The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-24
A MOTION TO DISMISS
FURTHER PROCEEDINGs IN THE
DBBS CONTEMPT CASE.
An Insufficlency Of Evidence Is the Ground
on Which the Motion IL Bassd-The
Def,ndants Answer.

DelOIe JuuSeS WOOls ana GrOsScup IN the
| United States Court this morning to dis
miss the charges OF contempt Of court
against President Debs, Vice President
Howard, Secretary Kelher. and Director
Rogers, Of the American Railway Union.
| The case was argued at great length, but
was not finished. The first move in the
case was made by Attorney Gregory, for
the defence. who asked that his clients
be released on account OF an insufIiclency
| Of evidence.
THE INFORMATION AND ANSWER.
The judges called for the reading Of the
Information and the answer thereto. The
reading of these documents were long and
tedious. The informant ton charged that
Debs and his associates continued inter
ferng with the employees of railroads and
ordering strikes after ne had been en-
joined from so doing and read long tele-
grams pfrporting to be signed by T.. V.
Debs ordering out and encouraging strikes
at date subsequent TO the serving OF
the Injunction.
The defendants entered a fiat denial and
dlsclaimed all knowledge Of the telegrams
produced They ayerred that they had
no power to order strike, and could
only advise
Upon these statements the argument
was based.
ANSWER OF IHE DEFENDANTS.
Following is the answer filed to-day by
the attorneys for the officers or the
American Railway Union in the contempt
proceedings in the United States Court
growing out of the alleged VOCATION or
the Federal Injunction against interfer-
ence with the mails and Interstate com
merce:
They admit that on the "a day Of July,
1894. the United States 0f America caused
to be filed Ia the office of the clerk OF said
court for said district certain complaint
or bill I'm equity, and that u writ or m
junction was issued by said court upon
said BIZ.
They admit that the American Railway
Union is a voluntary association ol
which many thousand employees were AT
the time of filing Of said bill, ana are
still, members, tnat the defendant, Eu-
gene '. Debs, Is president OF SAID asSO-
citation and George ". Howard, wee
president; Sylvester Keliher secretary
treasurer and l.. W. Rogers one Of the
directors, and that all Of said defend
ants were and are directors OF sdld
American Railway Union. They alleee
that the purpose OF said American kall-
way Union and the purpose ana intent
Of the organization and the maintenance
thereof was the protection Of all IT'S mem
bcrs in their rights and interests as me
employees Of the various systems OF the
United states. and 20 procure by all law
ful ana legitimate means reasonable ana
adequate compensation for all its SAID
members for the service performed by
them; that membership in said American
Railway Union was open 10 every EN-
ploye of good personal character and
reputation engaged upon the railway sys-
TENS of the United states, and that 10
better secure and eiiectuate the purposes
and objects Of said American Railway
Union as herelnbefore set forth. il was
the desire and one OF the purposes oi
the said American Railway Union 10 pro
cure all such persons to become members
Of such organization.
POWER OF THE OFFICIALS.
They deny that II was at any time
the purpose and object OF said American
Railway Union or OK tle officers or dlrec-
tOls thereof, OF these deIeuGants, on
either or any Of them, 10 concentrate
the power and jurisdiction OF said AmerI-
can Railway Union under one Oihcial
management and direction, with power
TO order strikes or discontinuance OF
the service of such employees at any tllne
the board OF directors of the American
Railway Union should elect TO DO as al
legged I'm said information or Otherwise,
and they allese that. by the Or8dnlzd-
ton of the said American Railway Union,
strikes could be- declared or discontinued
by the vote of the majority or the MEM
bcrs of such American Railway Union
employees in the service affected by any
such strike. ana that the only power
authority or oihce OF the SAID oiIcers
or directors OF said American Railway
Union. or Of these defendants, or either
Of them. iu respect 10 said matter was
10 notify the members Of said American
Railway Union in the service concerned
in such strike action taken by such ma
Thcy deny that on the 26th or 9th Of
June last, or at any Otler time. the
American Railway Union. or us board or
directors or other officers. or these de-
PENDANTS. or either Of them, had directed
and ordered the members Of said Amerl-
can Railway Union engaged IN the SER
vice Of the Illinois CentraN iGllrodd Com
pany TO leave the service OF said COM
pany or alleged In said Information or
otherwise, or that At any time any or
ders were issued % the employees Of the
railroads mentioned in the complaint. or
any OF them 70 leave the services of
such company. but they allege that on or
about said time a majority Of the men,
bers OF said American Railway Union,
employed upon said Illinois Central rail-
road and upon said other companies re-
ferred To IN said information, did for
themselves. without any order, direction
or control Of the said American Railway
Union. or Of its officers or directors, or Of
these defendants, or either Of them. vol
unfairly determine by their votes that
they would strike, Or leave the service
OF said railway companies, and that, In
pursuance Of said vote, said employees did
on or about said time, leave the service
of said railway company. freely and vol
unfairly. OF their own accord. without any
order direction or control on the part or
said American Railway Union, its officers.
or directors or OF these defendants. or OF
any OF them. Upon information and be
lief the defendants deny that said en-
pioyes so leaving the service II said rail-
way companies as aforesaid. did 50 for
the purpose Of hindering. preventing and
delaying said railway companies In the
operation Of trains engaged In the trans
p0rtaton OF the United States mails and
Interstate commerce over the respective
roads Of said companies.
FURTHER DEYIALs.
They admit the organization Of local
unions upon the railroads In the north
west and east from Chicago. after the
service Of the injunction, but deny that
after the service Of the injunction. they,
or either OF them. carried on the work of
organization other than by generally adj
visng railroad employees 70 become mem
bers Of such union. They deny that the
officers Of the union had the authority 70
order strikes upon said roads, or that
the employees were subject 10 their au-
thO-itv The defendants deny that any
one Of the kilograms set forth In said in
formation was sent or caused 10 be sent
by them or any Of them. or that they
authorized or approved the same, or any
one thereof. except "A certain telegram,
dated July 6, 1894, in the words ana nBures
I'VE have assurance that within for
ty-eight hours every labor organization
i'm this country will come 10 our rescue.
The fight IS on and our men are acqut-
ting Themselves like heroes Here and
there one weakens, but our cause is
strengthened by a dozen going out I'm his
place. Every true man must quit
They DENY that any member OF the
American Railway Union participated In
the acts OF violence referred to- and that
violence and unlawful conduct neceSsa-
rily follow strikes but on the contrary,
allege that the strike and all strikes as
far as the American Railway Union is
concerned contemplate nothing more than