The silver blade. (Rathdrum, Idaho) 1895-1903, 1895-06-01
POWER OF THE GOVERNMENT
The Opinion Was Unanimous and Estab
fishes a Precedent of Great
Importance.

washington, -. ", May N.-Ino
United States supreme court to-
day denied the application Of Eugene v.
Debs, the strike leader, for writ of
habeas corpus.
This is victory for the government.
No more important question, with the
single exception of the income tax. has
come before the supreme court during
the past year than the attempt of Debs
and other officers of the American Rail-
way Union to secure a reversal of their
sentences to Jail by Judge Woods for
interfering with interstate commerce
and the running of mails in the great
railway strike last summer.
The decision of the court was read by
Justice Brewer, and was unanimous,
there being no dissenting opinion. All
contentious of the government were sus-
tanned. The conclusions of the court
were that the government of the United
States has 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 these
limitations. 1t has power to invoke
the civil courts to remove Instructions
TO interstate commerce, and civil courts
had the right to enjoin those who made
distractions to such commerce The
injunction was no barrier to criminal
processes for acts done in violation Of
the injunction. The circuit court hav-
ing final jurisdiction, it's act was not re-
VleWaple by the supreme court on the
petition for writ of habeas corpus.
and therefore the writ was denied.
TWO POINTS INVOLVED.
The opinion of the court in substance
was as follows:
The case presented is this: The
United States, finding that the inter-
state transportation of persons and
property, as we'll as the carriage of
mails, is forcibly obstructed, and that a
conspiracy exists to subject the control
OF such transportation to the will of the
conspirators, applied to one Of the
courts of equity for an injunction to re-
strain such obstruction and to prevent
the carrying into effect Of such a con-
splracy. TWO questions Of Importance
are presented:
"First-Are the relations of the gen.
eral government to interstate COM
merce. and the transportation Of the
mails such as authorize the direct in
reference to prevent forcible obstruc-
ton thereof?
"Second-1f such authority exists. as
authority in governmental affairs i'm
plies both power and duty, has the court
OF equity jurisdiction to issue an iniunc-
tion In aid of the performance of such
duty?
'F'irst-What are the relations OF tho
government to state commerce and the
transportation Of the mails? Thew are
those of direct supervision. control ana
management. While under the dual
system which prevails with us. the pow
ers OF the government are distributed
between state and nation, and while the
latter Is properly styled q government
OF enumerated powers, yet within the
limits of such enumeration. it has All
the attributes of sovereignty, and in the
exercise OF those enumerated powers
acts directly on the citizens, and not
through the intermediate agency of the
state.
THE SECOND ISSUE.
"Second-Under the power vested in
to establish postoffices and
post roads, congress has, by a mass of
legislation; established the great post
once system OF the country, with all it's
detail of organization. it's machinery
Tor the transaction of business, defining
what shall be carried and what not. and
the price of carriage, and also prescrib-
lnS penalties for all offenses against it.
obviously these powers given to the ma
[lonal government over interstate COIN
merce and in respect to the transporAa-
ton OF mails are not dormant and IN
Used. Congress has taken hold of these
lwo matters and by various and spee lfc
Acts nad assumed and exercissd tlAe