The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-28
DANGER TO LIBERTY.
Attorney Monteith Expresses Some
Forcfble Views on the Debs Habeas
Corpus Decision.

SoTpus Dec1SlOn.
No person in San Francisco has probably
watched the Debs contempt case more
closely than George w. Monteith, who SO
ably defended the railroad strikers, John
Cassidy and John Mayne, in their recent
trial before Judge Morrow and jury on
the charge of having INSTRUCTED the United
States mails and interrupted interstate
commerce during the strike of last July.
Here is what he has to say on the decision
of the United States Supreme Court refus-
ing President Eugene Debs of the Ameri-
can Railway Union a writ of habeas corpus
From the meager reports in the even
ing papers it is not easy to express an in
telligent opinion. 1t seems to me that the
court has rendered its decision on purely
technical grounds, i. e., that the lower
court had jurisdiction of the person of the
defendant and the subject matter of the
controversy, and that there being no ap-
peal provided there was no remedy in the
appellate court.
g In that view of the case it would not
be so far-reaching as otherwise, for, if 1
remember rightly, the question of the con-
stltutlonal power of a court to imprison as
punishment for contempt, without trial
trary, the whole matter was decided it
confronts us with the most serious condi-
ton in the history of the Republic.
at must be borne in mind that neither
the Federal constitution nor laws place any
limitation whatever upon the amount of
punishment that may be inflicted by a
Federal Judge in contempt case. The
six months allotted to Mr.. Debs might be
six years or sixty years, and there being
no tribunal to review the decision of the
Circuit Court, it matters not how mauy
rights may have been denied in any par
ticular case, there is no review for the I'M
fortunate contemner.
THE act of July 2, 1890, that conferred
jurisdiction upon the Federal courts to
punish contempts of this class is the most
outrageous statute that ever disgraced our
statute books. 1t is a piece of legislative
lnfamy, and If Congress can exercise such
power it is high time to take it away. Its
effect upon the liberties of the working
people cannot be overstated, for it is only
the right to be tried by jury of his peers
upon every question of his guilt that gives
the poor man fair show for his liberty
when he meets his oppressor in the crimi-
ioA Soui 70 eahC Oldt away anu CDe line
that will divide the workingman and the
slave is scarce shadow.
This decision must teach the working
people IN particular and all who earn their
own livelihood in general that the battle
of human liberty must once more be fought
before the blessings of freedom shall be
made secure. Indeed, it is but another in
dication OLA coming storm that many ex-
pect, but the magnitude of which few real
ize, for l believe that there is too much of
the old spirit left in the American people
to permit the loss Of single iota of the
heritage of American liberty secured us by
our fathers"
The local labor leaders are very unwill-
ing to be quoted concerning the decision.
as most of them are holding jobs which
might thereby be endangered. 1.-The only
thing for US to dc" said one of them last
night, sis to say nothing and saw wood.
The Railway Union will go on lust the
same whether Debs is in jail or out of iail.
but of course the decision does not set we'll
on our stomachs.
1.-The result of the appeal to the Supreme
Court is a complete surprise to US. The
decision may be good law-no doubt it is
since the Supreme Court makes it-but I
do not think they are dealing Justly with
the working people"