New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-05
MR.. OLNEY'S REPORT.
THE YEARS WORK OF THE ATTORNEY
GENERALS OFFICE.
HOW THE PULLMAN STRIKE AND THE COMMON
VEAL ARMIES WE'RE DISPOSED or-THE
SUPREME COURT GETTING AHEAD

VEAL ARMIES WE'RE DISPOSED OF-THE
SUPREME COURT GETTING AHEAD
WITH ITS WORK
Washington, Dec. 4.--Three topcs-thc Pullman
strike, the Commonwea;ers and the Indian Ter
rtory troubles-clam particular attention In the
annual report of Attorney General Olney, submit
ted to Congress to-day. 1t is in part as follows:
Speaking of the relation of the Pullman strike
to the Department of Justice. he says 'lt was In
direct and arose only when the railroads OF the
country became involved and the passage OF the
United States mails and the movement Of Interstate
commerce were interfered with. On the 18th OF
June last the First Assistant Postmaster-General
informed the Department that there was detention
of the mails at Chicago, San Francisco. ST. Paui.
Salt Lake City. Portland. Ore. and Los Angeles,
and requested immediate action for the relief OF
the mail service and for the punishment OF all
persons engaged in It's obstruction. The following
telegram accordingly sent on that day to the
United States Attorneys at the places named
"'See that the passage OF regular trains carrying
United States malls In the usual and ordinary way'
as contemplated by act OF Congress and directed
by the Postmaster-Genera!. Ia not INSTRUCTED FRO
cure warrants other available process from the
United States courts against any and all persons
engaged in such distractions. and direct marshai
to execute the same by such number OF deputies
or such posse may be necessary
loss OF the very necessaries Of life being threat.
ened. the most vigorous use OF legal weapons at
the command OF the Government was. the report
says justified
Chicago were directed TO at once begin proceedlngs
in equity In the United States Court against Debs
es ia the sn STRIKE and to
procure n1unctions against the defendants re-
carrying the United States mails or engaged In
Interstate commerce. The jurisdiction of the
plain as well on general principles and under the
lInquestioned power OF court OF equity to deal
the interstate Rsu commerce act Of July p 1880 en-
titled An act to protect trade and commerce
against unlaw restraints and monopolies. The
result justified the policy adopted"
He follows the strike In It's several phases the
presence Of troops to enforce the order of the
THE strike at Chicago, so far as 1t involved the
alyss OF interstate commerce was practically
broken when the United States troops reached the
broken ne everywhere else 1t was at once realized
that It necessarily antagonized the laws of the
power behind II stronger than the whole power
OF tho Federal Government
THE TREATMENT OF THE "COMMoNWEAL"
ARMIES
1T Is not usually considered fortunate for
property be in the hands OF receivers but that
fact made 1t easier for the United States Govern
ineni to deal with the 'Commonwea Of Christ
This Department became involved because the rail-
road properties received were in the hands Of re-
celvers appointed by the Federal courts and because
the courts at once issued DEGREES for the protection
OF the receivers and their property. and directed
the marshals to execute them. In very many IN
stances the marshals found themselves unable to
ecue such orders by any force OF special depu-
posse at their command"
However obvious the existence Of the causes for
|, such inability he says in was 1t taken
for granted that marshal would not be able 70
execute the processes of the courts. He was held
bound to his best efforts to execute them. and.
II they were abortive. was required 10 prove the
fact 10 the Department. not only BY his own repre-
the concurrIng testimony OF the dis.rict-attorncy
and Of the judge issuing the wit. Upon sacn ssiy
attention Of the President, with the request that
the orders and processes OF the court might be en-
The request WAS invariably acceded to. the troops
being used In each case not as posse somnat Jus
Dependent a instrumentality acting under the i'm
mediate directions OF the President. through the
AR Fe OF rGaSe tn %se W
spread lawessness checked In its Initial stage;
large numbers Of Observation-Disclosures not much
from vicious intent as from actual ana nd threat
quenccs 81 serious crimes and escaped with only
Moderate penalties.
JUSTICE IN THE INDIAN TERRITORY.
The "uneficient administration of Justice In the
Indian Territory was called to the attention OF
Congress last year by the Attorney-GeneraI ana
only a few weeks ago what he terms rampant
lawlessness' broke out again in the absence OF any
remedial legislation the subject. As presenting
the necessities for action better than ne can ne
quotes from the report OF the Grana e
causes for the lawiessness viz; l) An utter ao-
scnce NJ a propcr understanding OF the situation In
the Indian Territory 10 part OF the congress
slOna committees having appropriations Tor service
In charge by the Treasury and Law departments OF
the Government and by the public generally; C
failure Of the law to provide adequate pay ior the
service. -. q,
deputy marshal in search OF criminal travels travels
. ,xhf To he II
by rail that distance at cents mile going anu
coming. he is out OF pocket 81 S.. -,.,.
The AtorneyGenoral renews his his recommena ,ho
lions made to Congress In April 1871 70 se,.ie we
accounts of the Union Pacific Railroad With me
Government and declares the scheme set forth
Uhe Hoadley scheme) was devised Win nuot
care after great deliberaton. and after repeated
conferences with the representatives OF stocknoiu-
ers and creditors. and probably would nave pee"
in working order now had Congress theh acted
THE CLAIM AGAINST THE STANFORD Es
TATE.
or the United States claims against the Leland
Stanford estate he says In part: The claim IN
wolves complicated and strenuously contested ques
lions both OF law and OF facts OF the merits OF
which II IL impossible to form any aoso'u'e'y re-
liable Judgment In advance OF n thorough Judic'ai
Investigation 1t plainly the duty OF TINS De
partment however TO see that ,he r sai by the
decease OF Stanford and the ADMINISTRATION OF MS
estate In the state Probate Court ,. -, ,s
The business methods and arduous lapors OF me
members OF the United States Supreme court come
in FOR n compliment. the Attorney ,uehe~i
that To- at the close OF It's term for the year So the
Cn,,r, had 800 cases Its docket. OK which liz
we're cases previously docketed. while 6z3 nad
dketed at that At t hand S0S se OF
n ~, ire docket numbered l2l4 OF which s54 were
cases previously docketed. while only 20 Were
ser cause arrests this progress the Supreme court
in the course OF few years VIII De ao'e " , us
~ noso ~ its docket in session or Two or three
Months while the Justices will be able to devote
II enable amount OF time to the Circuit courts
re Hnonas and thus materially add to the efi-
ffunO N