of the neighboring
town, and the widow failed to recover damages from the telegraph
company. But these modern statutes in Ohio and the Southern States,
making towns responsible in a definite sum to the kin of a murdered
man, are the exact re-enactment of the early Anglo-Saxon law; except
that the blood damages--the were gild--were in those days put upon the
neighbors or the kin of the enemy.
"Organized labor" is hostile to the use of the militia, still more of
the regular army, in any labor dispute or riot resulting therefrom. It
is never justifiably hostile where actual offences are committed, but
there is something to be said, at least there is some precedent
for their hostility, in cases where by the accident of Federal
jurisdiction the whole power of the United States army is called in to
back up the injunction of a judge, perhaps improperly issued. That is
to say, if the parties to the dispute are citizens of the same State
the National government may not interfere except, of course, where
the mails or inter-State commerce are obstructed; but, by the mere
accident that plaintiff and defendant come from different States--and
this may nearly always be made the case by the plaintiff corporation,
if it be a citizen of another State than where it owns its mine or
operates its mill--it may always pick out strike leaders, walking
delegates, who are citizens of another State, so that the litigation
may be brought in a United States court. If, then, the orders or
processes of that Federal court be interfered with, under the law of
our Constitution the entire Federal government, first the Federal
marshals and then the Federal army, may be called into the fight.
CHAPTER XIV
OF POLITICAL RIGHTS
Public-domain text, read in full here on John Shaqi.
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