Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-07-24
PRIEST. DBBS IN COURT.
The American Railway Union Officers
Make Their Return
an IMPORTANT LEGAL BATTLE.

Labor Mon Think It the Most I'm
T. portant Case Ever Tried in the
l. United States-If Unsuccessful
IN the Circuit Court, the Case
Is VIII Be Carried to the Supreme
Court, and If There Decided
Against Them, Congress Will
Be Asked to Act-Deny the
Right Of q. S. judges to Issue
Such InjunctiOns.
3 CHICAGO. July 23.-What is consider
ed by labor leaders and their counsel to
Be one ef the most important legal bat
Ties in the nations history was begun in
the United States Circuit Court to-day,
when President Debs, Vice President
Howard, Secretary Keiher aad Direct
/ or Rogers, Of the A. +. T., BIZ their at
toraeys, w. w. Erwin, S. Gregory and
c. S. Darrow, filed their answer TO the
contempt rule issued by the court
against than last week, and came them
selves into court 10 make return to
the writ. The defeuse proposes TO
carry the case to the Supreme Court
OF the United States in the event
a. adverse decision here, and il
| dele eated there to appeal through Con-
gress TO the people. The policy of the
deiense will be to question the right
! and power OF the court to issue iDjunc-
tionS like that obtained by the railway
| companies against Debs and his asso-
! ciates and then iInprison those enjoined
| II the Injunction be violated. 1t will
| be c0nteuded that what the court has
done amounts to a usurpatton of power
not given TO the federal judiciary by
| either constitution or law. The defense
will follow closely the lines OF the re-
| port Of the Boatner committee Of Con-
| eresS which Investigated the injunction
aud contempt proceedings by Judge
i Jenkins.
The answer fled to-day consists in
the main as follows: The defendants
admit the American Railway Union is .
voluntary association Of which many
| thousand employees were az the time OF
filing writ OF injunction
AND STILL ARE MEMBERS
that the defendant, Eugene " Dabs, Is
| president Of said association, and Geo.
r. Howard, vice president; Sylvester
! T. shteI, secretary and treasurer, and
~. Rodgers, enc of5he uIE0cters, aAd
that all of said defendants were and are
| directors of said American Railway
! Union. They allege that the purpose
OF said A. K. u, and the purpose and
| intent Of the organization and mainte-
nance thereof, was the protection Of all
its members in their rights and interests
| as employees Of the various railway sys-
{ TENS Of the United States, and TO pro-
! cure by all lawful and legitimate means,
! fair, reasonable and adequate cOmpenSa-
| tion for all its said members for the
! service performed by them; that mem
| berShip In said American Railway Union
was open to every employe OF good per-
! sonal character and reputation engaged
upon the railway systems Of the United
! States
They deny that it was al any time
| the purpose and object Of the said A. X.
! e., or anv Of the officers or directors
! thereof, or OF these defendants or either,
| or anv Of them to concentrate the
| power and jurisdiction Of said A. +. L.
under one official management and d.
rectioG with power TO order strikes, or
| q discOntinuauce of the service OF such
! employees az any time that the board OF
! directors or the A. Il. L. should elect
so to 10 as alleged in said information
| or otherwise and they allege by the or
! ganizatign OF the said \. +. o., strikes
| could only be declared or discontinued
! by the vote or majority OF said A. L.
! L. employed in the service.
AFFECTED BY ANY SUCH STRIKES.
They alege that on the 96th or 27th
! day OF June 4 majority Of said Amerl-
can Railway Union employed upon Illl
| nois Central and upon other companies
referred TO In said information, did for
! themselves, without any order, direc-
tion or control Of the said American
! Railway Uuion or its officers or direc-
| tors. determined their votes that they
would strike or leave the service OF said
! railway companies, and did on or about
! SAID time leave the service OF said rail-
way companies.
Defendants admit that prior 10 the
second day Of July many local unions
OF the said A. R. L. were organized
uuon railroads located 10 the northwest
and extending from the city Of Chicago
westward to California, and including
| substantially all the railroads to the
! Pacific coast. They admit that after
the service Of the Injunction many per-
sons upon said system OF railroads met
| together and organized themselves into
| local unions OF the said American
Raj wav Union and duly applied to
said American Railway Union for ad-
mission to mem bershIp therein.
They expressly deny that the organ
| iza;ion OF said unions npOn said roads,
or snv Of them, was intended to confer.
| or did confer upon said 4. L. O., its off,
| GERS or directors. or upon these defend
ants. or either Of them, the power aud
| authority to order strikes upon said
roads. but on tie contrary allege that
strikes could only be ordered upon said
roads by the en- ployes OF said roads them
| selves, aud that such employees were in
no manner subject TO the authority or
control OF said American Railway
| Union.
THE DEFENDANTS DENY
that auy Of the kilograms set forth in
| said information was sent, or caused to
oe sent by them, or any Of them, or that
they authorized, or approved the same,
or any one thereof, except certain
telegram dated July 8. 1894, In the
words and figures following:
I'VE have assurance that within forty
eight hours labor organizations In this
| country will come 10 our rescue. The
/ fight is on aud our men are acquitt.nS
| themselves like heroes. Here and