The Irish standard., 1894-12-22
JAIL FOR DEBS.
He and Seven Companions Found
Guilty Of Contempt
Decision OF Judge Woods IN the Railway
Strike Cases-History OF the Case
and Summary of tho judges
Decision.

CHICAGO, Dec. 15.-Judge Woods Fri
day sentenced Eugene V. Debs, the
leader of the American Railway union
strike, to six months in the county
Jail, as punishment for violat-
ing the injunction issued by
himself and Judge Grosscup July
last. To the rest Of the men with
the exception Of McVean he gave three
mon tbs In the case of McVean his
sentence is suspended. Sentence IL not
cumulative, covering the cases of
the government and the Santa Re rail
road against the men. The same sem
tence is imposed in each case, but both
sentences begin December "a. The de-
PENDANTS are: E. " Debs, president; G.
W. Howard. vice president; Sylvester
Kelliher, secretary; l.. W. Rogers. M.
j. Elliott, James Hogan, William
Burns, j. D. McVean, Leroy M. Good
win. The sentence is generally con-
sidered light one. The case will be
appealed.
History of Case.
All of the defendants were in court
with the exception of Leroy M. Good
win, whose whereabouts are not
known, and who could not there
fore be notified. The contempt
for which the defendants were
srraigned was a violation Of
an injunction issued July by
Judges Woods and Grosscup, which
forbade all men TO interfere with
trains in any manner whatsoever. 1t
was claimed by the United States dis
trict attorney that Debs and the 9th
er officers and directors of the
American Railway union repeat
eddy violated this order of the court
by issuing directions to their lieuten-
ants all over the country to call out
the men and advising the Gripping of
the complete railroad system of the
United States if possible. The defense
made was that Debs and his assistants
had q right to order strikes and to con-
tinue to conduct their side of the fight
against the railroads. Judges Woods
and Grosscup were both on the bench.
Synopsis of Judge Woods Decision.
The judge skipped the preliminary discussion
OF the evidence and proceeded TO 10 at once to
the heart OF the matter. The question OF
whether or not the court had Jurisdiction
was first discussed, and this question,
after citing numerous authorities, the judge
decided In the affirmative. Then the differ
ence between nuisance and a perpestuer,
which latter Is particular form Of public nul-
81 noe. was taken up. He defended the issuance
OF the injunction on the ground that eminent
authorities had decided that the courts had q
right to intervene where irreparable damage
might result before the hardness Of the law
could remedy matters. Judge Woods refused
to decide whether he had Jurisdiction under the
interstate commerce act, and took up the Sher.
man antitrust law, under which the action
against Dehs was chiefly based. One Of the
sections OF this law makes it an ofense to re-
strain commerce in any way, The Judge de-
cided that United States courts had full
jurisdiction under this act to punish all such
offenders as the directors OF tina American
Railway union making a new precedent
thereby
Violated the Injupc elton.
"What the conduct Of these men was, Is the
question to be decided here" said the court.
did they change their conduct after receiving
this injunction, or did they continue to carry
on the strike? J. think there is no doubt
these defendants had power to make the men
who looked up to them do as they pleased
and that they continued to violate this injuno-
ton. believe the defendants deprecated any
extreme violence, but l do not think
they opposed such acts as stopping
trains, throwing switches OF intimidat-
ing worknnen. These, men knew that
common labCrers would DO these things.
I am unable to believe they were SO ignorant
as not to know acts of violence and interrupt
ton OF traffic would ensue from their direc-
ticns."
Right to Strike Unquesttoned.
The opinion went on to say that the right to
strike peaceably was not questioned, but that
il an agreement was entered into TO do thing
which could not but result in wrong and ille-
gal acts the agreement was conspiracy and all
those party to the original agreement were
responsible for the results.
The American Railway union, 1t was stated,
entered into conspiracy on June % when 1t
agreed to boycott tbs Pullman cars. Both
officers aud men we're from that date response
BILE for all acts which were committed
Debs Not Sincere,
Debs' utterances not to commit violence
were doubted by the court. He did not believe
they were sincere. with all that has been
said about the American Railway union
keeping guard over property and being
the first to a. arrest Offenders, not
one has been arrested continued
the court. The court then reviewed the mass
OF kilograms in which Debs ordered men out,
and declared these were utterly at variance
that he took no part In continuing the strike.
After thus concluding that there was no doubt
that the men as individuals were guilty, Judge
Woods said:
Guilty OF Conspiracy.
But the point under the Sherman law is
whether these men were in conspiracy. If
they were believe there Is no way by which
they cam escape the moral and legal
responsibility for their acts" He then
gave it as his opinion that they
were and that therefore all the men
allied with them were also guilty. The
evidence left no feature Of the case In doubt
Then he said: 'eThe court therefore hnds the
defendants guilty Of the oflenses as charged in
the indictments in both cases, and will Ak the
punishment the same in both cases, but will
not make It cumulative.
Court Passes Sentence.
All of the defendants present then
stood up, so the court could see them.
They did not appear to be agitated,
and several smiled from time to time.
II think will suspend any sentence with
regard to Mr.. McVean. l am Of the opir-
ion that MIR. Elliott was actively engaged
In this strike. Punishment should not be
vindlctive; neither should it be trivial. The
object OF punishment for contempt Of court IL
to prevent future contempt. Ny conclusion 10
that the injunction was right Mr.. Debs 10
more responsible than anybody else. He Is