The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-12-15

Protectors oil Interstate Commerce
ruc,eo, Ills, Dec. i4-"Guiity as
.s,rg.d," was the finding announced
.'J,y BY Federal Judge William A.
~.oi, against President Eugene v.
nh. Of the American Railway Union.
y, ,,us finding was reached against
n, other American Railway Union
I.,5.rs on trial with Debs.
The Tolerance to cumulative punish
IAN, means that there were two cases
S,ro,s the court, one for contempt and
a. other for violation Of the federal
.,,u.e. The latter cause is merged into
ID, former.
Tho cramped court room WAS crowded
:, avsraowing when Judge Woods first
.,,.,sd the court room and took his
..,t lin mon the bench. President Debs
ri ia other defendants were present,
81 IN various attitudes OF anxious IN
,,r.,t listened 10 the reading OF the de.
s,ion With Judge Woods, Judge
IsnEins occupied the bench, and many
,,omineut attorneys were present TO
S,Ir the outcome OF the proceedings
,,,in,t the leaders Of the great railway
,irikss Of last summer.
DEB, was sentenced to six months in
.be county Jail. The others on trial
Ts,s given three mouths each, except
NcYans, who was released because
,bsrs was no evidence against him.
Judge Woods said: The question
here /, whether the case presented by
,bs petition was OF class which in q
Federal circuit court admits Of the SEM
| eiy BY injunction.
Without going into the details Of
,vernent the charge made against the
d,isudants was that they were engaged
ia conspiracy to hinder and interrupt
Interstate commerce and the carriage
d the mails upon tho railroads center
iac in Chicago, by means, and in 4
manner to constitute, within the recog.
airsd definitions, a public nuisance.
A form Of punlic nuisance of which
rognizance has been taken by the courts
Of equity in England and in this couu-
try Is called purprestare, which is de-
fined to be ian encroachment upon
Lndsor rights and easement incident
thereto belonging to the public and to
which the public have right to access
or Of enjoyment, and entertainment
upon navigable streams" "Ihe remedy
ior a purpresture, simply, is by infor-
nation in equity at the suit Of the attor-
l.y general or other proper officer"
Bu. while the jurisdiction Of the Eng.
lib high court OF chancery and OF the
equity courts OF the several states Of
the Union is not understood to be dis
puIed by counsel for the defendants,
they do insist that, in the absence OF
legislation by Congress comforting the
authority, the federal courts can do
nothing for the protection Of the high
way. Of interstate commerce, whether
On land or water.
UNDER COURT PROTECTION.
In reply TO this position OF the de.
fence, reference is made to the act to
regulate commerce, as amended by the
act Of March ., 1885 U. S. Stat. s55-
and it is contendod that by force of the
provisions OF that statute. passed in ex-
sreise Of the power conferred on Con-
gress by the constitution, TO regulate
commerce, among the several sta!es,"
The national control has been extended
orsr the channels and agencies OF inter-
state commerce, including railroads as
veil as nayiGabie waters, and that out Of
his legislation, Whatever has been the
rule before, has arisen by necessary i'm
pisatiou, the jurisdiction OF the federal
eau'ts, in accardaRce with the prlnci-
PIES Of equity, to protect that commerce
asIlnsl Interference or obstruction.
!Esu,IE VI tud federal government
70 ob!ain the Jurisdiction is also assert
el upon the ground OF property right in
he mails. In Starlight Va. Stokes. 3
How, l5l, the supreme court said: THE
United States have professionally a
property 10 tho mails. They are not
mere common carriers, but q govern
helt, performing high official duty in
holding and guarding its own property
az we'll as that oil its citizens committed
70 It's carei for large portion OF the
letters aud packages conveyed on this
tn9ad, especially during tho session oil
congress, consists oil communication
Sor from the officers Of the executive
department. or members OF tho legi.la.
lure on public service, or in relation to
matters Of public concern"
Lhe luri4dlction OF the courts OF
equiy, and BY implication their right to
punish for contempt, arc established by
ne constitution, equally with the right
u ina bv jury, and 80 long as there is
10 ATTEMPT to extend Jurisdiction over
,uolecta not properly cognizable in
equity, there can be no ground for the
OBJECTION that the right OF jury trial has
Ueen taken away. The same act may
SSn'tltute contempt and a crime.
ba' the contempt is one thing, tho
aIme another, and the punishment for
one Is not duplication OF the punish
,aent Tor the other. no contempt can
" tired and punished only by the court,
' anlIe the charge OF crime can be tried
'aIy by jury.
T1lE CHARGE OF CONSPIRACY.
Referring to tho contention OF the do.
Tense that iha ort ~ TrI, o 1SO0 Ia