The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-07-25
Attorneys for the Prosecution at Chi
cago Tear to Pieces the Quib-
bling Answer of the A. K. u.
THE NEW A. L. U. is STARTED
Complete Set of Officers Elected
at Chicago Yesterday.
1t Is to Take the Place of the h. of L..
and Will Include All Working
men Not in the A. Il. U.

CHICAGO. July 24.-Debs and the other
officers of the American Railway Union
met with a decided reverse to-day In their
fight against the prosecution for contempt
I'm the United States Court. The court de-
cided that the answer filed by the defend
ants is not a sufficient reply to the charge
Of contempt, and the motion OF their at
torneys that they be discharged was over
ruled. Tomorrow morning the court will
hear the evidence of the government to
sustain the contempt charge. and the de-
PENDANTS will he given the opportunity to
produce evidence in their defense. The
argument in the case was finished shortly
before O'clock this afternoon. and the de-
cision Of the court was announced by Judge
Woods after he lad conferred for a few
minutes with his colleague, Judge Gross
cup. In part Judge Woods said:
The main point alleged is that a con-
tempt case like this is criminal proceed
Ing. and the motion is to discharge the
respondents the ground that their
swer denying the contempt is conclusive.
1t is true that a proceeding like this is
criminal. technically. but not essentially.
1t Is an incident In the main case IN
equity under the bill filed by the govern
ment No case has been cited here in
which the federal courts have sustained
the proposition put forward by the attor-
neys for the respondents If anything
should happen to change our minds during
the further course of the case the defend
ants will have the benefit of the change.
As IL is now we are content to rule that
the answer is not complete. AS the case
is to be further examined it is well that
all questions be kept as free as possible
from opinions from the court. and we WILL
therefore, not give an extended opinion"
Judge Woods then asked the attorneys
In the case to state how long 1t would re-
quire to hear the evidence on the charge
Of contempt AS he did not wish to re-
main in the city he suggested. that the
matter be referred to the master i'm chan
Gerry TO take testimony. The suggestion
met with the favor of the counsel for the
defense, but the lawyers for the govern
ment opposed it. Mr.. Milchrist said the
evidence for the government could be all
presented in day at the most, while Mr.
Gregory suggested that the case be given
to a master with orders to report in thirty
days. The court finally decided to go On
with the case tomorrow morning, with
the understanding that if it did not make
rapid progress IL might be sent to a mas
ter at any time. During the discussion Ed
win Walker, special counsel for the gov
eminent, made the suggestion that it was
within the power of the defendants TO end
the trouble by declaring the strike off.
They are still in contempt" he said
sand the government is in possession of in
formation that the injunction is still being
violated"
Judge Woods said that if there are further
violations of the injunction. a supplemental
information can be filed. and the guilty
parties will find themselves in a much
worse position than they otherwise would
be in. Attorney Gregory denied that it was
within the power OF his clients TO declare
the strike off, or that any trouble which
may exist on the railroads is within their
control. With that the subject was dropped.
During the proceedings in she trial of
President Debs and his associates for con-
tempt. to-day, District Attorney Milchrist
called the attention of the court to the act
of 1880 known as the antitrust law He
read some or its provisions, stating that If
two more persons conspire TO obstruct
Interstate commerce they should be deemed
guilty Of an offense against the government,
and shall be proceeded against in the United
states Circuit Court in equity. The dis
trict attorney said that by this law the
argument by the defense that the bill under
which the bill of injunction was issued was
void falls 10 the ground. The bill was filed
under the act of 1890. There is no doubt.
Mr. Milchrist said that the government has
such pecuniary interest in Interstate COM
merce that Ii has right to file such a
part. by the revenue derived from the pos
tai service.
The greater part of the days session was
taken up with the argument of attorney
Erwin for the defense Mr.. Erwin was
frequently interrupted by Judge Woods
who questioned the attorney closely. Judge
Woods was particularly inquistive in
gard to the advisory character of the Amer
lean Railway Union officers duties.
If the officers could not order a strike,
but could advise the organizations men,
bers." said the Judge. why could they
not advise the men TO deSiSt after the
strike was In force%'
Attorney Erwin replied that the govern
ments complaint contained nothing regard
ants with ordering strikes. If the gov
eminent meant advice instead of order,
said the attorney, lit should have said so.
Our answer fully covers the case as stated
by the prosecution.
Attorney Bancroft counsel for the Santa
Fe railroad, followed Mr.. Erwin He at
tackled the answer OF the defendants, claim
ing that il was insufficient. His argument
was exhaustive. paying particular atten-
ton to definitions of the various kinds of
contempt, both in law and in equity. At
the beginning OF the afternoon session Mr.
Bancroft continued his argument He de-
MED the statement of lawyers for the de-
tense that Il is rule in chancery that
man accused of contempt can purge him
self OF the charge by sworn answer. He
said the answer or the defendants does not
deny that the kilograms bearing the name
OF DebS were sent and the answer did not
allege that they were forgeries. If the de-
PENDANTS were acting in good faith they
would in their answer tell who had used
The name OF Debs without authority. 1t
also their duty TO see that the use
of his name In that way was stopped. At
the argument against the punishment OF
men without trial by jury. IL was the con-
stitutiOnal right OF the defendants, he said
To advise men TO quit work At the con-
~ Fs-arr ana IL 7 NrrA