The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-28

Washington city. May 27-The United
States supreme court today denied the ap-
phcation OF Eugene v. Debs. the strike
leader, for a writ Of ha abeas corpus This
Is a victory for the government. No more
Important question with the single excep-
tion Of the income tax has come before
the supreme court during the past year
than the attempt OF Debs and other OFF,
GERS OF the American Railway Union 10
secure a reversal Of the sentences 10 jail
by Judge Woods for interfering With in
terstate commerce and the running of
mails in the great railway strike last
summer.
The decision of the court was read by
Justice Brewer. and was unanimous. there
being no dissenting opinion All the con-
tentlons Of the government were sustained.
The conclusions OF the court were that
the government OF the United States has
jurisdiction over every foot of soil and
over every individual within the bounda-
ries OF the United States. and that while
Il was one Of limited powers il has SOW
eretgnity within these limitations. II has
the power TO invoke the civlI courts 10 re-
move Instructions 70 interstate commerce,
and the civil courts have a I$Ght 10 enjOn
those who make the obstructions 10 such
commerce. An Injunction is no bar 10
criminal processes for acts done in viola
tion Of the injunction. The circuit court
having final jurisdiction il Is held tha:
the act was not renewable by the supreme
court on petition for a writ OF habeas
corpus. and therefore the writ is denied.
The opinion of the court in substance
was as follows:
The case presented is this. The United
States, finding that the Interstate trans
portation Of persons and property, as
well the carriage Of the mails. is
forclbly obstructed, and that a combina-
ton and conspiracy exists to subject the
control o. sush transportation TO the VIII
Of the cqnspirators. applied TO one of the
courts sitting as a court of equity for
an injunction 10 restrain such obstruc
tion and prevent carrying into effeet such
conspiracy. These questions Of import
ance are presented:
First-Are the relations Of the general
government TO interstate commerce and
The transportation of the mails such as
authorize the direct interference 10 pre-
vent a forcible obstruction .hereof2
Second-If authority exists. as author
ity in governmental affairs implies both
power and duty. has court of equity
jurisdiction to issue an injunction in aid
of the performance of such duty?
l. What are the relations OF the gen
eral government 10 interstate commerce
and transportat ton of the mails? They
are those OF direct supervision. control
and management. While under the dual
system which prevails with us. the
powers of government are distributed
between the state and nation and While
the latter is properly stated a govern
ment OF enumerated powers. vet within
the limits of such enumeration, Ii has
all the attributes Of sovereignty. and in
the exercise OF those enumerated powers
acts directly on the citizen. and rot
through the intermediate agency of the
state.
.. Under the power vested In congress
to establish postofices and post roads.
congress has hy a mass OF legislation.
established the great postoffice system
OF the country with all It's detail OF or
ganization, its machinery for the trans
action OF business defining what shall
he carried and what not, and the price
OF carriage. and also prescribing PEN
altles for all offenses against II. OBJ
viously, these powers given % the na-
ti0nal government over interstate CON-
nerce and In respect TO the transporta-
fion OF the mails. are not dormant and
unused Congress had taken hold or
these two matters and by various and
specifies acts had assumed and exer-
cised the powers given u, and was in
fun discharge OF its duty to regulate
interstate commerce and carry the mails.
II tho inhabitants Of a single state or
a great body Of them should combine to
0hstrttCt Interstate commerce or she
transportation OF the mails, prosecutions
Of such offenses had I'm such commun
itv wouid be doomed In advance 20 fail
urp. And II the certainty of such fail
ure was known. and the national gov
ernment hal no other way 10 enforce
the freedom # Interstate commerce and
the TRANSFORMATION Of the mails than by
prosecution ana punishment for interfer-
enre herewith the whole interests OF
the nation n these respects would he
AZ the absolute mercy Of q portion OF
the inhabitants OF a single state.
Rut the-e Is no such impotency in the
national government The entire strength
of the nation may be used 20 enforce IN
any mart 81 the land the fun and free
exercise OF all national powers. ana iAe
security Of all rights entrusted by The
constitution - is care. The strong ad-
rofnis.ratfon ~ the nation may he put
fcr.h n Nrusn away all obstruc lions 70
~ 4~aef,rY, Of Interstate commerce or
ne TRANSFORMATION of the mails II erer-
,~ers., arises. the army of the nation and
ait f-s militia are a. the service o. me
t7tiou 20 compel oce 1ieure - the laws.
In the case before as the right % HSe
forra does not exclude me right o. ar
rosl ~ she courts for a judicial drter-
+,tva-ion and for thc exercise a. all
tbssr r-Swers - prevention. fn.fc0f. it
81 ,,cra N the praise than - inc blame
~ shs government that instead ~ de-
,o~-ri~lrr fo- itself questions of rish'
s~a v-rnrv ou ths part of these Fejt-
.i,~.~s ana their associates. ana REFER
~f~e~ .nat determination % me club or
-. -,,li~sn1Rn and the hayone, ~ fhe
s,,rte~ f. suhraltte5 an 1hosr questions
., .,,a determination Of judicial tribunals
,,,5 {~v,Lef tNeir consideration ana i0dS-.
,,,,.,, as 20 che measure of its Fights ana
.--,,-s 4us tAe co-re'ative 0hiiga ions
- .A,s. aga r,st whom it made complaint
a. t. s. equally - the credit ~ the
l,.,e~ rhat the iuirmen, ~ those tri-
f,,,-,9S MAS by the great body ~ them
.-sv7~+r4 anf ire troubles "htra
.r~e7ts-,ef 50 much disaster terminated
Neither can T. he doubted mar ~" gov
s~-,,a~- has such an interest n the
-, -,7,t+er as enaNses = - appear
,s ~.-,, -fai1tim IN the su't u IS ssi1
a. s4f,tty oa1v inta-faras f0v fhe pro-
..-..t,-, ~ r~ore-ty and taRt the govern
,,,or- ,,ss no property interests 4 sun
~t.-- rao'v is thGt fhe United states has
, --,0a-tv fn the mails. the protection
~ uhieh was one - she purposes ~ thjs
t~.a1.
,.T-r % a resent date cOmwf~.r. f-eth
Interstate ana iu1eruatjo1al. Vss mainly
hv water ara tt = not strange trat hofh
rha legislation ~ CcnErrSs aat che cases
eiuailv herewith. Tha fac that sa ---
cent years rhe Interstate commerce has
come mainly 20 30 earned cu fy rail-
roads ana over artificial hlrh~Havv mas
ssr uta manner narrowed tho S~aDa ~ no
-z7,sri iturfo~a} rroytsioH. o- sh~s7Es-3 he
es9we~ - congress over S1rH commerce
0n tha contrary the same ffls'rsss % con
- and tna same power 30 remove o.
efsarrz - kz =