The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-14

termined how to deal with it.
s.The inference, therefore, is a fair one
aside from the direct evidence TO the
point that they expected and intended
that this strike should differ from others
only in magnitude of design and bold
ness Of execution. and that the
accustomed accessories Of intimid a.
tiOn and violence SO far at least as
found essential to success would not be
omitted. Fer that much the striking
workman, acting on the pr0mptings of
seIf-interest without iustigation or di-
rect ggestion. and even in spite of ar
guments to the contrary may ordinarily
be counted on
such admonitions against violence
were sent out occasionally by the defend
ants, but it does not appear that they
were ever needed. and I am not able to
believe on the evidence that in the
fullest sense it was expected or intended
that they should be. / am able and
quite ready to believe the defendants
not only did not favor but de precated
extreme violence which might lead 10
the destruction Of property or Of human
life; but the chief aim. / am convinced
was to secure the good viii of the public.
Warnings Against Violence Insineere-
ssTo that end the warnings against acts
Of depreciation or visible destruction of
property il may well be believed we're
insincere- but their followers did not
understand and this court cannot be-
lieve that it was intended to forbid in
timidation and the milder forms of viO-
lence. which did not directly involve the
destruction Of property, Or severe injury
to persons, and which. for that reason. it
seems, were assumed to be not unlawful
when employed in the interests Of or
ganized labor in a contact with sam al
lance Of rich and powerful corporations"
The Judge said the alleged ad-
vice of counsel neither justifes
nor mitigates wrong or error
committed in pursuance Of the
advice. sWith all that is said about
guarding property. keeDiug the peace
and be png the tirat to arrest Offenders
he continued, ''no one was arrested and
no effort was made by strikers. or mem
bers Of the a. r. U. to preserve the peace
or TO protect property. On the contrary
many Of them were leaders IN scenes Of
violence and disorder.
"If this strike like others. was under
stood to be war. not necessarily Of blood
and bullets, but a conflict between
eontending interests Of classes,
of interests in which strategy
had to be employed to keep the men in
line il was more than q peaceable strike
or mere cessation from work. Had il
been only that, the injunction. instead Of
being a hindrance would have been in
their hands the very weapon they needed
to enable them to suppress the violence
and disorder ia which alone they say they
saw possible danger to the success Of
their cause.
Debs' lnceudiary Lang uasse-
sit is shown by the testimony of two OF
more witnesses that on the night
of June 20 Debs and How ard and
Keliher attended meeting of the
local union at Blue Island, a suburb of
Chicago On the line Of the Rock Island
& Pacific railroad. that he and Howard
each addressed the men. That Pm the
next day was inaugurated condition
of turbulence,' which a witness declared
he did not think could exis1'
~And Notwithstanding the efforts Of
the United States marshals 10y
reading the injunctions and other
wise to quell the disturbances
nothing was accomplished until the
fifth of July when federal soldiers ar
rived. These things directly followed,
and in large measure, 1 think it not
unWarranted to say. were the natural and
probable results of the speeches made
and counsel given to the men by Debs
and Howard at the meeting On the night
of the 29th at Blue Island ~
ssSuggestiOns calculated to incite the
acts of violence or intimidation were
contained IN many of the kilograms
which were sent over the name of Debs
for which Notwithstanding the averment
Of their answers to the contrary it is no
longer possible for any Of the defendants
to deny some measure OF responsibility.
Wrongs Didn't Justify Results.
Much has been said but without proof
of the wrongs Of the workmen at Pull
man, OF an alliance between the Pullman
company and railway managers TO
depress wages and generally Of
corporate oppression and arrogance. but
it is evident that these things. whatever
the facts might have been proved, or inn
agiued TO be, could furnish neither justi-
tication nor palliatiOn for giving up city
to disorder and for paralyzing the indus
tries and commerce of the country.
1.-The court therefore duds the defend
ants guilty of contempt as charged in
each Of the cases. The same sentences /
not intended that they shall be cumula-
tive
GOMPERs ON THE DECISION.
Denounces Judge woods for Not Allow
ing Jury Trial.
DENVER, Dec. 14-Presfdent Gompers
said regarding the decision Of Judge
Woods in the Debs case:
u think it contemplate for any
Judge to take from a citizen of
the United States the right of trial
by jury. If 81r. Debs is guilty
of any criminal act, a Jury Of his peers
should be allowed to say 20. 1 denOunce
the action Of any judge who shows him
self so eager to do the bidding of the
corporations"
The part Of Judge Woods decision
relating 20 this point is follows;
The jurisdiction Of the courts Of equity
and by Implication their right to punish
for contempt are established by the
constitution equally with the right to
trial By jury and 50 long as there Is 10
attempt 10 extend jurisdiction over sub
iecss not properly cOgnizAbIe IN equity,
there can be no ground for the objection
that the right of jury trial has been taken
away.
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