The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-07-24
Extraordinary Answer to the Contempt
Charge Filed i'm the United States
Court Yesterday.
BEFORE JUDGE WOODS NOW
The Case Opened at Chicago and
Bitter Legal Fight On.
Motion to Dismiss Meets with an Order
to Go Acknowledgement to Be
Concluded To-Day.

of the most important legal battles
in the Nations history was begun in the
United States Circuit Court to-day, when
President Debs, Vice Pres ent Howard,
Secretary Keliher and Director Rogers. of
the American Railway Union, by their at
torneys, w. W. Erwin, S. S. Gregory and
c. S. barrow, filed their answer to the con-
tempt rule issued by the court against
them last week. and came themselves into
court to make return to the writ The
defense proposes to carry the case to the
Supreme Court of the United States in the
vent of an adverse decision here, and if
defeated there appeal through Congress
to the people. The policy of the defense
will be to question the right and power
of the court to issue dnjunctions like that
obtained by the railway companies against
Debs and his associates and then imprison
those enjoined If the injunction be vio-
lated. 1t will be contended that what the
court has done amounts 20 a usurpation
of power not given TO the federal judiciary
by either Constitution or law. The defense
will follow closely the lines of the report
of the Boatner committee of Congress
which investigated the injunction and con-
tempt proceedings by Judge Jenkins. La
Dor organizations throughout the country
will contribute money to defray the
penses of this legal struggle. The Amerl-
Federation of Labor has given $1,000,
other associations will follow, and the con-
will be carried TO the bitter end. If
the Supreme Court declares the injunction
and contempt method to be good law Con-
gress will be asked, local labor leaders
say, TO amend the statutes and curb the
power of the courts. and every candidate
for Congress will be asked to pledge him
self for such reform.
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 and about
the door. Mrs Debs, Mrs. Kelher and
Mrs. Rogers were in court early, and
greeted the four prisoners when they were
brought in. The prosecution was repre-
sented by District Attorney Milchrist. cor
poration counsel Edwin Walker and AS
sistant District Attorney Hand. The Santa
Fe road was represented by Incorporation
counsel John Miller and T. A. Bancroft.
Attorney Gregory opened the with
the suggestion that the hearing of Debs
and others be postponed until after their
trial under the indictments pending
against them. but the suggestion was NOT
entertained by the court.
MOVED TO DISMISS.
After the reading of the information
against the prisoners by the district attor-
ney and the hearing of the answer as read
by the defendants lawyer attorney Erwin
moved formally that the defendants be dis
missed. He also asked that the govern
ment elect whether it would try the prison.
ers on the original indictment on the
injunction. Judge Woods replied that the
government would elect by the going on
and attorney Gregory began his argu-
ment i'm support of the motion TO dismiss
the bill Mr. Gregory went on n to argue
an answer under oath that he was not y
guilty was all the defense a person cited
to- to make. He could be tried for crime only
by jury Proceedings of this kind should
n1t be Of % TO or sb to take
should decide in favor OF liberty. lie said
he was not one Of those in supposed friend
Illness to the defendants. were disposed to
criticise the action of the court in issuing
the injunction. He did not believe the
statutes by means of an injunction,
that the court would issue an injunction
The doctrine of this injunction is" in
terruoted Judge Woods. that it is not 10
be used ,I to restrain fnr 9a crime iniuretionS
order may be entered to restrain acts
which involve crime. The court acted on
Mr.. Gregory, resuming. said the in
junction restrained the defendants from
timidation, force, violence or persuasion
from performing their, duties or inducing
timidation to leave the service of the
roads. In the injunctional order the word
out another statement from Judge Woods,
who said the court had refused TO enjoin
men from soliciting other men to leaye
Court of Appeals in the Northern Pacific
case and the court had no desire to in
junction did not enjoin the leaders OF
the union from advising men to quit work.
1.-The injunction" said Judge Woods. was
a general order not to interfere with the
operation of the roads Whether advising
was an interference is question to be de-
cided.'
The attorney contended that as long as
people obeyed the laws they could not be
held responsible for the lawlessness OF 9TH
ers. He admitted that there was violence
in the recent strike. and the men who COM
mitted il were guilty of violating the in
junction. The people who advised violence
were also guilty, but there was not line
I'm 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 the Geographic or
ders sent out by the defendants
Mr.. Gregory was followed by Mr. Walker,
vigorously. He said the was
not full reply TO the charges OF the infor-
nation. IL denied all knowledge OF the tel
egrams. with one exception, and the gov
eminent would like 70 have the opportunity
TO show that there vas an answer received
to each message and that IL was received
by the officers of the American Railway
Union. All the strike orders which had
resulted in the stoppage of commerce and
mails came from the office of the unc-I in
Chicago, and they were responsible for
everything that happened in consequence
to the loss OF life. He said answer
in contempt proceeding was sufficient 10
in an equity proceeding the court could
hear the evidence both sides. At the
conclusion OF Mr.. Walkers argument court
adjourned. and tomorrow morning attorney
John :. Miller, VINO represents the Santa
Fe, will speak for the prosecution The
Debs answer filed by his attorneys is as
follows
LINE OF THE DEFENSE.
Now come the said defendants and first
saying and reserving unto themselves all
and singular advantages that may 10 them
accrue by reason OF the many and manifold
insufficiencies in the bill OF the complain
ant herein. and In the injunction issued
thereon by reason whereof the defendants
say they are advised that the said in
junction is in all things wholly void and
without effect. they jointly and severally
make answer 10 the information OF the
said complainant and In that regard do
respectfully show to the follows
They admit that the I'd day or july.
1884. the United States caused 10 be filed