Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1894-12-20
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 the judges
Decision.

CHICAGO, Dec ID. u udge W OOdS FIJI
day sentenced Eugene v Debs the
leader of the American Railway union
strike. to six months in the county
Jail. as a 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
months In the case of McVean his
sentence is suspended. Sentence is not
cumulative, covering the cases of
the government and the Santa Fe 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. V. Debs, president; G.
W. Howard, vice president; Sylvester
Kelliher, secretary; l.. W. Rogers, NJ.
| j. Elliott. lanes Hogan, William
Burns, j. d. NIcVean, Leroy NJ. 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 NJ. Good
win, whose whereabouts are not
/
fore be notified. The contempt
for which the defendants were
arraigned was 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-
1 ants all over the country to call out
the men and advising the crippling of
the complete railroad system of the
United States if possible. The defense
made was that Debs and his assistants
! had 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 go at once to
| the heart OF the matter. The question of
whether or not the court had jurisdiction
| was first discussed, and this question,
| decided in the affirmative. Then the differ
| ence between a nuisance and a perpestuer,
/ which latter is particular form Of public nui-
| sance, was taken up. He defended the issuance
| Of the injunction on the ground that eminent
| authorities had decided that the courts had
| 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 Debs was chiefly based One OF the
sections of this law makes it an offense 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 the American
Railway union, making new precedent
thereby.
Violated the Injunction.
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? 1 think there is no doubt
these defendants lad power to make the men
who looked up to them do as they pleased
and that they continued to violate this iniunc-
ton. believe the defendants deprecated any
extreme violence, but l do not think
they opposed such acts as stopping
trains, throwing switches or intimidat-
ing wortmen. These men knew that
] am unable to believe they were 50 ignorant
as not to know acts OF violence and Interrupt
ton of traffc would ensue from their direc-
tions
Right to strike Unquestioned.
The opinion went on to say that the right to
strike peaceably was not questioned, but that
If an agreement was entered into to do thing
which could not but result in wrong and lille
gal acts the agreement was conspiracy and all
those party to the original agreement were
responsible for the results.
The American Railway union. ii was stated
entered into conspiracy on June % when IL
agreed to boycott the Pullman cars. Both
officers and men we're from that date RESPONSE
BILE for all acts which we're 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 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
with the statement made in Debs' answer
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 consp! -acy. II
they were / believe there is no way by which
they can 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. The court therefore finds the
defendants guilty OF the offenses as charged in
the indictments in both cases, and will fix the
punishment the same in both cases, but viii
not make II cumulative.
Court Passes Sentence.
All of the defendants present then
stood mp. so the court could see them.
They did not appear to be agitated,
and several smiled from time to time.
i think 1 viii suspend any sentence with
regard TO Mr. McVean l am or the opin.
| ion that Mr.. Elliott was actively engaged
| in this strike. Punishment should not be
vindotiye: neither should it be trivial The
| object 81 punishment for contempt OF court is
/ to prevent future contempt Ny conclusion Is
/ tina, the injunction was right. Mr. Debs IS
/ more responsible tnan anybody else. He is
/ a maa ot marked ability and OF strong