The herald., 1895-05-28


no other way to enforce the freedom of
intcrst. te commerce and the transporta-
tol of mails than by prosecution and
Punishment for interference herewith.
the whole interests of the nation in these
respects would be at the ab oiute mercy
of a portion of the inhabitants OF q single
state.
Bat there is no such impotency in the
national government. The entire strength
of the nation may be used to enforce III
any part of the land the full ANA free ex-
ercise OF all national powers and the Sc
curity of all rights entrusted by the con-
stituton to its care. The strong admin
istration of the nation may be put forth
to brush away all distractions to the
freedom of interstate commerce and the
trans portation OF the mails. If emergency
arises the army OF the nation and all It's
militia are at the service of the nation
to compel obedience to the laws.
In the case before us the right to use
force does not exclude the right of appeal
to ,he courts for a judicial determination
and for the exercise of all their powers of
prevention. Indeed. il is more to the
praise than to the blame Of the govern
ment tn t, instead of determining for it
self questions of right and wrong on the
part of thes petitioners and their asso-
ciates and enforcing that determination
by the club of the policeman and the pay
onet of the soidiesr, it submitted all those
questions to the determination of judi
cial tribunals. and invoked their consid-
Grafton and Judgment as though the mea-
sure of its rights aud powers and the CO.
relatives obligations OF those against
whom il made complaint And it is
equally to the credit of the latter that the
iudgmen: OF those tribunals was by the
great body of them respected and the
trouble which threatened 50 much disas-
ter terminated. Neither can it be doubt
oI tbat ha ,t hns !, N 1 pt.r-
est i'll the subject matter as enables it to
appear as party plaintiff in the suit 1t
is said that equity only interferes for the
protection OF property, and that the gov
ernment has no property. interests. y
sufficient reply is that the United States
have Il property interest in the mails, the
protection OF which was one OF the pur-
poses of this trial.
1t is apparent on the lace OF this bill
and we need not turn to the public his
tory Of the day, which only reaftirms with
emphasis all its allegations. The differ
ence between public nuisance and prl-
vate nuisance is that one affects the peo-
pie at large and the other simply the in
dividual. The quality of the wrong is
the same and the jurisdiction of the
courts over them rests upon the same
principles and goes to the same extent
The argument i'll opposition does not
question the Jurisdiction of the court.
but only the eXpediency. of the action OF
the government in applying for the pro-
cess. 1t surely cannot be seriously con-
tended that the court has jurisdiction to
enjoln on the obstruction of u highway
by one person. but that its jurisdiction
ceases when the obstruction is by hun
dred persons. 1t may be true. as suggest
ed, that in the excitement OF passion
mob will pay little heed to proce sses is
sued from the courts. and it is said by
counsel i'll argument that it would have
savored somewhat of the puerilles ridi-
culus to have made writ of injunction
to Lees army during the late civil war.
1t is DOUBTLESS true that inter arma
leges SILENT and in the throes of the re-
ballion or revolution the processes OF the
civil courts are of little avail fol the
power OF the courts rests on the general
support of the people and their recogni-
ton of the fact that peaceful remedies
are the true resort for the correction OF
wrongs. But does not counsePs argu-
ment imply too much? Is it TO be assum-
ed that these defendants were conducting
a rebellion OF lnaugurating revolution
or that they and their associates were
thus placing themselves beyond the reach
of the civil process OF the courts? What
ever any single individual may have
thought or planned, the great bod of
those who were engaged i'll these trans
actions contemplated neither rebellion
of legal proce ,dings the question of
right and wrong was submitted to the
courts and by them decided, they unhesi
tatingly yicl.ed to their decisions. The
outcome by the very testimony OF the de-
PENDANTS attests the wisdom of the course
pursued by the government and that it
was well not to oppose iorce simply by
force, but to invoke the jurisdiction on
and Judgment of those tribunals TO
whom by the constitution and in ac
cordance with the settled conviction of all
citizens is committed til . determination
of questions of right and wrong between
individuals. masses and states. A most
earnest and eloquent appeal was made to
us III eulogy OF the heroic spirit OF those
who threw up their employment and
gave up their means OF earning a living,
not in defense of their own rights, but
in sympathy for and TO assist others
whom they believed to have been
wronged.
:, We yield to none in our admiration of
any ct o heroism or sells ticc bu we
may be permitted to add that it is Il les
son which cannot be learned too soon
too thoroughly, that unuer this COVER.
ment and by the people the means OF
dress of all wrongs are through the courts
and the ballot box ana that MO wrong.
real or fancicd. carries with 1t the | gil
warrant to invite as a means of re ir.ss
the cooperation OF a mob with Its ac-
ompanying acts of violence.
We have given to this case most careful
and anxious attention, for we realize that
it touches closely questions of supreme
importance to the people OF this country
Summing up our conclusions We hold
that the government Of the United States
is one having jurisdiction over every
foot of soil within Its territory and act
ing directly upon each citizen; that while
1t is government of enumerated powers,
it has within the limits OF those powers
ali the attributes of sovereignty; that to it
is committed power over interstate COM
merce and the transmission of the mail:
that the powers thus conferred upon tile
national government are not dormant,
but have heen assumed AID put into
practical exercise by legislation of con-
gress: that in the exercise ofjthose pow
ers it is competent for the nation to re-
move all distractions upon highways.
natural or artificial, to the passage OF IN
terstate commerce or the carrying OF the
mail; that while it may be competent for
the government Through the executive
branch and in the use OF the entire eXecu-
tive power of the nation) to forcibly re-
move al such distractions, 1t is equally
within its competency to appeal to the
civil courts Tor an inquiry ana determine
tion as To the existence ana character a.
any alleged distractions. and ii such are
found to exist or threaten to occur. to in
woke the powers of those courts to remove
or to restrain such obstacles: that the
Jurisdiction OF courts to- interfere in such
matters by injunction is one recognized
u nat nv II al II ital1 1a