The record-union., 1894-10-25
Application Made for a Change Of
Venue From Judge Gibbons.
CLAIM THAT He COULD NOT GIVE AN
IMPARTIAL HEARING.
Fight in Progress Be-
tween Shareholders of the Atchi-
son, Topeka and Santa Fe System
for Possession of the Property-The
Question to Be Decided at a Meet
ing To-day.
Special to the RECoRD-UNIoN.

Special to the RECoRD-UNIoN.
CHICAGO, Oct. 24.-The Pullman Com
pany has applied for change of venue
from Judge Gibbons in the quo warranto
case brought by Attorney General Ma
loney. The ground alleged for the change
was prejudice on the part of the court.
Defendants stated that Judge Gibbons
had written book on the ownership of
land by corporations, and his views as
set forth therein would make an Impair
tial hearing impossible. The application
for change was resisted by Attorney
General Maloney. Long arguments fol-
lowed.
In the course of an argument Maloney
said the men who signed the affidavit
committed both moral and legal perjury.
Judge Gibbons affirmed that it was evil
dent, on reading the affidavit. that the
father of it had not read his work, as not
word, from cover to cover, opposed
legitimate corporations. This decision
was practically a substantiation OF Ma
loney's accusation. for af1iant needed to
have read the book before he could affirm
TO the information. The affidavit was
signed by 5. Wernheimer. Secretary OF
the defunct company.
The court announced that he would re-
serve his decision, and arguments would
be continued tomorrow.
The book written by Judge Gibbons,
which was the cause of all the argument,
was published in 1888, before he was on
the bench, and is entitled Tenure and
Toll" A number of references are made
In it in regard to Pullman, and the fol-
lowing quotation is but one on which the
Pullman Company basis its application:
no / Of tyN,1 laE h.
carnation of which mans life is essential
TO his true development and happiness
finds no association with the name of
Pullman. The people dwell in houses
not their own, and their tenure is subject
to termination at ten days notice. con-
dition embodied in the lease, the CORPORA
ton reserving the right to cancel that
lease even though the rent may have
been paid in advance for a longer period
than the time of notice stipulated. Is not
this in cOntravention with the law fixing
and maintaining the relative right OF
landlord and tenant? The rent may be
paid in the forenoon of the first day of
the month; in the afternoon a decree may
be promulgated that notice be issued to
tenants to vacate in ten days. In this
connection we must not forget that about
80 per cent. OF the laborers were in the
employ of the corporation in control of
its petty kingdom, anu all the others are
employed in establishments which are
under its influence.
such an absolute extinction of indi-
viduality, and such an utter absorption of
that individuality by a capitalstic organ
lzatlon is Without approach or parable in
the history of any other modern civilized
community. In many respects the power
of the Russian Gar pales into utter in
significance in comparison with the
power of the close corporation which
rules Pullman.
'Can it be said that power is always
rightfully exercised? Man is not perfect
though his Golfers be filled with shekels
aud he be knighted by the King of Italy.
That power is there; the only escape from
it is by emigration. Within the limits of
this ideal social and industriaD real es-
cape from all the pervading influences of
the corporation is impossible. MANY
grievances exist, many acts of Injustice
occur, but no one dare utter cry tor
help or redress. The laborers at Pullman
believe that potters'-paid eavesdrop-
pers of the company-mingle with them
To catch and report to their masters any
sign or word, expression of disapproval
or criticism of the actions of the authori-
ties.
pullman is the only community OF
10000 people in the United States that has
not a newspaper published within its
limits. The freedom of the press here
would be limited to the PRONUNCIATION and
approval of the DEGREES and dogmas of the
powers that be.
What a spectacle Ten thousand peo-
pie in utter subsection to the avaricious
cupidity and limitless power of dozen
men, organized and cooperating as one
man who owns a pseudo city exempt
from municipal burdens and responsible
ties. Not a single man of all the 900
dare express an opinion about the affairs
OF the community in which he dwells.
These conditions of existence beget a
servility little less than slavery, a de-
pendency that is moral weakness and
metal degradation. There is a cuIpable
lack or attention i'll the meager provisions
for religious instruction; the seating ca
pacity Of the halls is insufficient for the
accommodation of the people, and the
rental demanded is so high that it is with
that any denomination can pay
1t. The company, with an eye singly to
its own selfish purpose, provided shelter
and meat for the body, but maketh no
provisions for the soul. The soul cannot
forge bolt or line boiler"