The Washington times., 1895-05-28
DEBS' PETITION IS DENIED
Judge Moods Decision Sustained bv
The Supreme Court.
It is Not Probable, However, That
the Government VIII Further
Prosecute the Cases

II is not improbable, in view OF yester-
DAYS decision of the Supreme Court against
Eugene V. Debs and the other officers of
the American Railway Union, now under
indictments for violations OF the antitrust
and the mail obstruction acts, that they
will not be called upon TO stand trial
Under the decision, Debs win serve
his sentence OF six months in jail, and ii is
thought that the government VIII consider
this a sufficiently severe punishment with
out prosecuting the criminal cases against
him or his associates
The principle involved having been es-
tablished, by not pushing the further pro-
ceedings it VIII be shown that the govern
ment does not ascertain any feeling against
Mr.. Debs, the American Railway Union,
or any other reputable labor organization.
The decision Of the court was read by
Justice Brewer. and was unanimous, there
being no dissenting opinion. All the con
tentions OF the government were sustained.
ave have given TO this case, said
Justice Brewer. ''most careful and anxious
attention, forwe realize that ittouchesclose
questions OF supreme Importance 10 the
people Of this country. Summing up ourcon-
clusions We hold tEat The government of the
United States is ore having jurisdiction
over every loot Of soil within It's territory,
and acting directly upon each citizen; that
while il is a government of enumerated
powers. il has within the limits OF those
powers all the attributes OF sovereignty;
that 10 il is committed power over inter-
state commerce and the Transmission OF the
mail; that tie powers thus conferred upon
the national government are not Dormant
but have been assumed and put into prac-
teal exercise by the legislation OF Congress.
The complaint filed in this case showed
clearly an existing obstruction or aTIl-
ficiaI highways for The passage OF inter
state commerce and the transmission OF
mail-an obstruction not only temporarily
existing, but threatening TO continue
Under such complaint the circuit court
had power to issue its process or injunction,
and il having been issued and served on
these defendants the circuit court had au
fhority 10 inquire whether its orders had
been disobeyed, and when il found that
they had been, then to proceed under sec
tjon 725, Revised Statutes, which grants
power to punish by fine or imprisonment
diSobedience Dy any party
or other person, to any lawfui
writ, process, order. rule, decree, or CON-
mand,' and enter the order of punishment
complained OF, and, finally, that the cir
cult court having full jurisdiction in the
premises. its finding of the fact OF dis
obedience is not open to review on habeas
CORPUS in this or any other court.
I'VE enter into no examination OF the
act OF July 2, 1890, (26 stat. 209) upon
which the circuit court relied mainly TO
sustain its Jurisdiction. 1t must not De
understood from this that we dissent from
the conclusions Of that court in reference
- the sc,pe of the act, but simply that
we prefer 10 rest our judgment on the
broader ground which has been discussed
90 this opinion. believing it OF importance
that the principles underlying 1t should
befully stated and affirmed
THE petition for a writ of habeas corpus
Is ceHied"