Evening star., 1895-05-27
DENIED. TO DEBs
His Application for a Writ of Ha-
beas Corpus.
SUPREME COURTS UNANIMOUS DECISION
A Complete Victory for the Gov
eminent.
0 T II E r D E G S 0 n S

The United States Supreme Court today
denied the application of Eugene V. Debs,
the strike leader. for writ of habeas
corpus. This is victory for the govern
ment.
The decision of the court was read by
Justice Brewer, and was unanimous, there
being no dissenting opinion. All the con-
tentions of the government were sustained.
TIE conclusions of the court, as an
rounced in Justice Brewers opinion, were
that the government of the United States
was one having jurisdiction over every foot
of soil and over every individual within
the boundaries of the United States, and
that, while it was one of limited powers, it
had sovereignty within those limitations.
1t had power to invoke civil courts to re-
move distractions to interstate commerce
and the civil courts had the right to en-
join those who made distractions to such
commerce. The injunction was no bar to
ton of the injunction. The Circuit Court
having final Jurisdiction its act was not
renewable by the Supreme Court on a
petition for writ of habeas corpus, and
therefore the writ was denied.
Importance of the Case.
No more importan question, with the single
exception of the income tax, has come be-
year than the attempt of eugene V. Debs
and the other officers of the American
Railway Union to secure a reversal of their
sentences to Jail by Judge Woods for in
terfering with interstate commerce and
the running of the mails in the great rail-
way strike of last summer.
The history of the case is still fresh in
the public memory, but it has Importance
beyond the mere question of the imprison-
ment of the American Railway Union Of
ficers. because there is largely involved the
principle of the right of judges having
jurisdiction of large interests by virtue of
receiverships created by them to prevent
labor troubles through the inStrumentality
of injunctions. Nearly one-third of the
railroad property of the United States be-
ing In the hands of receivers appointed by
the federal courts, the precedent to be es-
tablshed has wide application.
History of the Cnse.
Technically the application for a writ of
hateas corpus and certiorari from the case
in equity of the Union Trust Company
against the Atchison. Topeka and Santa Fe
road, since the receivership, under which
the circuit court exercised jurisdiction over
the Santa Fe and its allied roads was ere
ated in that case. On the I'd of July. 1884.
when the great railroad strike was threat
ening. the receivers applied to Judge Woods
of the United States circuit court for the
northern district Of Illinois for an injunc-
ton against the American Railway Union
to prevent it from melting the employees to
strike. Judge Woods signed the order pre-
sented, which was a sweeping one, enjoin-
ing the officers of the union from interfer-
ing with the mails or with interstate COM
merce or from destroying property; from
compelling or inducing the employees of the
road to strike by violence or intimidation,
or f1om aiding or abetting them to do any
of these things
The American Railway Union decreed
strike on the Illionis Central road, one of
those included in the Injunction, and the
,tr of hot t,,str
knowledge. The officers of the union were
brought before Judge Woods for contempt
OF court last December. E. V. Debs, the
president. was sentenced to six months in
Jail, and seven others, George w. Howard,
Dylvester keliher, L. W.>RogeFs, James
Hogan, William e. Burns, Roy NJ Good
win and Martin j. Elliott, were sentenced
to three months. 1t appeared that the in
junction had been personally served on the
first four officers, but Judge Woods held
that its publication in the newspapers was
sufficient service in itself for all the de-
PENDANTS.
Contentious Of Counsel.
An application was made to the Supreme
Court for the release of the eight officers
of the union by a writ of habeas corpus,
and pending the decision of the Supreme
Court they have been given their freedom
under bail. Counsel for Debs and his as
sociates base their application or the
grounds that their sentence without in
III
tion Of the Constitution, particularly its
fifth and sixth amendments; that the in
formation upon which they were convicted
did not show any violation of the injunc-
tion. Also that the injunction was void,
because the bill asking for 1t stated no
case of which the court could take cogni-
zance, and was in effect bill by the gov
ernment of the United States to maintain
the public peace and enjoin violations of
the penal code.
The arguments before the Supreme Court
by c. S. Darrow and Judge Lyman Trum-
bull for the union and Attorney General
Olney and Assistant Attorney General
Whitney for the government attracted
great attention.
The Geury Act Constitutional.
The Supreme Court today affirmed the
constitutionality of the Geary Chinese eX-
clusion act in the case Of Lem Moon Sing,
the California Chinaman, who left this
country and was refused admission. JUS
tice Harlan in the oninion ,said that the
statute intrusted to the collector the pow
er of passing upon the facts III the case.
Lem Moon Sing contended that he had ac-
quired a domicile as a citizen of the United
States before the passage of the exclusion
act.
The Justice said that if the courts were
to review the decisions of the collectors in
such cases it would bring great numbers
Of cases before the courts and defeat the
intention of Congress to have the law en-
forced by executive officers. The only rem
edy of the appellant was an appeal to the
supreme officer of the collector, the Secre-
tary of the Treasury. The court refrained
from expressing an opinion as to the merits
of the case and the judgment of the court
below denying the application for the writ
was affirmed Justice Brewer dissented.
State Tax Law Sustained.
The Supreme Court today passed upon the
validity of the state law Of Pennsylvania
laying a tax on tolls taken by railway
company for the use of another company
the other company being engaged in inter-
state commerce, and sustained the law.
The case was that of the New York, Lake
Erie and Western railroad against the state
of Pennsylvania. The decision sustained
the supreme court of the state. similar
opinion was given in the cases of the Tioga
railway and other companies, in which the
same question was involved.
Application Denied.
The Supreme Court today denied the ap-
plication made last week by Attorney
James C. Carter of New York, for leave to
file an application for a writ of habeas
fo, II Do, ,,lylo Do,