The herald., 1894-06-22
MUST STAY In PRISON.
NO RELIEF FOR THE IMPRISONED
INDUS TRIALS.
Writ of Habeas Corpus Refused-J udgc
McKepna Dacides That He Has
No Right to Iu-
terfere.

JuuSe OlCAeOnh OF tHe OHiteu Othtoe
circuit court declined to interfere yes
terday with the decision rendered by
Judge R1ss nj the southern district in
+ the case Of the Commonwealers, and the
Industrial army men now ccnfped in
the Los Angelica and neigh boring county
iails must Consequently remain in pris-
on, GAYS the San Francisco Chronicle of
Wednesday.
J. Marion Brooke, attorney for the
prisoners. waited upon Judge McKenna
yesterday morning with petition
signed by l57 members of the Indus.
trial army now in Jail, asking him, as
presiding Judge of the circuit court Of
appeals, to grant writ Of htbess cor.
pue. Judge McKenna declined to hear
the writ, he being in doubt as to his
jurisdiction in the matter.
Attorney Brooks then filed with the
clerk OF the court Of appeals a formal
petition for writ of habeas corpus, and
it will come up for hearing before the
entire court on the irst Monday in
July.
The petitioners sllege that they are
unlawfully detained aud restrained of
their Liberty by N. A. Covarru bias,
United States marshal in and for the
southern judicial district, in the county
jail OF Los Angeles. That the illegality
OF their imprisonment consists in the
lack OF jurisdiction OF the court ordering
their confinement. That on June s,
1884, Judge Ross, in the suit ia equity
heretofore commenced and since pend
ing in the circut court of the Mercantile
,,Df 10 A De-
ci6c Railway company appointed GER
tam persons as receivers of said road.
On June 9TH, one W. j. Hunsaker filed
complaint charging that on June 9th,
at MojAve, 400 memb ers OF the lndue-
trial army, without authority OF those
receivers and in contempt OF the court,
took possession OF locomotive and
train of cars. The petitioners, who were
a part OF that army, were arrested, and
on June 18th were sentenced by Judge
Ross to four monthe' imprisonment in
the county Jail.
The petitioners allege that neither the
plaintiff nor the defendant in the equity
proceedings in which the receivers were
appointed we're residents or citizens OF
the state OF California, and in conse-
QueDce they are not the legal custodisns
OF the railroad company's property
that the petitioners were not served
with any summons, citation or other
process showing that the receives had
been appointed before the petitioners
were Imprisoned upon the charge OF
contempt.
During the trial of the Industrials at
Los Angeles Judge Ross received an I'M
signed letter informing him that if he
sent any one of them to Jail he would
receive dose of dynamite. The Judge
read the letter in open court and de.
nounced the unknown writer in unmis-
taxable language. The defendants de-
MED that any one of them WAS response
Bile for the letter. and urged the court to
hunt down the writer for punishment.
After the men had been sentenced
they were imprisoned in the county jails
of Los Angeles. Fresno, Tulare, Kern,
Santa Barbara, Ventura and San Diego,
the Los Angeles jail not being large
enough to accommodate such number.
Under the practice of the United States
courts by the issuance Of the writ OF
hsbeas corpus the petitioners would
have been discharged from custody.
Attorney BROOKS says that nearly all of
the men are residents of Los Angeles and
adjacent counties, and many OF them he
has known from childhood. He knows
them to be honest and industrious citi-
zens, who until the present time were
never charged with violation of law.