The record-union., 1895-05-28

The entire strength of the nation may be
used TO enforce IN any part OF the land the
Iull and free exercise OF all national cow
ers and the security of all rights intrusted
by the Constitution 10 its care. The
strong administration of the nation may
be put forth 10 brush away all obstruc-
tions to the freedom OF Interstate com-
merce or tie transportation ;of tine mails.
Ii emergency arises, the army of the na-
tion and all its militia are at the service of
the snatlon TO compel obedience to laws.
In tie case of the United States the
right to use force does not exclude the
right TO appeal to the courts for a judicial
determination and for the exercise of all
their powers OF prevention. Indeed, 1t Is
more TO the praise than 10 the blame of
the Government that, instead of deter
mining for itself questions of right and
wrong on the part of these petitioners
and associates, and inierring that de-
termination by the club of the policeman
and the bayonet of the soldier, it sub
initted all those questions to the deter
mination of judicial tribunals, and in-
voked their sideration and judgment
as to the measure of its rights and powers
and the co-relatlve obligations of those
against whom IL made complain And
it is equally to the credit of the latter that
the judgment of those tribunals was by
the great body of them respected, and
the troubles which threatened so much
disaster terminated. Neither can it be
doubted that the Government has such
an interest in the subject matter as en-
ables it TO appear as party plaintiff in the
suit. Is is said that equity only inter-
fereS for the protection of property, and
| that the Government has no property
interests. y sufficient reply is that the
| United States have a property in the
mails, the protection OF which was one OF
! the purposes of this trial.
Up to a recent date commerce. both in
| terstate and international, was mainly
by water, and it is not strange that botn
the legislation OF Congress and the cases
in the courts have been concerned prin-
cipaliy therewith. The fact that in recent
years the interstate commerce has been
mainly carried on by railroads and over
artificial highways has in no manner
narrowed the scope Of the constitutional
provision or abridged the power of Con-
gress over such commerce. On the con-
trary. the same fullneS3 OF control exists
III the one case as in the other. and the
same power to remove distractions from
the one as from the other.
That the bill filed in this case disclosed
special facts calling for the exercise of the
powers Of the court is not open to ques-
tion The picture drawn in it of the vast
interests involved, not merely of the city
of Chicago and of the State OF Illinois,
but Of all the States, and the general con-
fusion into which the interstate COM
merce OF the country was thrown through
forcible interference with that commerce.;
the attempted exercise by individuals OF
powers belonging only to the Govern
ment, and the threatened continuance of
such invasions of public rights, presents
a condition of things which called for the
fullest exercise Of all the powers Of the
court.
If ever there was special exigency
presented, one which demanded that the
court should DO all that courts can DO, 1t is
apparent on the face of this bill, and We
need not turn to the public history OF the
day. which only reat1lrms with emphasis
all it's allegations.
The difference between public nuisance
and private nuisance is that one affects
the people at large, and the other simply
the individual. The quality of the wrong
is the same. and the jurisdiction of the
courts over them rests upon the same
principle and goes to tho same extent.
The argument in opposition does not
question the jurisdiction of the court, but
only the eXpediency of the action OF the
Government in applying the process.
a most earnest and eloquent appeal
was made TO us in eulogy OF the heroic
spirit of those who threw up their en-
ployment and gave up their means of
a
own rig hts, but in sympathy for and to
assist others whom They believed TO have
been wronged. We yield to none in our
admiration of any act OF herolsm or
selt-sacritice, but we may be permitted to
add that it is a lesson which cannot be
learned too soOn nor thoroughly that
under this Government by the people
the means of redress of all wrongs are
through the courts and the ballot box.
and that no urging, real or fancied, car
ries with it the legal warrant to invite as
means of redress the cooperation OF
mob with its accompanying acts OF vlo-
lence.
We have given to this case most care
full and anxious attention, tor we realize
that it touches closely upon questions of
supreme importance to the people of
this country. Summing up our conclu-
sions, we hold that the Government of
these United States is one having JuriS-
diction over every foot of soil within its
territory, and acting directly upon each
citizen; that while it is Government of
enumerated powers, it has within the
butes of sovereignty; that to it is
committed power over interstate
commerce and the Transmission of
the mail; that the powers thus conferred
upon the National Government are not
| dormant, but have been assumed and put
into practical exercise by legislation Of
Congress; that in the exercise of those
powers il is competent for the nation to
remove all distractions upon highways,
natural or artificial, TO the passage OF in
| terstate commerce or the carrying of the
mail; that while it may be competent for
the Government Through the executive
branch and in the use of the entire execu-
tive power of the nation) to forcibly re-
move all such obstruction, II Is equally
IL, fn M slNN
civil courts for any inquiry ana deter
mination as to the existence and charac-
ter OF any alleged distractions, and if
such are found to exist, or threaten to
occur to invoke the powers of those
courts to remove or to restrain such OBJ
stacles; that the jurisdiction OF courts to
interfere in such matters by injunction IS
one recognized from ancient times and
by undoubtabie authority; that such jur
isdiction is not ousted by the fact that the
distractions are accompanied by or con-
sist of acts in themselves vloiations of
primal laws; that the proceedings by
Injunction is of civil character, and may
be enforced by proceedings in cOntempia-
ton that the penalty for such violation
OF such injunction is no substitute for and
no defense to a prosecution tor any crimi-
nal otfense committed In the course of
such violations; that the complaint fol-
| lowed in the case showed clearly an ex-
listing obstruction OF artificial highways
for the passage of interstate commerce
and the transmission OF plails-an OBJ
struction not only temporarily existing
but threatening to continue; that under
such complaint the Circuit Court had
power to issue its process OF injunction;
that it having been issued aud served on
defendants, the Circuit Court had author
ity to inquire whether its orders had been
disobeyed, and when it found that they
had been, then to proceed under Section
| 725. Revised Statutes, which grants power
to punish by fine or imprisonment
| disobedience by any other party or
person, to any lawful writ. process, or