The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-27
so DECLARES MR.. OLNEY.
The Inactivity of the State Az
gravated All the
Evils.
THEN UNCLE SAM TOOK HOLD.
Argument of the Acknowledgement
ain Support of Debs' Con-
Viction.

WASHINGTON, D. c., March 2e.-The
hearing on the application of Eugene V.
| Debs and others for writ of habeas corpus
for their release from imprisonment was
resumed promptly on the opening of the
| Supreme Court of the United States at
noon to-day. Attorney General Olnev
made the first argument, speaking in be-
half of the Government in opposition to
the application.
| 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 proceeded to show
that as he viewed the matter it had. He
devoted but very little time to the discus
sion of the Governments technical rela-
ton to the mails and the mail-bags or to
the provisions of the act of 1890, which he
characterized as ian experimental piece
of legislation" and passed immedi-
ately to the consideration of the
strike as a violation of interstate
commerce regulations. The interstate
commerce, which is subject to the regula-
ton of Congress, comprehends, he said, a
| great variety of different subiect-matter.
| 1t is held as respects some of them that in
the absence of positive legislation thereon
| by Congress there may be action by State
But it has always universally been con-
coded that the moment Congress does act
upon any matter which is part of COM
merce from that moment the Jurisdiction
of the United States becomes absolute and
excludes all other authority Intercourse
and transportation between the States and
all the instruments of either are admittedly
| parts of interstate commerce. Transpor-
tation of passengers and freight by rail-
roads is of course included Not only is
that so, but it is also true that interstate
railroad transportation has been taken in
especial charge by Congress- Having
power to control it Congress has not per-
mitted the power to lie dormant, but has
freely and decisively exercised it.
He then enumerated many of the Fed
eral laws bearing on the question of inter-
state traffic, including those applying to
the mail service and those relating to the
carrying of livestock. But in this connec-
| ton and for the purpose, he continued, it
jois more important to note the provisions
of several general statutes which cover the
whole field of interstate railroad transport
| tatlon and show most conclusively the
| purpose OF Congress to exclude every other
source and form of regulation except its
own. Section 525S of the Revised Statutes
| declares as follows: "Every railroad COM
pany whose road is operated by steam, it's
successors and assignees, is hereby author
lied to carry upon and over its road, boats,
bridges and ferries, any property on its
| 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 transporta-
ton of the same to the place of it's des-
| tination."
| Having by this legislation made street
| railroads interstate commerce carriers for
both Governmental and private purposes
Congress, by the act of 1887, known as the
! interstate commerce act, inaugurated
measures more radical and comprehensive
than anything ever before attempted by
virtue of its power to regulate commerce.
By that act the principles in accordance
with which interstate transportation shall
! be conducted are laid down and defined
their violation is inhibited under several
penalties, and to crown the whole all the
interstate commerce railroads of the coun-
try are practically put in charge of COM
mission, which is to see to it that their du-
| ties as interstate carriers, as prescribed by
Congress, are faithfully discharged. Fl.
nally, recognizing the existence of an evil
of great magnitude, Congress, by act of
| October 1, 1888, made provision for the Gre
alton of boards of arbitration to settle con-
troversies between railroad companies and
| their employees, which controversies are
| having the effect of hindering and inter-
| rupting.
! AS matter Of fact, he said, in July,
| 1894, interstate railroad transportation was
| being interfered with in the State of IL
| linois and the city of Chicago 1t was an
| interference for which, with all it's conse-
quences and incidents, the present petition
| ers are to the fullest extent responsible,
unless it be true that men can wantonly
touch the match to powder and yet be
| blameless because not rightly realizing the
ensuing devastation; unless it be true that
those who seek to execute a plot by any
means possible in the open and taking the
| legal consequences upon their heads aret
| be branded as criminals, while those who
| sit in an Office and hatch the plot and urg e
on its contamination are to go unwhipped
of justice because of the ud-mouthed pro-
| law and order in particular.
The AttorneyG eneral admitted that it
was the duty of State authorities to deal
with certain phases of the offenses COM
| mitted, and said:
eff they had done so promptly and Wig
orously the interruption of interstate rail
way transportation might possibly have
not ceased; but instead of their doing this
they allowed day after day to pass, marked
either by total inactivity or by effort so
i'll directed and inadequate as to aggravate
all the evils of the situation. Hence it be-
came necessary for the Government to step
in, not only in defense of individuals, but
in obedience to its obligations to protect
interstate commerce, and because it is the
duty of every government to exercise its
functions whenever occasion requires"
Mr.. Olney then passed on to the consid-
Grafton of the means at the command of
the Government Tor the suppression of the
strike, the principal of which was the