Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1894-08-02
MR.. .DEBS ON TRIAL
Most Important Legal Battle
in the Nations History.
TO BE sTRENUoUsLY FOUGHT

If 1t is Decided Against Them, an Ap-
peal viii be Taken to the Supreme
Court-Congress Will be Applied to il
1t Should be Necessary.
Chicago, July 24.-What is considered
by labor leaders as one OF the most I'M
portant legal battles in the nations his
tory was begun in the United States
Circuit Court to-day, when President
Debs, President Howard, Secretary
Keliher and Director Rogers OF the
American Railway Union by their at
torneys, w. w. Erwin, S. S. Gregory
and C. S. Darrow, filed an answer to the
contempt rule. The defense proposes to
carry the case to the Supreme Court IN
the event of an adverse decision here,
and if defeated to appeal to Congress.
1t will be contended that what the court
has done amounts to a usurpation OF
power. The defense will follow closely
the lines OF the report OF the Boatner
committee in Congress, which lnvestl-
gated Judge jenkins. Ii the Supreme
Court declares the injunction and con-
tempt method good law, Congress will
be asked, the local labor leaders say, to
amend the statutes and to curb the power
of the courts, and every candidate Tor
Congress will be asked to pledge him
self for such reform.
Defendants deny 1t was the purpose OF
the American Railway Union or them
selves to vest the management OF the
union with power to order strikes, as
alleged in the information, and say the
strikes were declared or discontinued by
vote of majority OF the members in
the service affected. They deny they
ordered strike on the Illinois Central,
and declare the employees struck Ol their
own accord, but not for the purpose of
hindering the transportation OF the mails
or interstate commerce. They deny that
after the issuance of the injunction the
organization of the unions was continued
otherwise than by generally advising
railway men to become members. They
deny that any kilograms set forth in the
information, except one counseling the
men to stand firm, were sent by them.
They deny they advised, approved or
participated in acts of violence. The
defendants allege that after the injunc-
tion was served upon them they acted
upon the advice of counsel.
A great crowd of spectators thronged
the corridors of the Federal building,
and struggled for places in the court
room when the hearing began. United
States Judges Wood and Grosscup occu-
pied the bench, and Immediately after
taking their seats ordered the courtroom
cleared of the crowd which stood in the
aisles. Mrs. Debs, Mrs. Keliher and
Mrs. Rogers were in court early, and
greeted the four prisoners when they
were brought in. The prosecution was
represented by District Attorney Mil
christ, Special Counsel Edwin Walker
and Assistant District Attorney Band
while the Atchison and Topeka railroad
was represented by ex- Corporation Coun-
sci John Miller and f. A. Bancroft. At
torney Gregory opened the main case
with the suggestion that the hearing OF
Debs and the Others be postponed until
after the trial under the indictments
pending against them, but the sugges-
tion was not sustained by the court.
After the reading OF the information
against the prisoners by the District At
torney and the hearing of the answer by
the defendants lawyer, Attorney Erwin
moved formally that the defendants be
dismissed. He also asked that the gov
ernment elect whether it would try the
prisoners on the original indictments or
the injunction. Judge Woods replied
the government would elect by going on
now, and Attorney Gregory began his
argument in support of the motion to
dismiss the bill. He said the injunction
restrained the defendants from prevent
ing the employees by threats, intimida-
ton, force, violence or persuasion from
performing their duties, and inducing
them by threats, violence, force or in
timidation to leave the service of the
roads. In the injunction order the word
persuasion was stricken out. This
called out statement by Judge Woods,
who said the court had refused to enioin
men from inducing other men to leave
their work. The question is now in the
Court OF Appeals in the Northern Pacific
case, and the court had no desire to
interfere with it. Gregory said the in
junction did not enjoin the leaders of the
union from inducing the men to Quit
work, whereupon Judge Woods said:
The injunction was general order
not to interfere with the operation of
the roads. Whether advising was an
interference is question to be decided. {"