The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-27
Mr.. 0LNEY HAS HIS SAY
He Views the Dab3 Case, Not From the
Peoples Side.
THE ARGUMENTS CLOSED
The Hearing of the Celebrated A.
r. u. Troubles Ended and
Awaiting the Supreme
Court Decision.

WASHINGTON. March 26.-Thc hearing
| of the application of Eugene V. Debs and
others for n writ of habeas corpus for re-
lease from Imprisonment. was resumed
In the supreme court AZ noon to-day. At
torney General Olney made the first argu-
ment, speaking III opposition to tho appli-
cation. He said the single question be :
fore the supreme court was whether tho
court below had jurisdiction in the case
made by the original bill. and proceeded
to show, as he stated that il had.
He devoted very little time to discussion
OF the governments tcchn cal relation to
the mails, but passed to consideration OF
the strike as n violation of the interstate
commerce regulations. Ho enumerated
many federal laws bearing on the ques-
ton OF interstate toafilc and noted pro-
visions of the general statutes which
cover the whole field of interstate railroad
transportation. and show most con-
clusively, he declared, the purpose of con-
gress was TO exclude every other source
and form of regulation except its own.
Olney asserted that interstate railroad
transportation was being interfered with
in Chicago in July, 1891, and the present
petitioners were to the fullest extent re-
sponsible. The state authorities, by in
activity or ill-directed efforts. aggravated
the evils of the situation. Hence it be-
came necessary for the government to
step in, not only in defense of individ uals,
but obedient to its obligations to protect
interstate commerce.
As a matter of fact, ho said, i'm July,
1884, interstate railroad transportation
was being interfered with in the state of
Illinois and the city of Chicago. 1t was
this interference for which, with all it's
consequences and incidents, the present
petitioners are to the fullest extent re-
sponsible. Unless il be true, then those
who seek to execute a plot by any means
possible in the open, and taking 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
on its consummation are to go unwhipped
of justice because of the loud-mouthed
profession of virtue in general and respect
for law and order in particular. Olney
then proceeded to consider tho assertion
that the Chicago affair was exceptional
and to controvert the allegation of errors
in the court below.
Olney closed at 1 o'clock and was
promptly followed by Mr.. Darrow IN the
interest of the petitioners. Darrow OPEN
ed by saying that he agreed with Oiney
Not only was il of importance to the cor
porations but to countless millions of
working people. He asserted that the
attorney general had overlooked the in
terest OF this latter class in his argument,
as he had also overlooked the fact of
the danger to civil liberty embraced in
the case. He replied to Olney's criticism
of the failure of the state courts to take
proper cognizance of the acts of violence
accompanying the strike, declaring that
the state had been over anxious to pre-
serve the peace and was capable of doing
so. III the contrary had been the case the
United States troops could be called on,
but there was no excuse under the law
for appealing to the federal courts. He
contended that the interstate commerce
act was not applicable, as that law
was enacted for the purpose of dealing
with and restricting the operations of the
railway corporations. Ii was charged that
the officers of the A. Il. u. had sent tele-
grams ordering strikes, but il had been
shown that these kilograms advised
observance of the law. The original
bill itself was free from such a charge.
III then, these men had committed
no offense, there was no power in the
court to commit them for contempt.
Could the equity power of the courts bo
resorted to because congress had not seen
fit to provide an adequate penalty for
certain olfenses? IL such a state of af-
fairs as pictured by the attorney general
did really exist in Chicago. the situation
was one with which tho executive should
have dealt with through the military.
Darrow concluded with n personal ap-
peal on behalf of his clients. Ho con-
tended their acts were not criminal Dar-
rows argument was the last in the case,
aud when he finished the court proceeded
with other business on its calendar. A
decision will probably be rendered before
the adjournment in May.