The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-08-23
DEBS'S GREAT STRIKE
ITS VARIOUS PHASES DISCUSSED BY
JUDGE Il. Nj. COOLEY.
Interesting Paper Read Before the
American Bar Association
-ommonwea Movement.

<AoSONAoNAOh' Va Will JuNSS SHA '
Cooley. of Ann Arbor. Mich. is president.
began its seventeenth annual meet
ing here this morning. The presi-
dent being absent by reason of
illness, his address was read by
the acting president. Judge Samuel Hunt.
of Cincinnati. Points from the address fol-
low:
The year which has elapsed since the
last meeting of the association is in some
very striking particulars one of the most
think i cannot more usefully occupy your
time on this occasion than by calling at
tention to these, and inviting your patient
and thoughtful consideration of some of the
phases of social and public life which in a
constitutional point of view appear to merit
notice at our hands.
II shall first refer briefly to that extraor-
binary spectacle witnessed early in the year
of considerable bodies of men collected in
various sections OF the country under the
leadership of persons who assumed military
titles, and VINO proposed to march upon
Washington and make demand in the name
of the people for legislation In the suppose
interest of those among us who were out OF
employment. They called themselves, or
were called by their leaders or sympa-
tnlZers, by names supposed TO indicate that
they were of the working classes, but tenn
porarily idle without their own fault, and
they proposed in an impressive manner 10
remind the federal government of a duty
resting upon it to see that every deserving
citizen was furnished the means of earning
a nVellnOOu.
but for its demoralizing effect upon
those who took part in il. and who were,
as was pretended, DESTROYS of a life Of in
dustry, and also upon all who in any way
lent 1t countenance, this march upon the
national capital might well have appeared
to the observer ludicrous in the extreme.
1t assumed to be made in the name as well
as in the interest of the American people,
and its leaders spoke unblushingly as the
prophets of the people, though not a single
State or county or municipality of the
Union had sanctioned the movement or au-
thorlzed these leaders or the organized
Washington should be reached.
These vagrant bands marched across the
country to the great detriment of its in
resent the doctrine that the government
was under obligation TO provide for its peo-
ing might be had they found sympathizers
among those temporarily out or employ
people who had of the true functions of
| government only vague and unsettled no
as they represented notions which are an
tagonistic to the existing social and polit-
ical state, they were everywhere a public
THE GREAT STRIKE
During the summer just passed the
country has witnessed a great and disas-
trous boycott and strike of railroad work
men. The cause was not any controversy
over their own wages, or about their treat
ment by their employers; II was a sympa-
HONSiuSHt, SO-CdllSu, anu ii ISdSOh
assigned was that laborers for a corpora
ton with which some of the railroad COM
panies had important dealings had gone
upon a strike rather than accept the
wages offered them; it began with a boy
colt against railroad companies who made
a at and nj " ea did G not tn dis eSGRfnue,0f the aim use,
this being followed by a general strike. the
ahew wReeRl sfe of tra Gf wf to- co Was. the 1y railroad
companies into taking such action as would
submit to arbitration the charges of OPP
preston its employees brought against it.
o question fairly arising upon the
circumstances of this strike and which,
so far as / know, has hitherto received but
slight attention, 1 think | may properly
call to your notice here. 1t concerns the
rights. legal and equitable, of those who
were to be affected by the strike, should
one be declared. and raise the question
whether under principles supposed to pre-
vail wherever free government exists, the
strike as against them could be fully justi-
probable effect upon their interests being
first had, and If practicable an oppor-
tRery OWN g1nen sta andm nf ag gains Ffai iGs being beHm
entered upon. The parties who were TO be
injuriously affected We're, first, the rail-
10 be heard through their general man.
ayers. or any authorized committee on the
sonable to declare a strike against them
for what was not their own fault. might
possibly have convinced the members of
III III WHICH was TIC lUS lIt
question that the objections TO it from
the standpoint of their employers were
ment of the United States whose trans
portation of the mails and control over
interstate m Were to be very seri-
ously interfered with, and perhaps the
service of federal process DISTRACTED: and
third, the people of the United states;
whose legal right to be transported and
to be in part and perhaps wholly taken
away while the strike, continued, at a
cost to them which in all probability must
in the end be counted by millions.
Here were three parties, all innocent as
regards the grievance which was in ques-
ton, who, If action was to be taken after
the manner deemed necessary to prevent
injustice in governmental proceedings.
would seem to have had a strong, equitable
and indeed an indefeasible right to have the
effect upon themselves first considered.
Now, / understand very we'll that in the
case of an ordinary strike or boycott en-
tered upon for the purpose of redressing an
existing wrong or to prevent one which, is
extent different. Such a case partakes of
the nature of self-defense. and incidental
injury to third parties, if it is unavoidable,
is excused on that ground. But there was
nothing of the nature of self-defenSe here.
1t was a third party who was supposed to
have been wrOnged in this instance, and as
innocent parties were to be directly struck
at and greatly injured, the very least they
could justly be awarded would be a careful
consideration by those proposing the dam
aging action of the question whether the
successful i'm what they hoped to accom-
plish, must not be TO cause injury to inno-
cent parties greatly in excess of the gains.
and If so whether the proposal could in
Justice be accepted. But this was a ques-
ton of which no notice was taken. limo
cent parties who must necessarily suffer
not only had no opportunity to protest,
but their losses were not taken into ac-
count as reasons against the boycott and
strike. On the contrary, they were looked
upon as favorable features of the case,
since they rendered success more prob
able. But a sympathetic strike is bad in
morals and must be quite as bad in policy,
when the probable injury TO innocent par
ties will exceed the probable benefit to the
parties 1t aims to assist.
STATE AND FEDERAL RIGHTS
"In our Notice of this great internal COM
motion, some attention is due to a question
of constitutional law which was raised by
some of the Governors OF States. When in
terstate m was Interrupted, the
transmission of the mails seriously i'm
peded and the service of process issued by
the federal courts rendered difficult or i'm
possible, President Cleveland sent to Chi
cago. the point of greatest disturbance and
disorder, a considerable military force to
aid the civil officers and 10 protect the car
riers of the mails and the persons and We
hicles employed in interstate transporta-
ton while they continued, or made efforts
to continue. in the performance of the
customary service. This at once brought
out a protest from the Governor Of ILL.,
nOiS VINO insisted that the President was