The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-15

same uDdlng was reached against the
other American Railway union leaders
on trial with Debs.
Judge Woods opinion everything the
claim Of the defense That the iniunc-
tion against the a. r. U. leaders was
invalid on the ground that the court
had no jurisdiction 70 determine the
case in which the injunction was or-
dered, and that though possessed OF
such jurisdiction it lacked organic
power to make the order il question,
was very long and cited many aathori-
ties.
The court held that the same pro-
lection given commerce on the rivers
can be extended under the existing
law to commerce on The railroads.
Referring to the contention that the
act OF July 2, 1890, was dir1c5ed wholly
at trusts and not against crganiZa tions
of labor in any form, Judge Woods
. pointed out that the w0r'linSmen, if
hthey conspired with capitalists TO pre-
went the moving of Pullman cars,
would be guilty Of conspiracy, ard it
would be absurd to say that they
would not be equally guilty, if they
did the same without he ai1 # the
capitalists.
Deliberate Violation.
Judge Woods held that the defend
ants did deliberately violate The order
of the court by directing the strikers
to intimidate the men in their places.
Admonitions 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 made
by Debs and Howard.
Judge Woods concluded as follows:
THE right of the men to strike
peaceably and the right to advise TO
peaceable strikes which the law does
not presume to be impossible, is not
questioned, but If the men enter into
a conspiracy to do any unlawful thing,
aud in order TO accomplish their pur-
pose advise workmen to strike, know
ing that violence and wrong will be
the probable outcome, neither in law
nor morals can they escape RESPONSE
hiity. The Pullman cars in use upon
kIAe roads are instruments of its COM
Fnerce, and it follows that from the
Cine of the announcements of the boy
colt the American Railway union was
committed to conspiracy in restraint
Nof the interstate commerce in viola
TSon of the act of July. 1890, and that
the members of that association and
all others who Joined in the movement
became criminally responsible, each for
the acts of others done in furtherance
of the common purpose, whether in
tended by him or not. The officers be-
came responsible for the acts of the
men and officers. The actual conspir-
acy against the Pullman cars became
a conspiracy against transportation
and travel by railroad. Upon their own
authority, and without consulting the
local unions, the defendants converted
the boycott into strike and with the
sid Of their followers, some Of whom
stopped at no means between drawing
coupling pins and undermining bridges,
whereby men would be hurled to death,
they pushed the strike to the eondi-
lions which prevailed when the inter
vention of the court was asked, and
which in the end compelled the gov
eminent military force to re-establish
peace and start again the activities of
commerce.
Much Has Been Said.
Much has been said, but without
proof, of the wrongs of the workmen
at Pullman, and of the alliance
between the Pullman company and
railway managers TO depress wages,
and generally of corporate oppression,
but the evidence of these things,
whatever the fact might have been
proved or imagined to be, could furnish
neither justification nor palliation for
giving up the city to disorder and for
paralyzing the industries and COM
nerce of the country.
The decision of Judge Caldwell has
been referred to, but While that
recognized the right of employees 10
quit the service of the receivers it
contained no warrant for tntimidating
or abusing those willing to take en-
-ployment or for otherwise inter
fering directly, as the defendants and
followers did, with the management
.,f
therefore finds defendants guilty OF
contempt as charged in each of the
cases. The same sentences viii be or
dered in both cases.
Darrow. representing the defendants,
asked that his clients might retire for
consultation regarding what they
should say. and after brief recess the
strike leaders filed back into court
ranging themselves before the bench
Attorney Darrow, speaking for them
said they had no wish to make separate
speeches. but felt they mad done II,
wrong. The attorney advised the court
that Director AfcNean, one of the de-
PENDANTS, was out of the city during the
strike.
A lengthy argument between the at
torneys followed over the proposition
10 discriminate in McVean's favor
which the court terminated by sus
pending sentence on McVean.
Judge Woods. after pronouncing the
defendants guilty as charged, said i
was not in accordance with procedure
in such cases TO permit the defendant:
\ 10 say why sentence should not b.
passed, but IN this case the court
would allow it.
Six Months for Debs.
Debs was sentenced to six months IL
the county Jail. The others were giver
three months each, except McVean
who was released because there was NJ
evidence against him.
THE finding of the court is that the
defendants are guilty, but any punish
ment inflicted would not be cumu
lItive. In other words, there were
aWo cases before the court-one for con
taray5t and the other for violation Of tn,
federal statutes. The latter case Il
merged into the former.
In sentencing the other defendants
Judge Woods said: The punishment
shall be neither vindictive nor trivial
These men were in wilful contempt
under what legal advice l should like
very much to know. These men WERE
the leaders in a great measure Of law
breakers and are responsible as lead
ers. The ignorant men who followed
them have been punished Debs is
more responsible than any other. He
is a man of marked ability and power
over men. / feel constrained to dis
criminate between him and the others
The punishment against all the de
PENDANTS except Debs is three months
in Jail and against Debs six months"
Expected More.
The defendants did not appear par
: ticularly crushed By the punishment
Debs bowed his tall, gaunt form, anG