34 ANDREW J. SHIPMAN MEMORIAL 



lent means to accomplish an illegal object, is himself a rioter, 

 even though he take no part in the riot. ... If he set in 

 motion the physical power of another, he is liable for its result. 

 If he awaken into action an indiscriminate power, he is 

 responsible.'' 



Here in the State of New York our Penal Law provides 

 (Sec. 2) that a person who aids or abets in the commission of 

 a crime, whether present or not, or who counsels, commands, 

 or induces another to commit a crime, is a "principal," and 

 shall be dealt with accordingly. It also provides (Sees. 160, 

 161) that the advocacy of criminal anarchy is a felony; also 

 (Sees. 1044, 1045) that murder in the first degree is punish- 

 able by death ; and that any person who, even without premedi- 

 tated design, causes the death of another while committing a 

 felony, is himself guilty of murder in the first degree. Trea- 

 son (Sec. 2380) is defined as "a combination of two or more 

 persons by force to usurp the government of the State or to 

 overthrow the same, shown by a forcible attempt made within 

 the State," and (Sec. 2381) it is punishable by death. These 

 principles of our own law will enable us to take a saner and 

 clearer view of the Ferrer matter than to rehearse merely 

 the statutes of rebellion and treason in the Spanish law under 

 which he was convicted. Lest it may be said that "The dice 

 were loaded, the game was not honest," we will keep in mind, 

 for the sake of analogy, what our own laws in the United 

 States provide in like cases, and what they have already meted 

 out in a similar situation. 



The nexus of events leading up to the revolution and riot 

 in Barcelona, July 26-31, 1909, is too long to be told here, but 

 we may briefly set down a short outline of them. Catalufia 

 has been the discontented child of Spain, as well as one of 

 the great manufacturing provinces. The soil for revolt is 

 there, and an appeal to its local passions often finds re- 

 sponse. In 1908 the Spanish Government granted a franchise 

 to an iron company to mine the rich ores in Africa. The com- 

 pany sold its entire product, for many years to come, to Ger- 

 man syndicates. The Spanish company found the richest ores 

 at the extreme frontier of the Spanish possessions in Africa, 

 if not actually upon Moroccan Riflf territory. They en- 

 croached upon Moorish territory, or at least the natives 

 thought they did ; and finally the clash came when they were 



