The Washington times., 1894-07-25
DEBS' REPLY INSUFFICIENT
Not a Good Answer in the Proceed
ings for Contempt.
SO DECLARED BY THE COURT
Officers of the Railway Union Are In
dicted Under the Antitrust Law-case
May Go to Master to Take Testimony.

CHICAGO, July 24.-Debs and other officers
OF the American Railway Union met with a
decided reverse to-day in their fight against
the prosecution for contempt in the United
States court. The court decided that the
answer filed by the defendants is not a suffi-
cient reply to the charge OF contempt and the
motion of their attorneys that they be dis
charged was overruled. Tomorrow morning
the court will hear the evidence OF the gov
ernment to sustain the contempt charge and
the defendants will be given the opportunity
to produce evidence.
The argument in the case was ficished
shortly before o'clock this afternoon and
the decision Of the court was announced by
Judge Woods after he had conferred for a
few minutes with his colleague, Judge Gross
cup In substance Judge Woods said:
THE main point alleged is that n contempt
case like this is a criminal proceeding, and
the motion is to discharge the respondents on
the ground that their answer denying the
contempt is conclusive. 1t is true that pro-
cedure like this is criminal technically. but
not essentially. 1t is an incident in the main
case in equity under the bill filed by the gov
ernment. No case has been cited here in
which the Federal courts have sustained the
proposition put forward by the attorneys for
the respondents. II anything should happen
to change our minds during the further course
OF the case the defendants will have the benefit
OF the change. AS it is now. we are certain
to rule that the answer is not complete. As
the case is 10 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 any extended opinion"
SEND THE CASE TO MASTER.
Judge Woods then asked the attorneys in
the case to state how long it would require to
hear the evidence on the charge Of contempt.
As he did not wish to remain In the city, he
suggested that the matter be referred to a
master in chancery TO take testimony. The
suggestion met with the favor of the counsel
for the defense, but the lawyers for the gov
ernment opposed it. Mr.. Michrist said the
evidence for the government could be all
presented in a day at the most. while Mr..
Gregory suggested that the case be given to q
master with orders to report in thirty days.
The court finally decided to go on with the
case tomorrow morning, with the under
standing that il it did not make rapid prog
ress it might be sent to a master at any
time.
During the discussion Edwin Walker.
special counsel for the government, made the
suggestion that it was within the power of
the defendants to end the trouble by declar-
ing the strike off. They are still in contempt
he said, and the government is in possession
OF information that the injunction is still
being violated.
Judge Woods said that if there are further
violations Of the Injunction supplemental
information can be filed and the guilty parties
will find themselves in a much worse position
than they would otherwise 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.
At the beginning Of the afternoon ses-
sion Mr. Bancroft continued his argument.
He said the answer of the defend
ants 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 defendants were acting in good faith they
would in their answer tell who had used the
name of Debs without authority. 1t was also
their duty to see that the use OF his name in
that way was stopped.
Attorney John F. Geeting. for the defense,
concluded the argument against the punish
ment of men without trial by jury. 1t was
the constitutional right of the defendants, he
SAID, TO ADVISE men 10 quit WOrk.
At the conclusion of Mr.. G eeting's re-
marks, Judge Wood gave the decision refus-
ing to discharge the defendants.
CITING THE ANTITRUST LAW.
During the proceeding to-day District At
torney MIlchr;st called the attention of the
court to the act of 1890, known as the anti
trust law. He read some of its provisions,
stating that if two or more persons conspire
to obstruct interstate commerce they should
be deemed guilty of an ofrense against the
government, and should be proceeded against
in the United States Circuit Court in equity.
The district attorney said that under the law
the argument of the defense, that the bill un-
der which the injunction was issued is void,
falls to the ground. The bill was filed under
the act of 1880. There is no doubt, Mr.. Mil
christ said, that the government has such q
pecuniary interest In interstate commerce
that it has right to file such bill. The
government maintains itself in part by the
revenue derived from the postal service.
The greater part OF the day's session was
taken up with the argument of Attorney Ed
win for the defense. Mr.. Edwin was fire.
quently interrupted by Judge Woods. who
questioned tine attorney closely. Judge
Woods was particularly inquisitive In regard
to the advisory character of the American
Railway Union officers duties.
"If the officers could not order strike, but
could advise the organizations members, "
asked the judge, why could not the former
advice the men to desist after the strike was
in force?'
Attorney Edwin replie1 that the govern
ment's complaint contained nothing regard
ing advice, tut simply charged the defend
ants with ordering strikes.
III the government meant advice instead Of
'order,'" said the attorney, "it should have
said so. Our answer fully covers the case as
stated by the prosecution"
Suing Their Defaulting Treasurer.
CHICAGO, July 24.-The troubles OF the
c,,;tob,nan.e NIutuaI A;d &,.oo;ot;on found