Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1895-03-30
oLNEY GAVE HIS VIEWS.
Decitred the A. X. e. Leaders Impede
Interstate Commerce

resumed promptly on the opening of the
supreme court today.
Attorney General Olney made the first
argument, speaking in behalf of the
government. Olney said the single
| question before the supreme court was
| whether the court today had jurisdic-
ton OF the case made by the original
| plH ana proceeded to show that as he
| viewed the matter il had. He devoted
but very little time to the discussion
| OF the governments technical relation
TO the mails and the mail bags. or to
| the provisions Of the act of 1890, which
| ne characterized as AN experimental
piece of legislation and passed i'm
medlately to the consideration of the
strike as violation Of interstate com
merce regulations. Interstate com
| merce, which is subject to the regulate
/ OF congress, comprehends, he said, a
great variety of different subject mat
ter. 1t is held. as respects some of
them, that in the absence of positive
leslsla ton thereon by congress. there
! may be action by q state But it has
always and universally conceded that
the moment congress does act upon any
inatlef, Which is part of commerce..
from that moment the jurisdiction of
the United States becomes absolute
and excludes all other authority. IN
tercourse and transportation between
the states and all the Instruments of
either are admittedly parts of inter
state commerce. Transports ton of pas
sengers and freight by railroads is of |
course included. Not only is that 50 |
but it is also true that interstate rail- |
road transportation has been taken in !
especial charge by congress. Having /
power to control it, congress has not |
permitted the power to lie dormant, |
but has freely and decisvely exercised |
it.
lie then enumerated many of the fed
eral laws bearing on the question of
interstate traffic, including those apply
ing to the mail service. those reIatinc Ia
the carrying of live stock and those re-
during the use of certain kinds of
brakes, etc. But in this connection and
lof the purpose. he continued it is more
important to note the provisions of sew
eFal general statutes which cover the
"hole held Of interstate railroad trans
poFtatlon and show most conclusively
the purpose of congress to exclude eye1v
othef form OF regulation except it's own,
olney then quoted from section 5,25S
u tfle revised statutes and said: 'By
mat act the principles in accordance |
With which Interstate TRANSPORTATION i
shall be conducted are laid down and
1eilned. their violation is inhibited un-
Ter severe penalties and to crown the
Nnole, all the interstate railroads of the
'ountry are practically put in charge
u a commission, which is to see to it
nat their duties as prescribed by con-
'ress are faithfully discharged Final .
y, recognizing the existence of an evil y
II great magnitude, congress by act :
I october 1, 1888, made provision for l.
he creation of boards of arbitration to i,
ettie controversies between railroad b
ompames and their employees, which il
ontroversies are having the effect Of il
indering and interrupting traffic" a
AS matter of fact, he said, in July, b
S94, interstate railroad transportati tion G
vas being interfered with in the state ~
L illinois and in the city of Chicago -
was interference for which, with all ir
S consequences and incidents. the pres a
Mt petitioners are to the fullest extent il
eSponslble, unless it be true that those SS
no seek to execute d plot by any means u
osslble in the open, and taking the le- / /
al consequences upon their heads, are | q
be branded as criminals, while those
ho sit in an office and hatch the plot S
nd urge on its consummation are to | r,
0 unWhipped of justice, because of the =
profession of virtue in
aneral and respect for law and order es
! particular. j,
Olney then proceeded TO consider the W
ssertion that the Chicago affair was st
<cepuonal and to controvert the allie =
alton of errors in the court below. Of
DARROW's REPLY. St
Olney closed at O'Clock ana was r
'omptly followed by Mr. Darrow in ia
le interest of petitioners. Darrow ne
'ened by saying that he agreed with III
I. Olney that the case was one of vast ":
lportance. Not only was it of import de
ice to the corporations, but to count | an
SIS millions Of working people He as tn
rted that the attorney general had | eli
'erlooked the interest of this latter Sc
ass in his argument, as he had also |
-erlooked the fact of the danger to
VII ua3"sy embraced in the case He VI;
piled to OlneyS criticism of the fail
e OF state courts to take proper cog {
zance of acts Of violence accompany- ore
3 the strike declaring that the state If
d ever been anxious to preserve peace tht
id was capable of doing so. If the caE
rtrary had been true, the United | ~
ates troops could be called on, but ,o' ,Jt
ere was no excuse under the law for NJ
pealing to the federal courts. He As
Intended that the Interstate commerce | tw
t was not applca BILE as that law was foe
ts4d
q restricting the opera tions Of rail in
" corporations. wa
t was charged that the officers of the | 49,
K. /. had sent kilograms ordering | w
'ikes. but it had been shown that | Tn
ase teIegrams advised observance Of |
: law. The original bill itself was free 6
IN such charge. If. then, these men ! Sts
q committed no ottense there was no tu1
Wer in the court t. commit them for Wh
atempt. Could the equity power of va va
> courts be resorted to because con- r,
7ss had not seen fit to provide an ade- err
ate penalty for certain offenses? If tiol
n state Of affairs as pictured by the iss'
orney general did really exist in Chi
70. the situation was one with which ny
! executive should have dealt through | Tbs
: military and not through the courts
cat was needed was the display Of | &
ce and not the order of court in such | Sta
emergency. Darrow concluded with me
appeal on behalf of his eli | de
g for
,arro,,,,s .,,r,,,,,+ -, by
e-aesa "s'' nc idet III wa
.,,t =" -. ~ 4i"N ii1lisiieo tne lfy
III ploceeded with other business on | ind
calendar. A decision will probably
re haf |
y.
- Am
UBT AS TO MONETARY DELEGATES -
i,f That +be .o,co.. poo,,.; Ter,