Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1895-06-01
DEBS GOES TO JAIL
Court Deei les Adversely oc His
Appeal.
POWER OF THE GOVERNMENT
The opinion Was Unanimous and Es1ab
I1shes Precedent Of Great
Importance.

/
day denied the application of Eugene v
Debs, the strike leader, for a writ o
habeas corpus.
This is victory for the government
No more important question, with tht
single exception of the income tax, ha:
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 theil
sensences to jail by Judge Woods fol
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 We're sus-
ti-1ned. 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, 1t had sovereignty within these
limitations. 1t has power to invoke
to interstate commerce, and civil courts
had the right to enjoin those who made
opstfuct1ons 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, its act was not re-
VleWable by the supreme court on the
petition for q writ of habeas corpus,
ana therefore the writ was denied,
TWO POINTS INVOLVED.
The opinion Of the court in substance
was as follows:
The case presented Is this: The
United States, finding that the inter
state transportation Of persons and
property, as well as the carriage of
mails, is forcibly obstructed. and that a
conspiracy exists to subject the control
OF such transportation to the will Of the
consplrators, 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-
splracy. Two questions Of Importance
are presented:
"tirst-Are the relations Of the gen
eral government to interstate COM
merce, and the transportation of the
mails such as authorize the direct in
terference to prevent forcible obstruc-
ton thereof?
Second-lf such authority exists, as
authority In governmental affairs i'm
plies both power and duty, has the court
Of equity jurisdiction to issue an tnjunc-
ton in aid Of the performance Of such
duty?
"First-What are the relations Of the
government to state commerce and the
Of the mails? They are
those Of direct supervision, control and
While under the duaI
system which prevails with US. the pow
ers q 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 enumera ton, it has all
the attributes Of sovereignty, and in the
OF those enumerated powers
acts directly on the citizens, and not
through the intermediate te agency Of the
state.
THE SECOND ISSUE.
Second-Under the power vested In
congress TO establish postoffices and
post roads, congress has, by mass Of
eglslaton, established the great post
office system Of the country, with all it's
ietaI OF organization, its machinery
For the transaction Of business. defining
what shall be carried and what not, and
the price of carriage, and also urescr;b-
nG penalties for all offenses against it
obviously these powers given to the ma
-ional government over interstate com
ne md in, ~
lion Of mails are not dormant and un-
lsed. Congress has taken hold of these
-Wo matters and by various and specific
acts mad assumed and exercised the
powers given to It and was in the full
lscharge OF is duty TO regulate the
carnage OF mails. II the inhabitants
Dt a single state, or great body Of
hem, should combine to obstruct inter-
state commerce or the TRANSPORTATION
IF the mails, prosecutions of such Of
lenses had i'll such community would be
doomed in advance to failure And IL
he certainty of such a fea ture were
Known, and the national government
lad no other way to enforce the freedom
IF interstate commerce and transporta-
ion of the mails than by prosecution
md punishment for interference there
With, the whole interests of the nation
Il these respects would be at the abso-
ute mercy of a portion Of the inhabi-
ants of a single state.
But there is no such impotency in the /
national government. The entire |
strength Of the nation may be used to
enforce in any part Of the land the full
md free exercise Of all national powers |
md the security of all rights entrusted
)y the constitution to its care. The |
strong administra ton of the national
government may be put forth to brush |
tway all Instructions to the freedom of /
he Interstate commerce or the transpor- |
alton OF the mails. If the emergency |!
srnses, the army of the nation and all |
IS militia are at the service of the ma
ion to compel obedience to the laws.
"In the case before US the right to |
lse force does not exclude the right Of |
lpeal to the courts for judicial deter,ni- |
lation and for the exercise CT all their /
'owers Of prevention. Indeed, it is |
more to the praise than to the blame Of I
he government that Instead Of deter |
mining for itself the questions of right /
md wrong on the part of these petition
RS and their associates, and enforcing |
hat determination by the club Of the
policeman and the bayonet of the SOL
lier, 1t submitted all those questions to |
he determine ton Of judicial tribunals, |
md invoked their considerable and
Judgment as to the measure of its rights
md powers, and the co-relative obli-
cations Of those against whom it made |
complaint. And it is equally to the
.redit Of the latter that the judgment |
# those tribunals was by the great
,ody Of them respected, and the trou-
,les which threatened so much disaster
erminated.
Neither can it be doubted that the
has such an interest in the
subject matter as enables it to appear
Is party plaintiff in the suit It is said |
hat equity only interferes for the
protection Of property, and that the
has no property interests.
\ sufficient reply is that the United |
states has property in the mails, the |
protection Of which was one Of the pur-
,osss of this trial"