The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-05-27

GERS of the American Railway
Union to secure a reversal of the SEN
tences to jail by Judge Woods for inter
running of the mails in the great rail-
way strike of last summer.
The history of the case is still fresh in
public memory, but it has Importance
beyond the question of the imprisonment
eff the A. r c. officers, because there is
largely involved the principle of the
right of judges having jurisdiction of
large interests by virtue of receiverships
created by them to prevent labor troubles
through the 1nstrumentality of injunc-
tions
Nearly one-third of the railway prop
erty of the United States being in the
hands of receivers appointed by federal
courts the precedent to be established
has wide application. Technically the
application for writ of habeas corpus
and certiorari arises from the case in
equity of the Union Trust company
against the Atchison, Topeka & Santa Fe
road since the receivership under which
the circuit court exercised jurisdiction
over the Santa Fe and its allied roads
was created in the case.
On the second of July, 1894, when the
great railway strike was threatening, the
receivers applied to Judge Woods, of the
circuit court for the northern district Of
Illinois, for an injunction against the A.
r. L. to prevent it from melting the en-
ployes to strike.
Judge Woods signed the order pre-
sented, which was a sweeping one, en-
joining the officers of the union from in
terfering with the mails, or with interstate
commerce or from destroying property;
from compelling or inducing the en-
ployes of the road to strike by violence
or intimidation, OF from aiding or abet-
ting them to do any of these things.
The A. r. Z. decrced strike on the
Illinois Central road, one of those iu-
cluded in the injunction, and the events
of that strike are matters of gen
eral knowledge. The officers of the
union were brought before Judge
Woods for contempt of court last
December E. V. Debs, the presi-
dent, was sentenced to six months
in jail and seven others: G. w. Howard,
| Sylvester Keliher, L. W. Rogers, James
Hogan, VIM. E. Burns, Roy NJ Goodwin
and Martin J. Elliott were sentencd to
three months.
1t appears that the injunction had been
personally served on the first four officers,
but Judge Woods held that its publica-
ton in the newspapers was sufficient
66EFlC0 III AISC1A lOL dA1 OA LA0 0OAOnQdukS
An application was made to
the supreme court for the release
of the eight officers of the union
| bv writ of habeas corpus,
pending decision of the supreme court,
| they have been given their freedom un-
der bail.
Counsel for Debs and his associates
base their application on the grounds
that their sentence without Indictment
and trial by jury was in violation of the
constitution, particularly its fifth and
sixth amendments; that the information
upon which they were convicted did
not show any violation of the
| Injunction. Also that the Injunction was
void because the bill asking for it stated
no case of which the court could take
cognizance and was in effect a bill by
the government of the United States tc
maintain the public peace and enioin
the violations of the penal code.
The arguments before the supreme
court by c. s. Darrow and Judge Lyman
Trumbull for the union, and General
Olney and Assistant Attorney General
| Whitney for the government, attracted
great attention.
The decision of the court was read by
Justice Brewer and was unanimous, there
| being no dissenting opinion. All conten-
| tions of the government were sustained
The conclusion of the court were thai
| the government of the United States
was having Jurisdiction over every foo