The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1894-07-30
DEBS is OUT AGAIN.
lie GIVES $1,000 BOND AND ISRE-
LEASED FROM JAIL,
o'ii Ciaims That His American Railway
Union is Growing Deb's Trial is Set for
September-Judge Woods Mad.

Chicago. July pa motion was made be-
lore Judges Wood and Grosscup in the
United States court this morning to dismiss
the charges of contempt OF court against
President Debs, Vice President Howard,
Secretary kei.her and Director Rogers, OF
the American Railway Union. The
argued at great length, but not finished.
1he first move was made by Attorney
Gregory for the defense, who asks that his
clients be released on account of an in
sufliciency of evidence. The judges called fol
the reading of the information, and answer
thereto The reading of these documents
was long and tedious. The information
charged that Debs and his associates con-
unued interfering with the employees of rail
roads and ordering strikes after he had
been enjoined from doing and contained
a Ions array Of kilograms purporting to be
signed by r.. '. Debs, ordering out and en-
couraglng strikers at a date subsequent to
the serving of the injunction.
The defendants entered a fiat denial and
d1sclaim all knowledge of the kilograms pro-
duced. They averred that they had no pow
er to order strike, but could only advise.
and If their advice was accepted it was vol
unfairly done Upon these statements the
argument was based.
4 Setback for Debs.
Chicago, July 24.-Debs and other officers
Of the American Railway Union met with
decided reverse today 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 sutfi-
cient reply to the charge of contempt, and
thu motion of their attorneys that they be
discharged was overruled.
Tomorrow morning the court will hear the
evidence of the government to sustain the
contempt charges and def ndants will be
given the opportunity to produce evidence
IN their defense
The argument in the case was finished
shortly before o'clock this afternoon and
the decision Of the court was announced by
judge Woods after he had conferred few
minutes with his colleague, Judge Gross
cup. In substance, Judge Woods said:
TING main point alleged is that a con-
tempt case, like this, is a criminal pro-
ceeding and the motion is to discharge the
respondents on the ground that their an
SWer denying the contempt Is conclusive
1t is True that a procedure like this is Grim
inal technically. but not essentially. 1t is
an incident in the main case in equity
der the bin fled by the government. No
case has been cited here in which the federal
court has sustained the proposition put for
ward b. the attorneys fer the respondents.
If anything should happen 10 change our
minds during the further course of the case,
the Defendants viii have the benefit Of the
change. Us it is now, we are certain to
rule that the answer is not complete. As
IT, case is to b. further examined. 1t is
wei that FL questions be kept as free
possible from opinions from the court, and
We viii, Their fore, not give any extended
opinion"
Judge woods then asked the attorneys in
the case to state how long it would require
to u ar the evidence on the charge of con-
tempt- ~ he did not wish to remain in
the city he suggested that the matter be
referred to master in chancery to take
testimony. This SUGGESTION met with favor
OF The counsel for the defense but the law
gers for the government opposed it.
Nj hii1'hlist said the evidence for thu
government could be all presented in
day at the most, while Mr.. Gregory sug-
eested that the cas,e be given to a master
with orders TO report in thirty days The
court finally decided to go on with the case
tomorrow morning, with the understanding
that If K did not make rapid progress ii
might he sent to "A master at any time. Dur
iug the discussion Ed vim Walker special
counsel Tor The government, made the sug-
gesti0n that il was within the power Of the
def ndants 10 end the trouble by declaring
the strike off. They are still in contempt
n said, and the government is in possession
Of information that the injunction is stin
being violated.
Judge Woods said that if there are furth-
er violations of the injunction a supple
mental information can be filed and the
guilty parties will find themselves in much
worse position than they would otherwise
b in.
A+tornev Gregory denied that it
within the power of his clients to declare
the strike or, or that any trouble which
may exist on the railroads is under their
With that the subject was dropped.
Out Bond
Chicago. July 25.-Debs, Howard. Keliher
md Rogers. Of the American Railway Unloa,
are at liberty under ball. pending the
hearing Of the various cases against them.
This afternoon they Were required to give
s7ta0 bonds covering five new indictments
in addition to the contempt cases pfou3ht
nv tha government and the Santa Fe TAIL
road The herring Of the contempt cases
was continued until September 5th, ana 1t
Is the purpose of the defendants attorneys
20 force a hearing on the indictments be-
fore the contempt cases are again called
At this mornings session of the United
States circuit court the judge entered a
f,,.,,,aI ruling DENYING the defendants mo-
RON TO uuash. He held that the railway
7lfliou committed unlawful acts In inter
farine- with interstate commerce and he
proposed to find out what connection tie
defendants had with it.
Tho case was postponed on account of the
illness Of the governments attorney Ed
ward Wilkcr. The attorney for the Santa
Re railroad ATTEMPTED 10 force d nearing
Of his complaint, but the judge thought
h, ought not 10 be forced into taxing TWO
doses Of the same medicine and put off both
cases together. 49,.
While court adjourned at IL O'Clock TINS
morning. il was o'clock this afternoon De
fore the bonds were furnished.
pEBS FOR CONGRESS.