People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-05-30
[Debs Must 90 to Jail.

important decision in the DebS case.
1t denies the application Of Debs ct
al for writ of habeas corpus, which
is victory for the government in its
fight on the striking members of the
American Railway union last sum-
mer. The decision involves the prin-
ciple of the right Of judges having
jurisdiction of large interests by
virtue of receiverShips created by
them to prevent labor troubles
through the fundamentally of in
functions.
During the strike last summer Debs
and eight officials of the American
Railway union were enjoined from in
terfering with the mails or interstate
traffic, on application of the Santa Fe
receivers. The injunction was viOlat-
ed and the American Railway union
officers we're sentenced to six months
in Jail. They applied for a writ OF
habeas corpus on the ground that Dis
trict Judge Woods had no authority
to issue the injunction. The supreme
court, however, denies the writ and
suStainS Judge Woods. Debs ct al
will now have to serve out their sem
fences.
The decision of the court reads:
up to a recent date commerce,
both interstate and international was
mainly by water, and it is not strange
that both the legislation and congress
and the cases in the courts have been
concerned principally Herewith.
The fact that in recent years inter-
state commerce has come mainly to
be carried on by railroads ard over
artificial highways, has in no manner
narrowed the scope of the constitu-
tiOnal provision, or abridged the pow
er OF congress over such commerce.
On the contrary, the same fullness of
control exists in the one case as in the
other and the same power to remove
distractions from the one as from the
other.
Constitutional provisions do net
change, but their operation extends
to new matters as the modes of bust.
ness and the habits of life Of the
people vary with each succeeding
generation.
That the bill filed in this case dis
closed special facts calling for the ex-
erciSe of the powers of the court is
not open to question. The picture
drawn in it of the vast interests in
vOlved, not merely of the city
of Chicago and the state of Hi
nOiS, but Of all the states, and the
general confusion into which the
interstate commerce Of the country
were thrown through fOrcible inter.
ference with that country; the at
tempted exercise by individuals of
powers belonging only to the govern
ment, and the threatened continu-
ance of such invasiOns Of public rights
presents a condition of things which
called for the fullest exercise Of all Of
the courts powers.
IF ever there was special ext
gency presented, one which demanded
that the court should do all that
courts can do, it is apparent on the
face of this bill, and we need not turn
to the public history Of the day,
which only reafflrms with emphasis
all its obligations. The difference
between public nuisance and a private
nuisance Is that one affects the people
at large and the other simply the in
dividual. The quality Of the wrong
is the same and the jurisdiction Of the
courts over them rests upon the SAME
principles and goes to the same OK
tent. The argument in opposition
does not question the jurisdiction o.
the court, but only the expediency o.
the government 10 applying for it!
process. 1t surely cannot be serious
cOntended that the court has juris
diction to enjOin the obstruction o
highway by one person, but that it,
| jurisdiction ceases when the obstruc
tion is by hundred persons. 1t ma!
be true, as suggested, that in the ex
citement of passion, a mob will pa!
little heed to processes issued from
the courts and it may be said by coun
sci In argument, that it would hay,
savored somewhat Of the puerile ant
ridicule to have read a writ Of injunc
tion to Lees army during the lat,
civil war.
"a most earnest and eloquent ap
peal was made to US in eulogy of tn
heroic spirit Of those who threw u
their employment, and gave up thei
means Of earning livelihood, not II
defense Of their own rights, but il
sympathy for and to assist other
whom they believed to have beel
wronged. We yield to none in on
: admiration Of any act Of heroism o
self-sacrifice. hut we NAV be permit