Part 79

A. Yes; the firm of Evans, Dalzell & Co. I think the first man that gave me any information of any firing was Mr. Cassatt--that is a positive assurance that the firing had taken place. He had been up in the cupola of one of the buildings and had observed all the proceedings that had taken place at Twenty-eighth street. I think he was the first that gave me any positive assurance that the troops had fired. I know I had heard no firing, had not heard the explosion of the pieces at all. I am very free to confess that I am very sorry that I was not at Twenty-eighth street at the time of the difficulty, because General Brinton, when no other officer would have had any reason to have waited for an order very long, for most undoubtedly and most assuredly had I been there, and the pistol shots had been fired as has been testified, and stones thrown, as Captain Breck has stated, and the troops treated in the manner in which they undoubtedly were treated, I would have directed Brinton at once to fire upon the rioters, and would have kept it up just long enough that they wouldn't have come back to that locality again, at least a good many of them. I didn't believe an order was given, at least, from what Brinton has informed, but I thought it should have been given.

* * * * *

Colonel Gray, re-called:

By Senator Reyburn:

Q. You have given your testimony, I believe, before, as to the occurrences. All we want to ask is, did you see General Pearson on the afternoon of the 21st of July?

A. I saw him at a distance. I was on the hill side, and saw him come up with the troops. I was up in the morning, in the forepart of the day, probably twice I saw him there, but I was not close to him. I was not down to the railroad that day.

Q. How was he dressed in the morning that you saw him?

A. I saw him at the Union depot at night--Friday night--and then in the morning, before he went out there. He was dressed in his fatigue uniform, and it has been very accurately described by himself, and I think everybody in the Sixth division knows it, and everybody who has seen him, the peculiar coat--different from any other fatigue uniform that is in existence now. I think he was dressed in that uniform and fatigue cap. I saw him come up with the Philadelphia troops, at a distance. I was on the hill side, and recognized him very distinctly. I was anxious that he should be there, and was satisfied that he was there.

At this point the committee adjourned to meet at Harrisburg, at the call of the chairman.

HARRISBURG, _March 8, 1878_.

The committee met, pursuant to notice, in Senate committee room, No. 6, all members present except Mr. Larrabee.

* * * * *

Governor John F. Hartranft, being duly _sworn_, testified as follows:

By Mr. Lindsey:

Q. Governor, just state in your own way where you were in July last, when the railroad strikes first broke out, and when you received the first information, and what was done by yourself thereafter?

A. I contemplated making a trip to the west with my family, and, in thinking the matter over before I started, I had a conversation with the Adjutant General, in which I stated to him that I thought everything was as calm in the State it ever was since our administration, yet, if there was any trouble, he should exercise the authority vested in the commander-in-chief, in accordance with the same rules and principles that we had established when there was trouble prior to my leaving the State--that is, when there was trouble in a section of the State, we frequently had calls from the sheriffs of the county, and after we became satisfied that the sheriff had exhausted his authority, or was unwilling to exercise his full authority, we generally sent troops. With these general instructions, not anticipating for a moment that it meant anything, I left the State on Monday, the 16th of July. On Wednesday morning, I saw by the papers, at Chicago, where I was, that there was trouble on the Baltimore and Ohio road. On the next day, Thursday, receiving the papers on the train, I saw that the trouble was spreading. I telegraphed to the State for information as to whether this had spread upon the Baltimore and Ohio road into the State. The first dispatch that I received was received at Antelope, on the Union Pacific railroad, on Friday forenoon sometime. The dispatch was as follows:

"Mob stopped all freight trains at Pittsburgh. Sheriff called for troops. Ordered Pearson to take charge, and put one regiment on duty. Says he may need more."

Q. Who was that dispatch received from?

A. It was from General Latta.

Q. That was on Friday, the 20th of July?

A. That was on the 20th, in the forenoon. As soon as I reached

"Order promptly all troops necessary to support the sheriffs in protecting moving trains on Baltimore and Ohio railroad. Go to Pittsburgh and keep supervision of all troops ordered out. Will be due at Ogden to-morrow at six o'clock. In the meantime, _en route_, let me know the situation."

I again sent a dispatch from Laramie City, same day, five-twenty, P.M.:

"Spare nothing to protect all persons in their rights under the Constitution and laws of the State, in accordance with the policy heretofore adopted. Am on the train to Ogden."

I received a dispatch from General Latta--I do not remember whether before sending this last or after--to this effect:

"PITTSBURGH, PA., _July 20,1877_.

"No difficulty on Baltimore and Ohio railroad in Pennsylvania. Strike extended to Pennsylvania railroad. Trains stopped at Pittsburgh by rioters, numbering two or three thousand.

"General Pearson has six hundred men under arms guarding property. General Brinton will be here to-day, with twelve or fifteen hundred men. Movement will be made immediately on his arrival to open road, and we expect to do so without bloodshed.

"I will be at Union hotel, Pittsburgh, until order is restored. Keep me advised of your movements. If your presence is needed, I will promptly wire you."

I received numerous dispatches after that from General Latta, Mr. Scott, and others, and at Ogden I sent the following dispatch to General Latta, Saturday evening, the 21st of July:

"Dispatch received. Unless I hear from you to change my mind, I will take the first train to Pittsburgh. There must be no illegal interference with any person willing to work, and to this end act promptly, that it may be done without bloodshed."

I then went to Salt Lake City with my family, the next train east not being due at Ogden until ten o'clock Sunday morning. When I arrived at Salt Lake City, I had another dispatch from Mr. Quay. This I received at nine o'clock Saturday evening:

"A collision has occurred here between the strikers and the troops. Number of persons have been killed and wounded. Intense excitement prevails in city, and there are indications of further bloodshed, and that the trouble will be wide-spread and protracted. I suggest that you return, allowing your party to go forward."

I then secured a special train, leaving there at twelve o'clock, and got to Pittsburgh on Tuesday afternoon.

Q. Before you go any further, I would like to ask a question or two: In your instructions to General Latta, before leaving the State, was it your intention to delegate to General Latta your power as commander-in-chief to call out the militia in case of an emergency?

A. Not my power, but simply discretion, under the general order, to act in accordance with our custom in case there was any trouble in my absence, and to issue orders by my authority, just the same as if I were in the State.

Q. Signing your name?

A. No; his own, by order of the commander-in-chief, or what is the same thing, as Adjutant General. I may say that I talked with the Attorney General before I left the State, and he thought there was no reason why I should not go.

Q. He was to follow strictly the regulations that had been adopted heretofore?

A. Yes, sir.

Q. Under the act of 1864, what have been the regulations--I do not quite understand you on that point--about calling out troops?

A. We have not fallen back upon the act of 1864, because the sheriffs have always called. In fact, the sheriffs are generally very prompt to call for troops. They often wanted our assistance when we thought it was not necessary, and in every instance when troops have been ordered out during my administration, they have been ordered, as they were in this case, upon the call of the civil authorities to aid them. We have always kept the troops, so far as we could, subordinate to the civil authorities. In this instance, and some other instances, perhaps the civil authorities were not quite as active as they ought to have been, and they, to a certain extent, disappeared, and then, of course, we came under the act of 1864. But in the first instance we have never exercised our authority under that act.

Q. You would consider that under that act you have authority to call out the militia upon notice, or your own knowledge, that there is any serious riot or outbreak in the State?

A. Yes. If there is a riot in any section of the State, and the civil authorities are unable or unwilling to suppress it, I think it would be my duty, as Executive, to order out the National Guard, and to take charge of the situation to protect life and property. I would not hesitate to do it, whenever I became satisfied of that fact.

Q. In your judgment, would that be in conflict--would such an action be in conflict, in any way--with the Constitution, which says that the military shall always be in subordination to the civil authorities?

A. Well, I do not pretend to give any legal opinion upon that point; but, so far as the past has been concerned, we would have been glad and willing to let the civil authorities take entire control, and it is only when they were willing and anxious that we took part, and there never has been a conflict.

Q. That has always been the rule adopted by you, as commander-in-chief?

A. Yes, sir. I am not quite sure that that question may not arise. I can see very easily how it might arise in the near future, in any locality where the civil authorities might be in sympathy with the lawless elements, but we hope that it may not.

Q. And is that a reason why you have adhered to the rules that you have just mentioned?

Q. I do not know that it was because of any supposed conflict, but I adhered to that because I thought it was the common-sense way of doing it. That is about all.

Q. Then the first telegram, I understood you to say, received from General Latta was in the forenoon of Friday, the 20th?

A. Yes, sir.

Q. Did you know on that day that General Latta had already ordered out the militia?

A. Not except through him.

Q. Does that telegram state that?

A. Yes. He says, "Ordered Pearson to take charge, and put one regiment on duty."

Q. Do you know what time General Latta gave that order to General Pearson to take charge?

A. No; I do not.

Q. I would like you now to state when the news first reached you of any disturbance at Scranton, and through what channel, and your action in relation to the outbreak at Scranton.

A. I do not know that I knew anything definitely about the trouble there until the 25th. As I was passing through Harrisburg to Philadelphia, on the 25th, I received a dispatch from the Brotherhood of Firemen and Brakemen, and there was also one, I think, from the officers of the road, which I do not see here just now. The question that arose there was that the railroad company were unable to run their trains, because the firemen and brakemen had struck, and mob would not let them, and then the Brotherhood of Firemen and Brakeman agreed that they might run the mails through, and the company did not want to do that unless they could take a passenger train. I telegraphed back to the superintendent of the railroad, "Would advise you to let mails run through." My object in that was not to precipitate any further disturbance until I had everything in hand. There was, I think, no running of trains for a week or ten days after that. They were making an effort to run trains about the 31st of July, but on the 1st of August there was a disturbance in Scranton, and the mayor called upon me for troops. The miners came out on a strike about the 25th. In consequence of this general confusion in Luzerne county, no trains moved. I had anticipated a movement to Luzerne county for the purpose of starting trains, and had made my arrangements, but this riot at Scranton precipitated the movement, and I got there on August 2d. The riot occurred on the 1st, and I got the first news about two o'clock, and my advance troops got to Scranton early next morning.

Q. What day did you say you received the call from the mayor for troops?

A. On the 1st of August. The dispatch was:

"Mob have partly taken possession of the town. I was assaulted, and sent to my committee for assistance. Mob attempted to follow me up, when three or more were killed. Come to my assistance.

"R. H. MCKUNE, _Mayor_."

Very soon afterward, I received another dispatch: "How soon can I expect troops?" Then I received half a dozen dispatches from private parties. I sent a dispatch to McKune: "Keep quiet. Will be with you in the morning."

Q. Had you any communication with the mayor prior to the 1st day of August?

A. Yes; there were several dispatches in which he was confident that he could manage the situation. For instance, here is one on the 29th of July: "Pumps will start to-morrow. Send no troops until you hear further from me. Am in hopes of a peaceful settlement." Here is a dispatch from the mayor on the 25th of July, which I overlooked before: "Strikers have taken the coaches off of the mail train, and will not allow them to proceed. I am unable to assist the company in getting the train started." That is on the 25th of July. There is another dispatch here which influenced me to some extent, dated July 25:

"There is not flour or provisions enough in this (Wyoming) district to last one week. We are informed that at Scranton the situation is no better. Unless some means are adopted to open up western communication by rail, there will be serious trouble here. The situation is very grave, and demands urgent attention.

"Very respectfully,

"CONYNGHAMS & PAINE."

That is dated Wilkes-Barre, July 25, 1877.

Q. Then, I understand, prior to August 1, the mayor of Scranton did not desire troops to be sent?

A. No; the first dispatch did not call for troops, but he was evidently looking to me for assistance. But in a few days after that, on the 29th, he thinks he is able to control it.

By Senator Reyburn:

Q. Up to that time he was confident that the civil authorities could control it?

A. Yes. There was no conflict, because the railroad companies could not move their trains, and did not attempt it. They could not move them, and the civil authorities were unable to assist the railroad companies, and therefore did not attempt it, and everything was quiet. Eventually they were looking to me to help them, but I did not propose to go there until I got through with Pittsburgh. Besides, I thought if we got everything started at Pittsburgh, the moral effect of that might settle the question in the whole State, and there would be no necessity to go anywhere else.

By Mr. Lindsey:

Q. Did you have any other dispatches from him except the one you have read, dated the 29th, in which he expressed himself as being able to control it.

A. No; I think not. I find none in the appendix to the message, and I have none in this package, I know. While I was at Pittsburgh, Mr. Farr, my private secretary, was here in charge, and he kept me in constant communication with the region--with the Luzerne region--and there is one dispatch from him here; it is rather lengthy, but it gives the situation on the 31st of July, the day before the riot occurred.

The dispatch was read as follows:

"With exception of Luzerne county, matters in eastern Pennsylvania have returned to normal condition. Philadelphia is orderly. In Reading all danger is over, and civil authorities are rapidly arresting rioters. About fifty are now in jail. The citizens support General Reeder's action, and believe the firing of his troops prevented great destruction of property. Two of leaders of rioters were killed. The P. & R.R. is running trains, and the bridge will be ready for trains in two weeks. At Harrisburg all signs of disorders have disappeared. Forty arrests have been made, and the authorities are rapidly ferreting others. There is no doubt of their conviction of majority of prisoners, both in Reading and Harrisburg. Captain Linden assures me there are no fears of an outbreak in Schuylkill, unless irruptions of striking miners from Luzerne force the men in Schuylkill to quit work. General Sigfried's advices from Pottsville are to same effect. In Luzerne affairs are threatening. The Lehigh Valley R.R. has not resumed, and trains are stopped on other roads by miners. Engineers driven from pumps, and mines are flooding. In Wilkes-Barre there is said to be a scarcity of provisions, owing to interrupted transportation, and fears are felt of disturbance on that account. A concentration of troops in Luzerne, to give control of property, open traffic, and protect workmen, would remove the last vestige of lawlessness in eastern Pennsylvania. There are two hundred regulars in Reading. Available troops can be taken from Harrisburg or Reading without danger. If to-night's advices indicate the necessity, I will go to Scranton and Wilkesbarre to-morrow, if I can get there."

Witness: There is another one here, 11.30, P.M., that I suppose was the same date.

The dispatch was read, as follows:

"In answer to my dispatch of yesterday, Sheriff Kirkendall, of Luzerne, telegraphs as follows: 'All travel and communication by railroad stopped. Rumors that Lehigh Valley road resumes to-day. There has been no riots so far, nor destruction of property, except incident to stopping mines. Work in all mines stopped; men on strike.' I report no immediate apprehension of danger. There are some five hundred troops--National Guard--encamped here--Wilkes-Barre.... telegraphs from Kingston, July 31, that Kingston, Plymouth, and Nanticoke have been entirely in the hands of mob since last night. If anything is being done to master it, I don't know it. Last night, 30th, they mobbed a passenger train at Plymouth. Have been ready all day to do so again, if one moved. This afternoon, 31st, at Nanticoke, the mob stopped all the pumps at the mines. The citizens are powerless to act; those in authority don't.

"C. N. FARR, jr., _Private Sec'y._"

Q. Had you any communication with the sheriff of Luzerne county direct?

A. His dispatch is incorporated in these: "In answer to my dispatch of yesterday, Sheriff Kirkendall, of Luzerne, telegraphs as follows: 'All travel and communication by railroad stopped. Rumors that Lehigh Valley road resumes to-day. There has been no riot so far, nor destruction of property, except incident to stopping mines. Work in mines all stopped; men on strike.'" And there may have been other dispatches received from him which I have not got--which I did not print.

Q. Had you any dispatches from the sheriff of Luzerne county, in which he expressed himself as being able to control the situation of affairs without troops?

A. No; I think there were no such dispatches.

Q. Did he make any call for troops?

A. He made no call. The mayor of Scranton made a call, and so did the mayor of Wilkes-Barre. I cannot find the dispatch from the mayor of Wilkes-Barre, but I am satisfied there was one.

Q. Do you know what time the call was made by the mayor of Wilkes-Barre?

A. It came on the same afternoon that Mayor McKune called for troops. I do not know just what time the miners came out of the mines. I do not think they came out until after railroad communication was stopped. I think the strike was inaugurated after that.

Q. Did you publish the proclamation in your message?

A. Yes; there are two proclamations there.

Q. I wish you would state when the first proclamation was issued?

A. The first proclamation was issued on the 20th of July. The proclamation was gotten up at the office, and I was notified that it was issued as soon as it was done.

Q. By the Secretary of the Commonwealth?

A. By the Adjutant General. It was signed by the Secretary of the Commonwealth. The proclamation was prepared on a blank, which was left signed for general purposes. Then, when I returned to Pittsburgh I issued another proclamation, which was dated the 25th of July.

The proclamation was as follows:

_Pennsylvania, ss_:

JOHN F. HARTRANFT.

In the name and by the authority of the Commonwealth of Pennsylvania.

{Place of } {great seal} {of State. }

JOHN F. HARTRANFT, _Governor of the said Commonwealth_.

A PROCLAMATION.

_To the people of the State of Pennsylvania_:

WHEREAS, There exists a condition of turbulence and disorder within the State, extending to many interests and threatening all communities, under the impulse of which there has grown up a spirit of lawlessness requiring that all law-observing citizens shall organize themselves into armed bodies for the purpose of self protection and preserving the peace.

Therefore, I, John F. Hartranft, Governor of the State of Pennsylvania, do hereby recommend that all citizens shall organize themselves into associations, with such arms as they can procure, for the purpose of maintaining order and suppressing violence; and all good citizens are warned against appearing in company with any mob or riotous assembly, and thus giving encouragement to violators of the law.

Given under my hand, and the great seal of the State, at Harrisburg, this twenty-fifth day of July, Anno Domini one thousand eight hundred and seventy-seven, and of the Commonwealth, the one hundred and second.

By the Governor:

M. S. QUAY, _Secretary of the Commonwealth_.

The witness: That was issued that night. It got into the morning papers, I think of the 25th, in which I called upon the people to organize, and aid the civil authorities.

Q. Have you a telegram notifying you of the issue of the first proclamation?

A. Yes, sir.

HARRISBURG, PA., _July 20, 2.20, P.M., 1877_.

GOVERNOR J. F. HARTRANFT, _on No. 3, Sherman, Wyoming_:

Trouble on the P.R.R., at Pittsburgh. Railroad officials over-anxious, fearing trouble would extend to Philadelphia, where train hands were in session last night.

Scott suggested your return, but there is no necessity. Proclamation issued. Go on. Where can we telegraph next? We go to Pittsburgh this afternoon.

(Signed)

JAS. W. LATTA, C. N. FARR.

Q. When you arrived at Pittsburgh, state whether you were met by any committee of citizens or not?