The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-01
POWER OF THE GOVERNED IT
The Opinion Was Unanimous aud Estab
fishes a Precedent of Great
Importance.

naDeaS corpus
This is a 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, II had sovereignty within these
limitations. 1t has power to invoke
the civil courts to remove distractions
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-
viewable by the supreme court on the
petition for a 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
Trff Cd 10 Zoe AL +I..N
state transportation of persons and
property, as well as the carriage of
mails, is forcibly INSTRUCTED, 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-
spiracy. Two questions of Importance
are presented:~
'First-Are the relations OF the gem
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-If such authority exists, as
authority in governmental affairs i'm
plies both power and duty, has the court
of equity jurisdiction to issue an injunc-
ton in aid of the performance of such
duty?
''First-What are the relations of the
government to state commerce and the
transportation of the mails? They are
those of direct supervision, control and
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 a 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
congress to establish postohices and
post roads, congress has. by a mass OF
legislation, established the great post.
Office system OF the country, with ali its
detail of organization. it's machinery
for the transaction of business, defining
what shall be carried and what not. anC
the price Of carriage, and also prescrib
ing penalties for all offenses against il
Obviously these powers given to the ma
tional government over interstate com
merce and in respect to the transporta
ton of mails are not dormant and un
used. Congress has taken hold of thes,
; two matters and by various and speciR,
acts had assumed and exercised tn,
powers given to It and was In the full
discharge of it's duty to regulate tn,
= carriage of mails. If the inhabitant!
of a single state, or a great body o
} them, should combine to obstruct inter
= state commerce or the transportation
Of the mails, prosecutions of such of
lenses had in such community would b.
/ doomed in advance to failure. And /
! the certainty of such a feature wer
: known. and the national government
had no other way to enforce the freedom
: Of interstate commerce and transporta
ton of the mails than by prosecution
: and punishment for interference there
= with, the whole interests of the natiol
I in these respects would be at the abso
5 lutte mercy Of a portion of the inhabi
' tants Of a single state.
] but there is no such impotency i'm tn
l national government. The entir
[ strength of the nation may be used I
5 enforce in any part of the land the ful
4 and free exercise of all national power
= and the security Of all rights entruste
/ by the constitution to its care. TIL
D strong administration of the nationa
e government may be put forth TO brus
q away all distractions to the freedom O
5 the interstate commerce or the transpoI
/ tation OF the mails. II the emergenc
e arnses the army Of the nation and a.
[ its militia are at the service Of the ma
ton to compel obedience to the laws.
I'm the case before us the right {