The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-12-15


stop the use Of Pullman sleepers; and
Tor time they had the agreement Of
manager and other officers Of one road
TO quit the use OF the obnoxious cars.
and, perhaps. qualified submission OF
the officers Of another road or TWO 10 the
same dictation. Does the guilt or inno-
cence Of the defendants OF the charge Of
conspiracy under this statute depend
on the proof there may be Of their cue.
cess in drawing TO the support OF their
design those who may be called capt.
talists. or does It depend on the charac-
ter Of the design itself and what has
been done toward its accomplishment
By themselves and by those in volun-
tary cooperation with them, from what
ever employment or walk In life?
l have not failed, thinE, TO apprect-
ate the just force OF the argument to the
contrary OF my opinion-it has some
times entangled me in.Idoubt-but my
conclusion Is clear, that, under the act
OF 1890, the court has Jurisdiction OF the
case presented in the application and
that the injunction granted was not
without authority OF law, nor for any
reason invalid.
This brings me TO the question OF
fact. Did the differences violate the
injunction?
Their conduct only Is In question, and
their admissions are quoted because
they confirm the inference deducible
from other evidence that no essential
voluntary modification OF their course
Of action either followed or was caused
by the Injunction. Their original in
tention it is true. was only to prevent
the use OF Pullman cara, but finding,
as they did Immediately, that that aim
would be thwarted by the discharge
from service OF men who refused to han
die those cars, they began as early as
June 81, the day after the boycott was
proclaimed, to Issue orders to strike,
and from that time TO the end, to the
extent of their ability, they conducted
ana controlled the strike with persls'
tancy OF purpose, and with unVarging
methods OF action.
With all tlrat is said about guarding
property, keeping the peace, and being
the first to arrest offenders, not one was
arrested, aud no effort was made by
strikers or members OF the Railway
Union to preserve the peace or TO pro-
tect property. On the contrary, many
Of them were leaders in scenes OF vio-
lence and disorder. II this strike, like
others, was understood to be war, not
necessarily OF blood and bullets, but
conflict between contendlng interests
or classes OF interests, in which strategy
had to be employed to keep the men IN
line, it was moro than peaceable strike
or nero cessation from work. Had it
been only that, the injunction, instead
OF being hindrance, would have been
in their hands the very weapon they
needed to enable them to suppress the
violence and disorder, IN which alone
they saw possible danger OF the success
OF their cause.
HIGHT To STRIKE.
Il is shown by the testimony Of two
OF more witnesses that, on the night of
June 90, Debs and Howard and Kelliher
attended meeting OF the local union
at Blue Island, suburb Of Chicago, on
the line OF the Rock Island & Pacific
railroad; that he and Howard each ad-
dressed the men; that on the next day
was inaugurated "a condition Of tur-
bulence," which witness declared he
did not believe could exist" and not
withstanding the efforts OF the United
States marshals, by reading the injuEc.
ton and otherwise, to queU tho dis
turbances, nothing was accomplished
till July 5, when the federal soldiers ar.
rived. These things directly followed,
and, in large measure, think, it is no;
N..I - N nn r n
and probable result Of the speeches
made by Debs and Howard at the meet
ing on the night OF the 29th at Blue Is
land. Suggestions calculated to incite
TO acts OF violence or intimidation were
contained in many OF the kilograms
which were sent out over the name OF
Debs, and for which, notwithstanding
the ayerment OF their answers to the
contrary, it is no longer possible for
anv OF tho defendants TO deny some
measure Of responsibility.
The right OF men to strike peaceably,
and the right to advise peaceable
strike, which the law does not presume
! to be impossible, is not questioned.
| But il men enter into a conspiracy 10
do any unlawful thing, and in order to
accomplish their purpose, advise work
ingmen TO go upon strike, knowing
that violence and wrong will be the
probable outcome. neither in law nor
in morals eau they escape RESPONSE
bility.
The original conspiracy against the
use OF Pullman cars became conspira-
cy against transportation and travel by
railroad. Upon their own authority,
without consulting the local unions, the
defendants converted the boycott into
strike, and, with the aid OF followers,
come OF whom stopped at TO means,
betwe n the drawing OF q coupling pin
and the undermining OF n bridge,
whereby men should be hurled to death,
they pushed the strike to the condi-
tons which prevailed when tho inter-
vention OF the court was asked. and
which in the end compelled the en-
plovment OF military force to re-estab-
iish peace and start again the activities
Of commerce.
Much has been said, but without proof,
OF the wrongs OF the workmen at Pull
man, Of an alliance between the Pullman
Company and the railway managers to
depress wages, and generally OF cor.
porato oppression and arrogance. But
II is evident that these things, whatever
the facts might have been proved or
imagined to be, could furnish neither
justification nor palliation for giving up
n CITY 10 disorder and for paralyring the
industries and commerce oil the Coun-
try.
The court therefore finds the defend.
nnls guilty of contempt as charged. in