The herald., 1895-03-27
Talk of the Attorney General in
the Debs Case
JURIsDICTIONAL QUESTION
Little or no Attention Paid to Technical
Matters
The Interstate Law As Laid Down by Con-
gress Discussed at Considerable Length
by the Great Attorney

WASHINGTON, March 26.-The hear
Ing on the application of Eugene V. Debs
and others for writ Of habeas corpus
for their release from Imprisonment was
resumed promptly on the opening OF the
Supreme Court of the United States at
noon today. Attorney-General Olney
made the first argument, speaking in be-
half Of the government in opposition to
the application:
Mr.. Olney said the question before the
supiem Court was whether the court be-
low had jurisdiction of the case. made by
the original bill, and proceeded to show
that as be viewed the matter it had. lie
devoted but very little time to the discus
sion to the governments technical rela-
ton to the mails and the mail bags or to
the provisions of the act OF 1890. which he
characterized as an experimental piece
of legislation" and passed Immediately
to the consideration OF the strike as vio-
lation of interstate commerce regulations,
The interstate commerce, which is SUBJECT
to the regulation of Congress, compre-
bends, he said great variety OF different
subject matter. 1t is held as respects
some of them that in the absence OF
positive legislation thereon by Congress
there may be action by state. But 1t
has always and universally been conceded
that the moment Congress does act upon
any matter which is part :of commerce,
from that moment the jurisdiction OF the
United States becomes absolute and ex-
cludes oil other authority. Intercourse ana
TRANSPORTATION between the states and all
the instruments of either are admittedly
parts Of interstate commerce. Iranspor-
tation of passengers and freight by rail-
roads is, of course, included. Not only is
that so, but it is also true that interstate
railroad transportation has been taken
in special charge by Congress. Having
power to control it, Congress has not per-
United the power to lie dormant, but has
freely and decisively exercised it. lie
then enumerated many of the federal laws
bearing on the question of interstate traf-
fic, including those applying to the mail
service, those relating to the carrying of
live stock and those requiring the use OF
certain kinds of brakes, etc. But IN this
connection, and for the purpose, he con-
tiued, it is more important to note the
provisions of several general 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 its own. Section o22S
Of the Revised Statutes declares as fol-
lows EVERY railroad company whose
road is operated by steam, its successors
and assigns, is hereby. authorized to carry
upon and over its road, boats. bridges and
ferries any property Oh their way from
one state to another and receive compen
sation therefor and to connect with roads
of other states so as to form continuous
lines for the transportation of same TO
the place of their destination.
Having by this legislation made street
railroads interstate commerce carriers Tor
both Government and private purposes,
Congress by the act of 1887. known as the
interstate commerce act, inaugurated
measures more radical and con- prehensive
than anything ever before attempted by
virtue OF its power to regulate commerce.
By that act the principles in accord
ance with which interstate transportation
shall be conducted are laid down and de-
fined; their violation is inhibited under
severe penalties. and to crown the whole.
all the interstate commerce railroads OF
the country are practically put in charge
of commission which is to see to it that
their duties as interstate carriers as
prescribed by Congress are faithfully dis
charged. Finally, recognizing the exist
ence of an evil of great magnitude Con
gress, by act of October l, 1888. made
provision for the creation of boards of ar
bitration to settle controversies between
railroad companies and their employees
which controversies are having the effect
of hindering and interruptlng.
As a matter of fact, he said, in July,
1894, interstate railroad transportation was
being interferred with in the state OF
Illinois and the city of Chicago. 1t was
An interference for which with all its con-
sequences and incidents the present pc
titioners are to the fullest extent respons-
ible, unless it be true that men can wan
tonly touch the match to powder and yet
be blameless because not rightly realizing
the ensuing devastation; unless 1t be true
that those who seek to execute a plot by
tla a t, l.
ing the legal consequences upon their
heads. are to be branded as criminals
while those who sit in an office and hatch
the plot and urge onltS cOnsummati on,
are to go unwhipped of justice because of
the loud-mouthed profession of virtue III
general and respect for law and order in
particular.
The Attorney General admitted that it
W as the duty of state authorities to deal
with certain phases of offenses committed
and said:
If they had done so promptly and Wig
orously. the interruption of interstate
ailway transportation might possibly
have not ceased, but instead If their do.
ing this they allowed day after day to
pass marked either by total inactivity or
by effort so ill-directed and inadequate as
to aggravate all the evils OF the situation.
Hence it became necessary for the Gov
eminent to step in not only in defense of
lnuFluua DuL III ODeuleUCe 10 lUS ODllgd-
tions to protect interstate commerce and
because it is the duty or every government
TO exercise its functions whenever occas-
ion requires"
Mr.. Olney then passed on to the consid-
tTaton of the means at the command of
che Government Tor the suppression of
the strike, the principal one Of which was
the courts, which must be depended upon
30 far as practicable to deal with it.
! Mr.. Olney then proceeded to consider
the assertion that the Chicago affair was
exceptional, and to controvert the allega-
tion of errors in the court below, and in
closing said:
What was done by tie Government
and its court at Chicago in the summer Of
1894 was done on conspicuous theater
and dealt with events striking in them
selves and in the scale on which they
Swept by Cyclone
OF appreciation to the pinnacle of popularity