The herald., 1895-05-28
Writ of Habeas Corpus Denied
the A. R. U. Leader
THE SUPREME COURT DECIDES
important Opinion Rendered by the
Highest Tribunal
All the Points riade by the Government Sus-
taincd Without Dissenting Opinion.
Text OF the Decision
Associated Press Special Wira


States supreme court today denied the
application of Eugene V. Debs, the strike
leader. for a writ of habeas corpus. This
is victory for the government. No
more important question. with the single
exception of the income tax, has come
before the supreme court during the past
year than the attempt Of Debs and other
officers of the American Railway union to
secure reversal OF sentence to Jail by
Judge Woods for interfering with inter
state commerce and running OF mails in
the great railway strike last summer.
The decision of the court was read by
Justice Brewer aud was unanimous, there
being no dissenting opinion. All the
contentious of the government were sus-
tanned. 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 of limited
powers, it had a overeignty within those
limitations. 1t has power to invoke the
civil courts to remove obstructions to in
tcrstate commerce, and the civil courts
had right to ell DIN those who made OBJ
structions to such commerce. The in
junction was to be a bar to criminal
processes for acts done in violation of the
Injunction. The circuit court having
final jurisdiction, Its act was not review
able by the supreme court on petition foi
q writ Of habeas corpus, and therefore the
writ was denied.
The case has importance beyond the
question of imprisonment of a. Il. U.
officials, as tn ere is largely involved the
principle OF the judges having jurisdic-
tion OF large interests by virtue OF receiv
erships created by them to prevent labor
Il t,..l fl,n
injuuctions. \ early one third OF the
railway property being in the hands OF
receivers appointed by federal courts. the
precedents to be establi shed has wide ap.
plication. Technically the applicant for
writ of abeas corpus and certiorari arti-
cles from the case in equity OF the Union
Trust company against the Atchlson,
Topeka and Santa Fe road, since the re-
ceiv ership under which the circuit court
exercised jurisdiction over the Santa Fe
and its allied roads was created in the
case. On on the I'd of July, 1894, when
the great railway strike was threatened.
the receivers applied to Judge Woods OF
the circuit court for the northern district
OF Illinois for an injunction against the
American Railway union to prevent it
from melting the employees to strike.
Judge Woods signed the paper presented,
which was a sweeping one, enloining the
officers of the union from interfering with
from destroying property or compelling
or inducing the employees of the road t.
strike by violence or intimidation. or
from aiding or abettine them to do any Of
these things.
The American Railway union declared
q strike Oh the Illinois Central railroad,
one OF those included in the in junction.
and the events oi that strike are matters
OF general knowledge. The officers of the
union were brought before Judge Woods
for contempt OF court. last Decent ber. r..
Y. Debs. president, was sentenced to SIX
months in lail' and seven others u. W.
Howard, Sylvester kcliher, H. W. Rogers,
James Hogan. William Il. Burns, Roy NJ.
Goodwin and Martin j. Elliott, we're
sentenced to three months. 1t appears
that the injunction had been personally
served on the first four officers. but Judge
Woods held that its publication in the
newspapers was sufficient service III itself
for all of the defendants.
An application was made to the su-
preme court for the release of the eight
officers OF the union by writ or habeas
corpus. pending decision OF the suprem c
court having been given their freedom
under bail. Counsel for Debs and his as
sociates base their application on the
grounds that their sentence without in
dictmcnt and trial by jury was in violation
of the constitution. particularly it's fifth
and sixth amendments, that the lnfor-
nation on which they were convicted did
not show any violation OF the Injunction ;
also that the injunction was void, be-
cause 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 t maintain the pub
lie peace and enioin the violation OF the
penal code.
court by q. $. DaIrow and Judge Trnm-
bull for the A. II. IT,, and Attorney Gen
eral Olney ana Assistant Attorney Gen
cral Whitney attracted great attention.
The opinion of the court in substance
was as follows:
\ The case presented is this; The United
States finding that the interstate trans
portation OF persons and property, as
well as the carriage of the mails, is forci-
bly, obstructed, and that com bina ton and
nspiracy exists to subject the )ntrol of
such transportation to the will OF the
conspirators applied to one of the courts
sitting as court of equity for an inunc-
tion to restrain such obstruction and pre-
vent carrying into effect such conspiracy.
The questions OF Importance are present.
ed:
First-Are the relations of the general
government to interstate commerce and
thc transportation of the mails such as
authorize the direct interference to pre-
vent a forciDle obstruction thereof?
Second-If authority exists, us authority
in governmental affairs implies both
power and duty. has courd of equity
jurisdition to issue an injunction i'll aid
of the performance of sucn dutyP
First-What are the relations of tho
general government to interstate COM
nerce and the transportation of the
mails? They are those of direct super
,ision, control and management. While
under the dual system which prevail Is
with US, the powers of government a e
distributed between the state and the IA
tion, and while the latter is proper Y
stated a government of enum Grated pow :
ers. yet within the limits OF such enumef-
alton. it has all the attributes OF SOW
ereigntv. and in the exercise of those
enumerated powers acts directly OH the
citizen and not through the lintermedite
agency of the state.
Second-Under the power vestei in
congress to establish postortices and post
roads, congress has by q mass of legisa-
tion established the great postoffice sys-
TEN OF the country with all its detail of
organization, its machinery for the trans
action OF business. defining what shall be
carriage and also prescribing penalties for
covers given to the national government
over interstate commerce and in respect
10 the transportation of the mails. are not
dormant and unused. Congress had taken
hold of these two matters and by various
and specific acts had assumed and eX-
eIcised the power given it, and was in full
discharge OF its duty to regulate interstate
comu. .erce and carry the mails.
l.. Il.