Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-07-24
STRIKE LEADERS IN COURT
The Proceedings Yesterday in the Case Of
Debs and His Associates
The Legal Argument Proves to BE nm
Interesting One-The Question
of Responsibility.

The hearing was begun yesterday in the
case of Eugene V. Debs Geo. w. Howard, l..
w. Rogers and Sylvester Keliher officers of
the American Railway Union charged with
contempt of court in disobeying the injunc-
ton restraining them from interfering with
| the transmission of the United States mails
| ard the movement Of interstate commerce.
United States Judges Wood and Grosscup
were on the bench. A great crowd thronged
| the United States court house. The prosecu-
| ton was represented by United States Dis
| trict Attorney Milchrist, Special Counsel
| Edwin Walker and Assistant District At
| tcrney Hand. while the Santa Fe railroad
| vas represented by ex-Corporation Counsel
John Miller and e. A. Bancroft.
Attorney Gregory opened the main case
| with the suggestion that the hearing of Mr..
Debs and the others be postponed until af-
| ter the trial under the indictments pending
| against them. but the suggestion was not
| entertained by the court The information
against the traversers was read by the dis
| trict attorney and the answer by the coun-
sci for the defendants. Attorney Erwin
| moved formally that the defendants be dis
| missed. He also asked that the government
elect whether II would try the prisoners on
the original indictment or on the injunction.
Judge Woods replied that the government
would elect by going on now.
The Motion to Dismiss.
Attorney Gregory began his argument in
support of the motion to dismiss the bill.
Mr.. Gregory contended that as this was a
| criminal proceeding. an answer under oath
| that he was not guilty was all the defense
Eerson cited for criminal contempt could be
| called upon to make. He could be tried for
! crime only by jury. Proceedings of this
kind should not be resorted 10 OF permitted
| to take the place of the laws of the land.
The court should decide IN favor Of liberty.
He said he was not one of those who in
supposed friendliness to the defendants
were disposed to criticise the action of the
court in issuing the injunction. He did not
believe the court was trying to enforce the
criminal statutes by means of an Injunction.
or that the court would issue an injunction
for any such purpose.
THE doctrine of this injunction is" inter-
rupted Judge Woods, that it is not to be
| rsed to restrain crime. Injunctions are not
issued for that purpose, yet an order may
be entered to restrain acts which involve
crime. The courts acted on that theory"
Mr.. Gregory, resuming, said the injunction
restrained the defendants from preventing
the employees by threats, intimida ton,
force violence or persuasion from perform
ing their duties or inducing them by threats,
violence, force or intimidation to leave the
service of the roads. In the injunctionai
order the word persuasion was stricken out.
Judge Woods interrupted the speaker re-
marking that the court had refused to
join men from soliciting 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 inter-
fere with ii.
Question of Interference.
Mr.. Gregory. resuming, said the injunc-
ton did not enjoin the leaders of the union
from advising men to quit work.
THE Injunction" said Judge Woods, was
q general order not to interfere with the
operation Of the roads. Whether advising
was an Interference is a question to be de-
cided."
MIR. Gregory centended that as long as
people obeyed the laws they could not be
held responsible for the Iawlessness OF 9TH
ers. He admitted that there was violence
in the recent strike. and the men who COM
mitted 1t were guilty of violating the in
junction. The people who advised violence
were also guilty. but there was not line
in 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 nat
ural consequence of the telegraphic orders
sent by the defendants.
Attacked the Answer.
Mr.. Gregory was followed by Mr.. Walker,
for the prosecution, who attacked the an
swer vigorously. He said the answer was
not a full reply to the charges in the in
formation. 1t denied all knowledge of the
kilograms with one exception, and the gov
| eminent would like to have the opportun-
ity to show that there was an answer re-
ceived to each message and that II was
received by the officers of the Railway
Union. All the strike orders which had re-
suited in the stoppage of commerce and the
mails came from the office of the union in
Chicago, and they were responsible for
everything that happened in consequence,
even to the loss of life. He said Gn an
swer in a court proceeding was sufficient
to discharge the accused at common law,
but in an equity proceeding the court could
hear the evidence of both sides.
At the conclusion of Mr.. Walkers argu-
ment court adjourned.
Late Strike Notes.
The general executive board of the Knights
of Labor held an informal meeting yester-
day in Omaha. but they did not transact
any business. In the afternoon the full
board began its work in secret session.
General Master Workman Sovereign de-
clare6 the strike was still on and said that
representatives Of the order reported from
Chicago that the railroads were not hand
ling freight and would not be able to under
present conditions. The railroad managers,
ne said, were whistiing to keep up their
courage.
United States Commissioner Bloodgood
has rendered a decision in the railroad
strike case, holding c. s. McAuiffe Frank
w. Archibald, Eugene V. Debs and several
others for trial OH the charge of conspiring
to obstruct the mails. Though Debs is
mentioned in the decision no bail Is fixed
for him, and he Is thought to be sufficiently
cared for in Chicago.
The striking railroad employees at Port
land. Greg, have formally declared the
strike off.
The Situation Mt Pullman.
Contrary to expectations the Allen car
wheel works did not start up yesterday at
Pullman. Out of the fifty men expected to
to so work only three reported for duty.
I'm tha nd fta
white-ribboned strikers were out in force.
In several instances word was brought to
the police that workmen were prisoners In
their own homes. Officers sent to relieve
the men found lines of strikers guarding
the front and back doors, but nothing more
than orders were required to dispense them.
Northern Pacific BOndhOldcrs.
President Ives of the Northern Pacific
Railroad Company has issued circular let