The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-23
FILE THEIR ANSWER.
Indicted AR. Z. Officers Answer
Charges Against Them.
Deny by Their Attorneys They
We're Guilty of Contempt.
POLICY OF DEFENSE.
Will Question Power of Court
to Issue Such IDjunctiOns.
Labor Organizations Will De-
fray Expenses Of the Trial.
The Contest to Be Carried On to
the Bitter End"

CHICAGO, July 23.-What is considered
by labor leaders and their counsel to be
one of the most important legal battles
In the nations history, was begun in the
United States circuit court today, when
President Debs, Vice President Howard,
Secretary Keleher and Director Rogers,
of the American. Railway union,
by their attorneys, W. w. Erwin,
s S. Gregory and c. S. Darrow,
fled their answers to the contempt rule
issued by the court against them last
week and came themselves in court to
make a return to the writ The defense
propose to carry the case to the supreme
court of the United States in the event of
an adverse decision here and if defeated
there to appeal through congress to the
people.
The policy of the defense will be to
question the right and power of the
court TO issue injunctions like that OBJ
tanned by the railway companies against
Debs and his associates and then i'm
prison those enioined, if the Injunction
be violated 1t will be contended that
what the court has done amounts to
usurpatiOn of power not given to the
federal judiciary either constitution or
law.
The de genio will follow closely the
lines of the report of the BOatner com
mittee Of congress which investigated
the Injunction and contempt proceedings
by Judge jenkins.
Labor organizations throughout the
country will contribute money to defray
the expenses Of this legal struggle.
The American Federation of Labor has
given $1,000 Other associations are
10 follow. and she contest will be carried
to the bitter end. If the supreme court
declares the Injunction and contempt
method to be good law, congress will be
cd la le4ad R.4V I'm a
statutes and curb the power OF the courts
and every candidate for congress will be
asked to pledge himself for such reform.
The Debs answer filed today is as fol-
lows:
In the circuit court of the United
States Northern district of Illinois,
United States of America, complainant
VS.. Eugene V. Debs, George W. Howard,
L. W. Rogers, Sylvester Keleher, ct al,
defendants.
The Issuance OF the injunction by the
United States court is admitted and
after a recital of the aims and purposes
of the A. r L., the petition goes on to
say:
They deny that it was at any time the
purpose and object of said American
tors thereof, or Of these defendants or
either or any of them, to con-
centrate the power and jurisdic-
ton Of said American Railway
union under one official manage
ment and direction with power to order
strikes or a discOntinuance of the ser
vice of such employees at any time the
board of directors or the American Rail
way Union should elect to, as al
legged in said Information or otherwise,
and they alIege that by the organization
of the said American Railway Union,
strikes could only be declared or discon-
tinued by the vote of a majority of the
members of such American Railway
Union employees in the service affected
by any such strike, and that the only
powef, authority or Office of the said Of
ticers or directors of said American Rail
way Union or of these defendants or
either of them in respect to said matter
was to notify the members of said Amer
lean Railway Union in the service con-
cerned in such strike of the action taken
by such majority
Done ny Vote of the Unfona.
They deny that the Goth or 9th day
Of June last past, or at any other time the
American Railway union or its board of
directors or other officers. or these de-
PENDANTS or either of them, had directed
and ordered the members of said Ameri-
can Railway union engaged in the ser
vice of the Illinois entral railroad com
pany to leave the service of said com
pany as alleged in said information, or
otherwise, and that at any time any or
ders were issued to the employees of the
railroads mentioned in the complaint. or
any Of them, TO leave the service of such
companies, but they allege that on the
above time, the majority of the said
American Railway union, employed on
said Illinois Central and upon said other
companies referred TO in said infOrma-
ton did for themselves, without
any order, direction or control Of
the said American Railway union.
CT Of its officers, directors,
or Of these defendants or either of them,
voluntarily determine by their votes
that they would strike or leave the ser
vice of said railway companies, and that
in pursuance of such votes said employees
did on or about said time leave the ser
vice Of said railway companies freely and
Voluntarily of their own accord, without
any order, direction or control the
part of said American Railway union, its
officers or directors, or of these defend
ants or any of them.
Upon this information and belief the
defendants deny that said employees SO
leaving the service of said railway com
panies as aforesaid did so for the purpose
Of hindering, preventing and delaying
said railroad companies in the operation
of trains engaged IN the transportation
of the United States mails and inter-