Morris tribune., 1894-12-19
JAIL FOR DEBS.
He and Seven Companions Found
Guilty of Contempt.
Decision of Judge Woods in the Railway
Strike Cases-HistOry of the Case
and Summary of the Judges
Decision.

CHICAGO, Dec 15.-Judge Woods Fri
day sentenced Eugene V. Debs, the
leader of the American Railway union
strike, to six months in the county
Jail, as punishment for vlolat-
ing the injunction issued by
himself and Judge Grosscup July
last. TO the rest of the men with
the exception of McVean he gave three
months. In the case of McVean his
sentence is suspended Sentence ic not
cumula tive, covering the cases Of
the government and the Santa Fe rail-
road against the men. The same SEN
tence is imposed in each case, but both
sentences begin Deem Der "a. The de-
PENDANTS are: E. V. Debs, president; G.
w. Howard, vice president; Sylvester
Kelliher, secretary; l.. W. Rogers, NJ.
J. Elliott James Hogan, William
Burns, j. d. McVean, Leroy M. Good
win. The sentence is generally con-
sidered light one. The case will be
appealed.
History OF Case.
All of the defendants were in court
with the exception of Leroy M. Good
win, whose whereabouts are not
known, and who could not there
fore be notified. The contempt
Tor which the defendants were
arraigned was violation Of
an injunction issued July by
Judges Woods and Grosscup, which
forbade all men to interfere with
trains in any manner whatsoever. 1t
was claimed by the United States dis
trict attorney that Debs and the 9TH
err officers and directors of the
American Railway union repeat
eddy violated this order of the court
by issuing directions to their lieuten-
ants all over the country to call out
the men and advising the crippling OF
the complete railroad system of the
United States If possible. The defense
made was that DebS and his assistants
had right to order strikes and to con-
tinue to conduct their side of the fight
against the railroads Judges Woods
and Grosscup were both on the bench.
Synopsis OF Judge Woods Decision.
The judge skipped the preliminary discussion
of the evidence and proceeded to 20 ut once to
the heart OF the matter. The Question OF
whether or not the court had jurisdiction
was first discussed, and this question,
after citing nunt rouS authorities, the judge
decided i'll the affirmative. Then the diff r
ence between nuisance and u perpestuer.
which latter is particular form of public null
6ance, was taken up. tie defended the issu nee
of the INJUNCTION on the ground that eminent
authorities had decided that the courts had IL.
right to intervene where lrreparable damage
might result before the hardness of the law
could remedy matters. Judge Woods refused
hot 4 i1lr 6iot
interstate CONNER G act and took up the SLer
man ANTITRUST Jaw, under which the action
against LebS was chiefly based. One OF the
sections or this llW makes it an ofense TO re-
strain commerce in any way. The Judge de-
cided that Uniled States courts had full
jurisdiction uLGer this act to punish all such
Offenders the directors OF the American
Railway union, making u new precedent
thereby.
Violated the Injunction
What the conduct of these men was, is the
question to b. decided here" said tic court
Did they change their conIL CT after receiving
this injunction, or Gid they continue to carry
the strike? [ think there is no doubt
these defendants had power to make the men
who loohed up to them do they pleased
and that they continued t. violate this injunc-
ton. believe the defendants deprecated any
extreme violence, but l DO not think
they opposed such acts as stopping
trains, throwing switches or intin!iddt-
ing Worhmen. These men knew that
common ILLorerS would Go these things
1 am unable 10 LeIieyc they were so ignorant
as not TO know acts OF violence and Interrupt
ton Of tra1nc would enSue IRON their direc-
tionS."
Right to Strike Unquestioned.
The opinion went On to say that the right to
strike eot eably was not quest. oned, but tn
If an agreement VS. catered into to do q thing
which ould not but result in wrong and lille
fral M & a w nd
those party to the original agreement were
responsible Tor the results.
The American hallway union. it was stated
entered into Il conspiracy on June 20 when it
agreed to boycott the Pull nan cars. both
officers and men we're from that date response
BILE Tor all acts which were Committed
Debs Not Sincere.
Debs' utterances not to commit violence
were doubted by the court. He did not believe
they we're sincere. With Ill that has been
said about the American Railway union
keeping guard over property and being
the first TO arrest offenders, not
one has been arrested continued
the court. The court then reviewed the mass
OF kilograms in which Lebs ordered men out,
and declared these were utterly at variance
with the Htateu ent made in DeEs' answer
that he took part in continuing the strike
After thus Concluding that there doubt
that the men as Individuals were guilty, Judge
Woods said:
Guilty OF Conspiracy.
But the Toint under the Sherman law is
whether these men we're in conspiracy. Ii
they eIe, lie. it We there is no way by which |
they can pc the moral and legal
responsibility lor their acts" Ee then |
gave it his opinion that they |
were and that Therefore all the men |
allied with them were also guilty. The |
evidence lett no e; tITe OF the case in Goubt |
Then be said: the court therefore finds the |
defendants guilty OF the offenseS as charged in !
the indie tmCnts in 10th cases. and viii fix the |
punishment the same in both caseL, but Will |
not make IL c Lmul~ tive"
Passes Sentence.
All of the defendants present then
stood up, SO the court could see them
They did not appear to be agita ted,
and several smiled from time to time.
Il think l will suspend any sentence with
regard to Mr.. hlcVean. l am Of the opin-
ion that MIR. Elliott was actively engaged |
in this STRIFE Punishment should not be
vindictiye G; neither should it be trivial The
object Of punishment for contempt of court is
to prevent future contempt My conclusion is
chat the injun on was right. Mr.. Lebs is