The herald., 1894-07-24
Trial of the Indicted A. r.
U. Officials Begun.
A Case of Great Importance to
Labor Unions.
The Defense Will Carry 1t to the
Supreme Court.
II Defeated There an Appeal Will Be-
Made to CoDgress-Dsbs and His
Confrsrss Planning . New
Organization.


CHICAGO, July 23.-What 10 consid'
cred by labor leaders one of the most
important legal battles in tho nations
history was begun in the United States
circuit court today, when President
Dsbs, Vice.president Howard. Secretary
Keliher and Director Rogers. of the A.
R. u. by their attorneys, W. w. Irwin,
8. s. Gregory and @. S. barrow, filed an
answer to the contempt rule. The de-
Tense proposes to carry the case to the
supreme court in the event of an ad-
verse decision here, and If defeated to
appeal to congress.
1t will be contended that what the
court has done amounts to usurpation OF
power. The defense will follow closely
the lines Of the report Of the Bostnsr
committee OF congress which investi-
gated the action OF Judge Jenkins. II
the supreme court declares the injunc-
ton and contempt method good law,
congress will be asked, local leaders say,
to amend the statutes and curb the
power of the courts, and every candi-
date for congress will be asked to pledge
himself for such reform.
y
the corridors OF the federal building
and struggled TO. places in the court
room when the hearing began. United
Statee Judges Wood and Grosscup occu-
pied the bench, and Immediately after
taking their seats ordered the court
room cleared OF the crowd which stood
in the aisles. Mrs.. Debs, Mrs Keliher
and Mrs. Rogers were in court early and
greeted the four prisoners when they
were brought in. The prosecution was
represented by District Attorney Mil
christ. Special Counsel Edwin Walker
and Assistant District Attorney Band,
while the Santa Fe railroad was repre-
scented by ex Corporation Counsel John
Miller and. L. A. Bancroft.
Attorney Gregory opened the main
case with the suggestion that the hear
ing of Debs and the othera be postponed
until after this trial under the indct-
ments pending against them, but the
suggestion was not sustained by the
court.
After the reading of the information
against the prisoners by the district at
torney, and the hearing of the answer
by the defendants lawyer, Attorney
Erwin formally moved that the defend
ants be dismissed. He also asked that
"
try the prisoners on the original indict-
ment on the injunction.
Judge Wood replied that the govern
msnt would elect by going on now, and
Attorney Gregory began his argument
in support OF the motion to dismisa the
hill.
Mr.. Gregory said the injunction WAS
for restraining the defendants from pre-
venting the employees by threats, intim-
idation, force, violence or persuasion,
from performing their duties or induce
ing them by threats, violence, force or
intimidation to leave the service of the
roads, but in the injunctional order the
word "persuaaion" was atricken out.
This called out statement fro m 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 appeals in the
Northern Pacific case, and the court
had no desire to interfere with it.
Gregory said the injunction did not en-
Join this leaders of the union from ad.
vising 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 decided"
The defendants deny that it was the
purpose 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 discontin-
ued by vote OF the majority Of the
members of the service affected.
They deny they ordered the strike on
the Illinois Central. and declare the en-
ployees struck of their own accord, but
not for the purpose of hindering the
transportation of mails or interstate
com merce. They deny that after the is-
euance of the injunction the organiza-
ton of unions was continued otherwise
than by generally advising railway men
to become members. They deny that
any of the kilograms set forth in the in
formation, except one counselng the |
men to stand firm. were sent by them.
They deny that they advised, approved |
or participated in any acts of violence. |
The defendants allege that after the |
injunction was served upon them they
acted upon the advice of counsel.