The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-27

countess Millions of Working
People-Taken Under Advisement.
Washington. March 26.-The hearing
on the application of Eugene V. Debs
and others for a writ of habeas corpus
for their release from Imprisonment,
was resumed promptly on the opening
of the supreme court of the United
States today. Attorney-General Olney
made the first argument. speaking in
behalf of the government in opposition
to the application.
The Single Question.
Mr. Olney said the single question
before the supreme court was whether
the court below had jurisdiction of the
case made by the original bill and he
proceeded to show that as he viewed
the matter it had He devoted but very
| little time to the discussion of the
governments technical relation to the
mails and the mail bags or to the pro-
visions of the act of $780, which he
| characterized as "an experimental
piece of legislation and passed i'm
mediately to the consideration of the
strike as a violation of interstate COM
merce regulations. The interstate COM
merce, which is subject to the regula-
| ton Of Congress. comprehends, he said,
a 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 a state. But it has
| always and universally been conceded
that the moment Congress does act
upon any matter which is part of COM
merce, from that moment the jurisdic-
! of he TTnifpd q h.
solute and excludes all other author
/ fty. Intercourse and transportation be-
tween the states and all the instru-
ments of either are admittedly parts of
interstate commerce. Transportation
of passengers and freight by railroads
/ is, of course, included. Not only is
| that so. but it is also true that inter
state railroad transportation has been
| taken in especial charge by Congress.
Having power to control it, Congress
has not permitted the power to lie
dormant. but has freely and decisively
| exercised it.
| Purpose of Congress-.
He then enumerated many of the
federal laws bearing on the question
of interstate traffic. including those ap-
plying to the mail service. those re-
lating to the carrying of live stock
! and those requiring the use of certain
kinds of brakes, etc. But in this con-
! nection and for the purpose, he con-
tinued. it is more important to note the
provisions of several general statutes
which cover the whole field of inter-
state railroad transportation and show
most conclusively the purpose of Con-
i gress to exclude every other course
and form of regulation except its own.
Section 525S of the Revised Statutes
declares as follows:
Every railroad company, whose
road is operated by steam, its success
sorS and asSignees is hereby authorized
to carry upon and over its road, boats,
bridges and ferries, any property on
their way from one state TO another
state and to receive compensation
therefor and to connect with roads of
other states so as to form continuous
lines for the transportation of the
same to the place of destination"
Having by this legislation made
street railroads Interstate commerce
carriers for both governmental and pri-
vate purposes, Congress. by the act OF
1887 known as the interstate commerce
act, inaugurated measures, more radi-
cal and comprehensive than anything
ever before attempted by virtue OF its
power to regulate commerce.
Interstate Commerce.
By that act the principles in accord
ton shall be conducted are laid down
and defined, their violation is inhibited
under severe penalties, and to crown
the whole, all the Interstate commerce
railroads of the country are practic.
ally put in charge of a commission
which is ito see to it that their duties
as interstate carriers as prescribed BY
Congress are faithfully discharged
Finally, recognizing the existence of ar
axyi1 Of pT1ifnda (t0norlcc h
act of October 1, 1888, made provision
for the creation of boards of arbitra,
ton to settle controversies between
railroad companies and their employ
ees, which controversies are having the
effect of hindering and intsrrupting.
AS a matter of fact, he SD, in July
1894, interstate railroad transporta,
ton was being interfered with in the
| state of Illinois and the city OF
Chicago. 1t was an interference fol
which with all its consequences ani
incidents, the present petitioners are
to the fullest extent responsible, unleS.
|, it be true that men can wantonly
touch the match to powder, and yet b'
! blameless because, not rightly realiz
ing the ensuing devastation unless i
be true, that those who seek to exc
cute a plot by any means possible IL
the open and taking the legal conse
ouences upon their heads, are to b'
| branded as criminals, while those whit
: sit in an office and hatch the plot ana
urge on its contamination. are to 81
unwhipped of justice because of th'
loud-mouthed profession of virtue il
general and respect for law and orde
. in particular
Duty of Local Authorities.
: The encouragement admitted tha
it was the duty of state authorities t.
: deal with certain phases of the of
lenses committed, and said:
IF they had done so, promptly anC
5 vigorously, the interruption of inter
: state railway transportation Nigh
: possibly have ceased; but instead O
: their doing this they allowed day aftel
: day to pass, marked either by tota
| inactivity or by effort, so ill-directet
/ and inadequate as to aggravate al
/ the evils of the situate n. Hence i
became necessary for the government