The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-03-27
ARGUING DEBS' CASE.
0luey On the Rights of the
Federal Government.
cYATE SOIL is NATIONAL SOIL
ue Claims Interstate Commerce Reg
nations Were Niolated-Darrow
Talks For the Railway Union.

- nc apDlfcation OF Eugene y.
rseas and others for writ Of naDeas
Ills for thc!r release from imprtson-
- uas resumed promptly on the optn-
- ~ me supreme court Of the United
go Al noon to-day Attorney General
60 made the FIRST argument. speaking
= shalt Of the government In opposi-
- "a the application. MIR Oiney said
- single question before the supreme
s@,,rf vas whether the court below had
ssrssdietion Of the case made by the
srsefnal bill and proceeded 10 show that
a. he viewed the matter u had. re de-
,n.ed but very little time 10 the discus
80 az the government technical reIa-
H. IN the mails and the mail bags. or
- the provisions OF the act of $50. which
- characterized as AN experimental
.feee ~ legislation" and passed Immsdi-
stsly 10 tho consideration Of the strike
- = violation OF Interstate commerce
-eo,,laiIops The interstate commerce
yaieh Is subject to the regulation of con-
g-sxs comprehends, he said, great yari-
s.x Of different subject matter. 10 is
beld as respects some of them. that in
the absence OF positive legislation there
on nv congress there may be action by
state But IL has always and universal
fx been conceded that the moment con-
gross does act upon any matter whieh il
tart Of commerce. from that moment the
s,rxaIctiOu OF the United States becomes
sbsoEgte and excludes all other authority.
Iussrrourse and transportation between
to states. and all the Instruments OF
.,thsf. are admittedly parts OF interstate
commerce. Transportation OF passengers
and freight by railroads is of course in
fluded Not only is that so. out II Is
also true that Interstate railroad trans
portatlon has been taken "a especial
csarge by congress. Having power TO
Control IL. congress has not permitted
the power TO lie dormant. but mas freely
and decisively exercised IL.
He then enumerated many of the fed
erai laws bearing on the question Of In
tsrstate traffic. including those applying
to the mail service. those relating 30 the
carrying OF live stock. and those rcq,iir-
ing the use Of certain kinds of brakes.
etc. But In this connection. and Tor the
purpose. he continued. Ii Is more i'm
portant 20 note the provisions Of several
Statutes which cover the whole field OF
Interstate railroad transportation and
show most conclusively the purpose OF
congress TO exclude every other source
and form OF regulation except It's own.
Section 5.25S OF the Revised Statutes de-
clares as follows:
Every railroad company whose road
Il operated by steam. its SUCCESSORS and
asslgnees. Is hereby authorized % carry
upon and over its road boats. bridges
anu IeffitS. any property bFa their way
from one state 20 another state, and 20
receive compensation therefor. and 10
connect with roads OF other states 80 as
TO form continuous lines. for the trans
porta ton OF the same 10 the place OF
their destination"
Having by this legislation made street
railroads interstate commerce carriers for
both governmental and private purposes.
congress. by the act Of 1857. known as
the Interstate commerce act inaugurated
measures more radical and comprehen-
sve than anything ever before attempted
by virtue OF It's power 10 regulate COM
merce- BY that act the principles in ac-
eordanee With which interstate transpcr-
tation shall be conducted are laid down
and defined. Their violation Is inhibited
under severe penalties. and to crown the
whole, all the Interstate commerce rail-
roads OF the country are practically put
n charge OF commission which IS 10
see 20 II that their duties az Interstate
carriers. as prescribed by congress. are
iafuily discharged. Finally. recognizing
ne existence Of an evil Of great magni-
tide. congress. by act OF October J. 1883
mae provision for the creation OF boards
Of arbitration to settle controversies be-
tween railroad companies and their en-
ployes which controversies are having
the effect OF hindering and interrupting.
As "A matter OF fact, he said. I'm July,
1874. Interstate railroad transportation
was being nterfered with IN the state OF
Illinois and the city Of Chicago. IL was
an Interference for which. with all It's
consequences and Incidents the present
petitioners are 10 the fullest extent re-
sponshle unless IL he true that men can
wantonly touch the match 10 powder and
yet be biameless because not rightly re-
allzing the ensuing devastations. unless
Il be true that those who seek IN execute
plot by any means possible in the open
shd taking the legal consequences upon
their heads. are To he branded as Grim
mails. while those who sit in an office
and hatch the plot and urge on It's con-
Summation, are 10 so unwhipped OF JUS
iiee. because OF their loud -mouthed profee-
sion Of virtue tn general and respect for
law ana order in particular
The attorney general admitted that II
was tho duty OF the state authorities 20
deal with certain phases Of the ofcuSes
committed. ami said: III Il had done so
promptly and vigorously the interruption
Of Interstate railway transportation might
possibly have not ceased hat Instead 81
their doing this. they allowed day after
day - pass marked either by total IN
activity ar by effort SO ill-directed and
inadequate as 10 aggravate all the evils
o. tho situation. Hence IL became ueCeS-
sary for the government to step in. not
only IN defense OF individuals. bat in
obedience 60 It's obligations 10 protect
interstate commerce. and because tt is
he duty % every government 10 exercise
Us functions whenever occasion requires.
AR olnoy then passed on 20 the con-
A1erauon of the means at the command
" he soNcr0mcnt for the suppression ~
ne strike the principal OF which were
NE courts. which must be depended upon
- Tar as practicable 20 deal with Il. Mr.
Nney then proceeded 10 consider the as
seTtion that the Chicago affair was eN-
eeP'touM 80 ,outroVcrt the allegation OF
errors Ia the court below. and in CLOSING
sad
What was done hV them m0l the courts
q chicago iD she SUNNI OF t>94 was done
% a conspicuous thoatcr. and dealt with
events striking io themselves. and on the
sale on which they were conducted. then
strongly appealed "a the imagination as
wen as - te. .Assious NJ men. The gov
eFnmrntS aetion was denounced from tire
outset as aoNel an 3 unprecedented. 50 that
4 even became NpCitent 70 publicly pro
t'a'm she right 4ut familiar principle thai
Tor Sire eX~rg'ion 81 the national func-
"e"S every ioot of every state IS national
Z ans rational property. Since then the
s''le policy has been pevStste9tly pursued.
@'sR the eoVer-Dsut sll ln equity thc in-
t"bNlion and the rrr-ecliuRS Tor contempt
nave al hern lraf. 81 condemned IS anon
anus eN'raor3f.afN ami evolutionary To
"@eh CHARGES ther, ,oal3 he no Inore &C.
t'>'f" arSNt~ th4u iS Furnished nv th.S
"sttir aHi hl fAr .c.t~nttonS Of thc re-
sptrttr t.4r-.-e-
Ar o'ryF ..s.' ~ o'clock ana was
promptly .-.lfv.-i ., Nir barrow SIS the
'tsie>. Hf t.r petitioners There WAS no
'''iaiti 80 oi th. a-t1rI.v general dur
~" -it-~ 't .> ~Sawcnt hs any
Ao'T r' ,re earr sa3 Be reserved tht