Illinois vs. August Spies et al. trial evidence book. People's Exhibit 105.
Arbeiter-Zeitung (Newspaper) article, editorial, 1886 Feb. 17
2 p.
Introduced into evidence during testimony of E. F. L. Gauss (Vol. K p. 721-732), 1886 July 31.
Transcript of translation of article.
PEOPLE'S EX.105.
Thursday February 12th, --editorial.
"When a common "philister" declares What hasn't a working man got the same right as I, isn't he his own boss, a freeman? Can not he do and leave undone what he wants to? Then we attribute that to his proverbial stupidity, the capacity of the "philister" doesn't go beyond his belly, and his money bag, but of a man who the judges back, we could well expect a little more, it almost sounds increditable that a judge in the year of (in)--salvation should venture to render the following decision:
"It is true it has been proven that the locomotive which cause the injury of the plaintiff was in a dangerous condition, but as he (the plaintiff) had also been informed thereof and notwithstanding continued with his work, then he alone has to bear the consequences of his risk."
"It was the Sormonic Judge Bailey who gave this decision in the case of Albert Standard against the Chicago, Milwaukee & St. Paul Railway and then set aside the verdict of the jury which gave the plaintiff $500 damages. Standard was an employe of the said railway company. The locomotive which he run was in a dangerous condition. The management of the road know this. Whether the plaintiff has knowledge of it or not is immaterial. As an employe he had to do as the management commanded".
"Had to "ask the philister, "couldn't he have said that he refused to mount the locomotive until it was in good repair and good condition". Of course he could have done that, for it was certainly the best thing, but at the same time he could have packed his traps as a freeman and could have looked for another master. This alternative would have been no less dangerous than to have remained at his post and risk his life. If when one has a choice between death by starvation and cold on the one side and a risk or danger to be sent suddenly into the beautiful beyond by a boiler explosion then he would be a fool not to prefer the latter. The liberty of the plaintiff then simply consisted in this choice to decide in favor of one of two methods of destruction, whichever might be most agreeable to him."
"How dearly Judge Bailey sold his decision we do not know, it has nothing to do with the case either."
"Perhaps the proletarians will occasionally pay the courageous gentleman for his decision, by according to him also the freedom and choice between a hemp necktie and a nitro-glycerine pill.
Signed "A.S."