The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-12-15
GUILTY AS CHARGED.
Decision oi United States District Court
Judge Woods in the Debs Con.
tempt Case.
EIGHT A. R. U. MEN SENTENCED,
Heidi Defendants Violated an Order OF
Court by Directing Strikers TO
ntmidate Men.

Chicago. Doc ii-"Guilty Ms charR-
cd' was the nnding announced to-day
by Federal Judge William Woods
against President Eugene V. Dcbs OF
the American Railway Union The
same nndlnls was reached against The
other A, II, A.. LEADERS, on trial with
Dcbs.
Judge Woods" opinion overrullng the
claim Of the defense. that the Injunction
against a. n. q. leaders was invalid on
the ground that the court had no juris-
dlction 10 determine case in which
an Injunction was ordered, and that,
though possessed OF such jurisdiction,
the court lacked the organic power 10
make the order In question. was very
long and cited many authorities. The
court held that the same protection
given 10 commerce on the rivers can he
extended under the existing law 10
commerce on railroads. Referring 10
the contention that the act OF July 2.
1890. was directed wholly at trusts, and
not against organizations of labor In
any form, Judge Woods pointed out
~
with capitalists to prevent the moving
Of Pullman cars, would be guilty Of con-
spiracy. and 1t would be absurd TO say
that they would not be equally guilty
II they did the same without the aid
of the capitalists.
Judge Woods held that the defend
ants did deliberately violate the order
,.f ha I.r "A he .4Ir
to intimldate men from taking their
places. Admonltions against violence
were sent out by the defendants, but it
was not intended that they should be
needed. The disturbances at Blue
Island were the result OF speeches by
Debs and Howard
Judge Woods concluded as follows:
THE right OF men to strike peaceably
the right 10 advise a peaceful strike.
which the law does not presume To be
impossible, Is not questioned, but IL men
enter into conspiracy 10 do any un-
lawful thing, aud I'm order to accom-
plish their purpose advise workmen 10
strike, knowing that violence and
wrong viii he the probable outcome,
neither In law nor In morals can they
escape responsibility. The Pullman
cars IN use upon roads are the instru-
ments OF commerce, and II follows that
| from The time o. Its announcement, the
boycott OF the American Railway Union
was committed 10 a conspiracy In re-
| tarding interstate commerce in viola
tion of the act OF July 9. 1880, and that
members Of that association and all
| others who Joined In the movement be-
| came crimlnally responsible each for
the acts of others done in furtherance
OF the common purpose, whether in
| tended by them or not. The officers be-
| came responsible for the acts OF the
men and their officers.
THE actuar conspiracy against the
use of Pullman ears became a con-
spiracy against transportation and
travel by railroad. Upon their own
| authority. without consulting local
unions, defendants converted the boy
| cott into a strike, and with the aid OF
| followers. some Of whom stopped at no
means between drawing couplings and
/ undermining a bridge whereby men
would be hurled to death, they pushed
the strike to conditions which prevailed
when the intervention of the court was
| asked. and which. In the end. compelled
the employment Of military force 10 re-
| establish peace and start again the ac-
tivities Of commerce. Much has been
said. but without proof of the wrongs
| of wOrkmen at Pullman, of the alliance
between the Pullman company and the
railroad managers 10 depress wages
and generally Of corporate oppression
but II Is evident these things. whatever
facts might have been proved or i'm.
agined. could furnish neither jusltfica.
tion nor palliatlon for giving up the
city to disorder and for paralyzing the
Industries and commerce OF the coun
try.
'The decision OF Judge Caldwell has
been referred To, but. while that recng-
nized the night OF employees To quit IA,
service of receivers. II contained no war.
rant for intimidating or abusing those
willing 10 take employment or fui
other wise interfering directly, as de
PENDANTS and followers did. with N,
management and operation ~ roads.
The court therefore finds defendants
guilty Of contempt as charged In each
uf the cases. Til, same sentences will
be ordered In both cases, but II Is mol
intended that they shall he cumulative
J prbs was sentenced tp six months In
the county Jail. Tho others were given
three months each except McNean, who
was released because there was NO rNi-
dencc against him
Judge Woods after announcing the
defendants guilty as charged, said II
was not In accordance with the piu-
Ccdurc IN such cases Ia permit defend
lants 10 say why sentence should mot
hc passed hut ia this case the court
would allow Il.
The finding ur the court Is that dc.
| PENDANTS are guilty of contempt but
any punishment inflicted would not he
cumulative In other words, there were
two cases before the court, one FOR con,
tempt and the other for violation oi
the federal statutes. The lnttcr cause
In merged into the former
Attorney parrow, representing the
defendants, asked that his clients might
retire for consultation. regarding what
they should say. and after brief re-
cess, the strike leaders iilcd back into
the court, ranging themselves before
the bench
Attorney pnrrow. speaking for them
said they had uu wish tu make separate
speeches. but felt they had done no
wrong. The attorney advised the court
that Director McNcan. one ui the de-
foudnnta. was out of the city during the
strike. \ lengthy argument between
lhtturnrya followed over thc proposition
tn discriminate in McNchnH iNNor
which the court terminated by hus'
lpcndng sentence ON MoNoan.
la acntonclng the other dcfcndunts
Judge Woods Auid THE puniehmcnl
shall be- neither ViudlctiNc nor trivial
These men were In wlllml contempt
under what legal advice ] should liN'
very much TO know. These men were
headers, IN great measure, OF lhwhrcnk
rra nnd are Responsible as leaders, The
Ignorant men who followed them nave
been punished. pchR is more RESPONSE
hle than any OF the others. lie is "a mat
nf marked ability and power over men
| feel constrained u discriminate be
tween him aud the others, The pun
ishmcnt against all The dcfcndnnm eN
rrpt nchs Is three months IN jail, nnt
lagainst Deha six montha,'
| Defendants did not appear purtlcu