The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-24
DEBS IN COURT.
Attorneys Outline the
Defense.
TO 60 UP MUCH HldHER.
His Case Will Be Carried to
Congress.
IN THE FIGHT TO THE LAST.
Judges Wood and Grosscup Have a
Most Difficult Matter to Rule
Upon Now.
IN THE FIGHT TO THE LAS

CHICAGO, July 25.-What is considered
by the labor leaders one of the most i'm
portant legal battles in the nations his
tory was begun in the United States Cir
cult Court when President Dsbs. Vice
President Howard, Secretary Kelliher and
! Director Rogers of the A. r. u, by their
attorneys-W W. Erwin. S. S. Gregory
and G. S. DarrOw-fed an answer to-day to
the contempt rule. The defense proposes
to carry the case TO the Supreme Court
10 the event of adverse decision here,
and. if defeated, will appeal to Con-
gress 1t will be contended that what
the court has done amounts TO the
usurpaton of power. The defense
will follow closely the lines OF
| the report of the Boatner committee
of Congress. which investigated Judge
Jenkins. If the Supreme Court declares
the injunction and contempt method good
law, Congress will be asked, so the local
| leaders say. to amend the statutes and
curb the power of the courts, and every
candidate for Congress asked to pledge
himself for such reform.
Defendants deny that it was the pur-
pose of the American Railway Union or
| themselves to vest the management of the
union with power to order strikes, as al
| legged in Information, and say that strikes
are declared or discontinued by vote
of the majority of the members in the
service affected. They deny they ordered
strike on the Illinois Centaal, and declare
the employees struck of their own accord,
but not for the purpose of hlnderlng
the transportatio OF malls or insterstate
commerce. They deny that after the
issuance of the Injunction the organ
iZatlon of the unions was continued
Otherwise than By generally advis-
ing the railway men to become members.
They deny any of the kilograms set forth
in the information except one. counseling
the men to stand firm, were sent by them.
They deny that they advised, approved or
participated in acts OF violence. Defend
ants aiIpge that after the Injunction was
served upon them they acted upon the ad
vice OF counsel
A great crowd of spectators thronged
the corridors of the Federal building and
struggled for places in the courtroom when
the hearing began. United States Judges
Woods and Grosscup occupied the bench
and Immediately after taking their
seats ordered the courtroom cleared
of the crowd which stood in the
aisles Mrs. Debs, Mrs. Kellher and
Mrs. Rogers were 10 court early and
greeted the four prisoners when they were
brought in. The prosecution was repre-
scented by District Attorney Milchrist
Special Counsel Edwin Walker and As
slstant District Attorney Band, while the
Santa Fe Railroad was represented by Ex-
Corporation Counsel John Miller and E.
A. Bancroft.
Attorney Gregory opened the main case
with the suggestion that the hearing OF
Dsbs and the others be postponed until
after their trial under the indictments
pending against them. but the suggestion
was not sustained by the court.
After the reading of the information
against the prisoners by the District At
toruey and the hearing of the answer by
the defendants lawyer. Attorney Erwin
moved formally that the defendants be
dismissed. He also asked that the Gov
eminent elect whoever it would to try the
prisoners on the original indictment ON
the ujunction.
Judge Woods replied that the Govern
ment would elect by going on now, and
Attorney Gregory began bis argument in
support of the motion to dismiss the bill.
Mr. Gregory said the injunction restrained
the defendants from preventing the en-
ployes by threats, intimidation, force,
violence or persuasion from perform
ing their duties. or Inducing them
by threats, violence or intimida-
lion to leave the servica of the
roads. In the injun ctional order the
word persuasion" was stricken out This
called out statement from Judge Woods,
who said the court had refused to join
men from inducing other men to leave
their work. The question is now in the
Court of Appeals in the Northern Pacific
case and the court had no desire to inter-
fere with it. Gregory said the injunction
did not enjoin the leaders of the union
from advising men to quit work
1.-The Injunction" said Judge Woods.
was general ordsr not to interfere with
the operation of the roads Whether ad-
vising was an interference is question to
| be decided"
The attorney contended that as long as
people obey the laws they could not be
| held responsible for the lawessness of
| others. He admitted there was violence
| in the recent strike, and the men
who committed 1t were guilty of violation
of the injunction. The people who
| advised violence were also guilty. but
there was not a line in the information
that the defendants either committed or
advised any violent acts.
Judge GrosscuD said the theory of the
Government was that violence was the
natural consequence of Geographic orders
sent out by the defendants.
Mr.. Gregory was followed by Mr.
Walker for the prosecution. who attacked
the answer vigorously.
At the conclusion of MI. Walkers arsu-
ment the court adjourned until tomorrow
morning. when Attorney John S. Miller.
who represents the Santa Fe, will speak
for the prosecution.
MILWAUKEE, July 23-United States
Commissioner Bloodgood has rendered a
decision in the railway strike cases. hold.
ing G. S. McAuliffe, Frank w. Archibald.
Eugene V. Debs and seven Others for trial
Oh the charge of conspiriDg to obstruct the