New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-27

Washington March e.-Argu-ent In the De5s
Gaze was concluded IN the United States Supreme
Court to-day. Aforementioned Olrey the FIRST
speaker. He argued against granting The release
Of Debs and his associates. saying. in part.
The single question now for hearing Your Holors.
Is whether the court below had Jurisdiction @. the
case made by tie or.gina. bill one leading o.
lection made 10 it has been that the United states
was vlthou. any property in;eres. 10 De protected
ty the bill That objection however. even Il II
iirsIv uhtSunded IN p5nt o TACT by the Govern
ment's ownership OF mal!baSs and By rs posses-Vl!
ram r.p 90 i1 TSai the aei " 10! apples to
such restraints upon interstate commerce a nose
set forth In the bills. and that IN It's Section !
is complete authority and justihca.!on Tor the hi!
Il statutory authority and justification be needed
Nevertheless. under all the circumstances OF this
Jurisdiction Of the court below should be ,housht
10 turn upon the Governments technical relation
depend upon the novel provisions 81 az sApeT-
mental piece o. legislation ike the act OF lsy. IN
defended on other and broader grounds, ul.h
grounds which completely JUSTIFY the ,foVernmcn!
mails. ard quite independently OF the at % lSD
~ has always and universally been conceded mat
which ia part OF the interstate commerce, from
that moment the jurisdicuon o. the nited sta-es
IavnS power TO control H. Congress mas hog per
mitteq the power 10 lie dormant, bui has freely
As a mater Of law. in July 1897. Federal lesisia
ton haI put interstate railroad Transportation into
the exclusive kee ping OF United states. and had
As a mater Of fact in Juiy' 1894 interstate rail-
road transportation as being .nierierei with in the
State Of Illinois and tie city OF Chicago. The inter
ference was on az Immense scale IL included all the
twenty Or twenty-five railroads centrlng in Cal
Cgo, with their 1900 miles OF track al! OF whose
operations were practically, paralyzed the inter
persuasion or cajOiery, nor even b. threats only
the derailrnent Of trains. with destruction Of
signal towers and other appliances for the safe
and emp oyes, by which many were killed and many
full - alton Of entire districts ard terrorizng en-
tire communities II vas an interference FOR wnicn,
petitioners are to the fullest extent responsole IN
less 1t be true that men can wantonly touch the
De true that men can make vehement Appeals LOT
~, Whirh tha s6rnethng can be done; unless 1t be
only means possible. In the open and taxing me re-
ed criminals whlle those VINO sit in an ONCE and
hatch the plot and urge on It's consummauom arr
professions OF virtue in general and respect for NV
and order in particular. Il was an interference win
guerces Of the most extensive, the most runous and
the most irreparable CHARACTER The metropo.Hs o
the West the great centre for the reception OF .o1
products and for their distribution North ana South
and East, not simply deprived OF us trace anu
subjected the immense pecuniarN losS arising
from such deprivation. 1t was not simply c9t OF. on
from social and commerea I'M media Of
the telegraph and the telephone. But It's men wonl-
en- and ch 6an GnTed Of Re Ty Of
lfeof Ice and OF milk and OF coal ana g., OF bs .ee
days to comfort: II nov ,S %ere from Within Ck,
cago was very much in the position or Deleagueren
civ about to be reduced to submission by the slow
but sure processes Of starvation and famine
THE DUTY OF THE GOVERNMENT
The duty of relieving interstate railroad trans
portaton from the letters the present petitioners
and their confederates putting upon II at Chi
rIy dov n July IeNOlTeO, be-
vond all question. upon the United States. what
fitting remedies in Its courts then did the United
States have in the summer of 1874? 1t had submit
with great confidence the exact remedy whch II dld
apply for and which the courts did IN TACT turhish
If had the right to go into its courts OF equity to
set out the facts by proper bill. and to ask that
upon those facts the defendants and their Gomez
crates should be restrained from wrongful inter
runtion Of interstate railroad transportation. which
was working private and pubic in)ury OF the hiosi
me right to bring such a bin and ask and to get
such relief on the most incones iaOe co,,rts
under circumstances which authorize private lndI-
vduals to resort to them end Gr ,ne sS,r pre
sented a case OF equitable coSnZance beyond az
cavil case TO which criminal prosecutions c ase
actions for damages were whoIiy inadequaie , T
involving innumerab;e suits and great and entreH
rreparabe injury unless me 1br"rb the re-
stralnng orders Of court OF equity. ,odo
by the Government bill being conceded because m
disputabe, the real contention is that the tmte eT
States was not pLopSr hip p"n Having no direct
property interest involved, the United states II IL
claimed could not be plaintiff in such bill without
express enabling legislation on the part OF CongrT
But this proposition | submit Is neither souni III
r ana anv To- protec, by suit the subject matter
OF the in no wise affected because ne -
rerards interstate railroad transportation,
what is the United States but trustee Tor al
narties and interests conceTnCia trustee bound py
its relations 10 the states we'll as to individuals
at law or IN equity WmehSVer SUBJ onu sun ,ters
being a body OF Federal legislation enacting IN SUD-
stance that interstate Iaroaa yss bound
10 deal with the Chicago situation OF July, iSt Oh
that bas 1t was bound to make that LEGISLATION
1t was bound. therefore. TO invoke the equty pSS
facts made a case of equitable cognizance 10 which
EQUITABLE remedies were peculiarly applicable
The Attorney General devoted some time 10 pres
entation Of the matter OF procedure In contempt
cases and the power of courts to control il to the
last extent and passed then consider other ooJec
tions to the bill in equity in qreston; that 1t IS
bill TO enforce pena. statutes and TO punish ioi
crimes and that if such bills can be maintaihed
and injunctons Hereunder be enforced by process
OF contempt the constitutional right OF TIA! oS
Jury is impaired In conclusion he said
What was done by the Government and Its courts
at Chicago N the summer OF 1921 was done on Pm d
conspicuous theatre and dealt with events strlkls
in themselves and in the scale on which they were
conducted and which Strongly appeA;;eo 10 i iis
acton was denounced from the outset as novel ana
| unprecedented. 50 that 1t even became eNpedleH1
pubcly TO proclaim the trite and familiar principle
that for the execution OF Nationa! functions ever
foot OF every state i National sol! and Natonsi
nropertv Having deal with an extraordinary anu
UNIQUE situation Il had the good fortune that TN
ing MAS needed but the firm ana fear.ess app--Sd,
ton OF Old and WEI established principles II 1.I
apolv them and applied them with success whlch
is the ROOF OF al the bitterness with which Us ac-
lion has since been assaed 1t was a success I'M
mensey important in immediate results as wen as
rre1,lV reassurng for the future. IL demon
strated the inherent excellence o: ,hat syS-
tenn OF Jurisprudence with whose inheriIance. We
bavo been b.es.ed and whose principles ana methods
! have never failed to be adequate 10 the VARYING
eXigencies Of progressive CIVILIZATION. !. IuI t.'e
ana ieep-seated regard and respect for the laws OF
,ho and as administered through the courts wncn
rs Yer hAen a characteristics as we'll as chief
safeguard Of institutions. and which enao.es US
N presant 10 the word the astonishing spectacle
! Of a Nation of 100000 peop.e to whom staining