The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-07-24

Chicago, July 29.-What is consider
led by the labor leaders one of the most
important legal battles in the nations
history begun in the United States
circuit court today, when President
Debs. Vive-President Howard, Secre-
tary Keliher and Director Rogers of
the A. r. u, by their attorneys, w.
W. Erwin. S. S. Gregory and c. S.
barrow. filed an answer to the con-
tempt rule. The defense proposes to
carry the case to the supreme court in
the event of an adverse decision here,
and if defeated there, appeal to Con-
gress 1t will be contended that what
the court has done amounts to usurpa-
ton of power. The defense will follow
closely the lines of the report of Boat
ner to the committee of Congress,
which investigated Judge Jenkins.
If the supreme court declares the in
junction and contempt method good
law. Congress will be asked, local
labor leaders say, to amend the sta
tutes and curb the power of the courts,
and every candidate for Congress will
be asked to pledge himself for such
reform.
J An answer was filed today by the
officers of the American Railway
union in the contempt proceedings in
the United States court, growing out
of the alleged violation of the federal
injunction against interference with
/ the mails and interstate commerce.
Wholesale DeniaIs.
The defendants deny 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 alleged in the information
and say that strikes are declared or
discontinued by vote of the majority
OF the members in the service affected
They deny that they ordered the strike
on the Illinois Central, and declare
the employees struck of their own ac-
cord; but not for the purpose of
hindering the transportation of the
mails or of interstate commerce They
deny that after the issuance of the in
Junction the organization of unions
was continued otherwise than by
generally advising railway men to be-
come members. They deny that any
kilograms set forth in the information
except one, counseling the men to
stand firm, We're sent by them. They
deny that they advised, approved or
participated in acts of violence. De-
PENDANTS allege that after the injunc-
ton was served upon them they acted
Struggled For Places.
a great crowd Of spectators thronged
the corridors of the federal building
and struggled for places in the court
room when the hearing began. United
states Judges Wood and Grosscup oc-
cupied the bench and Immediately af-
ter taking their seats ordered the court
room cleared of the crowd which stood
in the aisles. Mrs. Debs, Mrs. KeIiher
and Mrs. Rogers were in court early.
and greeted the four prisoners when
they were brought in. The prosecution
was represented by District ATTORNEY
Milchrist, Special Counsel Edwin Wal
ker and Assistant District ATTORNEY
Band, while the Santa Fe railroad was
represented by Incorporation Counsel
John Miller and e. A. Bancroft.
Attorney Gregory opened the main
case with the suggestion that the hear
ing of Debs and the others be post
poned until after this 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
attorney and the hearing of the answer
by the defndants' lawyer, Attorney Err
win moved formally that the defendants
be dismissed. He also asked that the
government elect when it would try
the prisoners on the original Indictment
on the Injunction.
Judge Woods replied the government
would elect by going on now, and At
torney Gregory began his argument in
support Of his motion to dismiss the
bill.
Mr.. Gregory said the injunction re-
strained the defendants from prevent
ing the employees by threats, intimida-
ton, force, violence or persuasion from
performing their duties or inducing
them by threats, violence, force or in
tinlidation, to leave the service of the
roads.
In the injunctional order the word
persuasion" was stricken out.
This called out statement from
Judge Woods, who said the court had
refused to enjoin men from inducing
other men to leave their work. The
question is now in the court of ap-
peals in the Northern Pacific case and
the court had no desire to interfere with
it. Mr.. Gregory said the injunction
did not enjoin the leaders of the union
from advising men to quit work.
The Injunction said Judge Woods,
twas a general order not to interfere
with the operation of the roads
Whether advising was an interference
is a question to be decided
The attorney contended that as long
as people obey the laws, they could not
be held responsible for the lawlessness
of others. He admitted there was vio-
lence in the recent strike, and the men
who committed it were guilty of violat-
ing the injunction. The people who adj
vised violence were also guilty, but
there was not line in the information
that the defendants either committed
or advised any violent acts.
Judge Grosscup said the theory of the |
government was that violence was the
natural consequence of telegraphic |
orders sent out by the defendants.
Mr.. Gregory was followed by Mr.. |
Walker, for the prosecution, who at |
tackled the answer vigorously.
At the conclusion of Mr.. Walkers ar
gument, court adjourned until tomor- |
row morning, when Attorney John S. |
Miller, who represents the Santa Fe, |
will speak for the prosecution.