The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-05-28
IN THE CASE OF DEBS
The Supreme Court Denies a Writ of
HabeaS Corpus.
OF MOST IMPORTANT NOTE
II Ranks Second Only to tho Late
Income Tax Law as One Of the
Leading Matters Consid-
cred the Past Year.

pus. This is a victory for the govern
ment. 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 Am
erican Railway Union to secure a re-
versal Of the sentences to Jail by Judge
/ Woods for interfering with Interstate
commerce and the running of mails I'm
the great railway strike of last sum
mer.
The decision of the court was read by
Justice Brewer and was unanimous.
there being no dissenting opinion. The
| conclusions OF the court were that the
government of the United States was
having Jurisdiction over every foot of
soil and over every individual within
the boundaries of the United States.
and that while IL was one OF the linn
tied powers IL had sovereignty within
these limitations. 1t has power to in
woke civil courts to remove instruc-
tions To interstate commerce. and civil
courts had the right to restrain those
who made Instructions to such COM
merce. The injunction was no bar to
criminal process for acts done I'm vio-
lation of the injunction. The circuit
court having final Jurisdiction, it's acts
were not renewable by the supreme
court on a petition for a writ of ha-
beas corpus and therefore the writ was
denied
The Debs case has Importance be-
yond the question of the Imprisonment
of the a. r. u. officials. as there is a
largely involved principle OF the judges
having jurisdiction of large interests
by virtue of receiverships created by
them to prevent labor troubles through
the instrumentality OF injunctions.
Nearly one-third of the railway prop
erty of the United States being In the
hands Of receivers appointed by the
federal courts, the precedents to be es-
tablished has a wide application. Tech
nically, an application for a writ of
habeas corpus and certiorari rise from
the case in equity of the Union Trust
company against test road since the
receivership under which the circuit
court exercised Jurisdiction over the
Santa Fe and its allied roads was ere
ated in the case.
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 A. X. u. 10 prevent II from
melting employees to strike. Judge
Woods signed the paper presented,
which was a sweeping one, enjoining
the officers of the union from interfer-
ing with the mails or interstate COM
merce, or from destroying property or
compelling or inducing employees of the
road to strike by violence or intimidat-
ing, or from aiding or abetting them to
do any Of those things. The A. II. u.
decreed a strike on the Illinois Central
railroad. one Of these included I'm the
injunction. Officers of the union were
brought before Judge Woods for con-
tempt of court last December. L. V.
Debs. president, was sentenced TO six
months in Jail, and seven others. G. w.
Howard. Sylvester Keliher. l.. w.
Rogers, James Hogan. William Il.
Burns, Roy NJ. Goodwin and Martin J.
Elliott, were sentenced to three months.
1t appears the injunction had been per-
sonally served on the first four officers,
but Judge Woods held that its publica-
tion in the newspapers was sufficient
service in itself for all the defendants.
Application was made to the supreme
court for the release Of the eight Off
GERS of the union by a writ of habeas
corpus, pending the decision of the su-
preme court. having been given their
freedom under bail.
Counsel for Debs and his associates
base their application on the grounds
that their sentence and Indictment
without trial by jury was in pain Of
the constitution. particularly its nth
and sixth amendments; that informa-
tion on which they were convicted did
Ill.
tion. Also that the injunction was void
because the bill asking for II stated
no case OF which the court could take
cognizance, and was in effect bill by |
the government TO maintain public |
peace and enjoin violation OF the pen !
al code.
The opinion OF the court in substance |
was as follows: The case presented is
this: The United States finding inter |
state transportation Of persons and !
property as well as the carriage of |
mails is forcibly obstructed and that /
a conspiracy exists 10 subject the con-
troll OF such transportation TO the will /
u the conspirators. applied to one ofthe 4
courts Of equity for injunction To re-
strain such obstruction and prevent
the carrying into effect Of such a con-
spiracy. Two questions Of Importance
are presented.
First-Are the relations Of the gen
aral government 10 the interstate COM
merce and transportation Of mails
such as authorize direct interference
10 prevent forcible obstruction there
Jf?
SecOnd-If authority exists. as au-
.hority in governmental affairs i'm
plies both power and duty. has the
court Of equity jurisdiction 10 issue az
in aid of the performance
u such duty
First-What are the relations
jf the general government t.
he Interstate commerce and |
transportation Of mails? They are
hose Of direct supervision. control and