The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1895-06-01


rest and punishment by Judge Woods
for contempt of court, and the
application OF the petitioners for
writ of habeas corpus. The
case was argued, IL will be remem-
bered. some weeks ago by Attorney
General Olney for the government and
c. s. barrow for the petitioners,
the contention OF the latter being that
the circuit court had no jurisdiction of
the original bill and therefore there
could be no contempt of court in fail
ing to observe the terms of the in
junction issued Hereunder
The opinion of the court was in sub
stance Us follows:
"The case presented Is this: The United
states finding that the interstate transporta-
tion OF persons and property, as well as the
carriage OF the mails IA forcibly INSTRUCTED
and that a combination and conspiracy exists
10 subject the control OF such transportation
10 the will OF the conspirators, applied to one
OF their courts sitting as court OF equity,
for an injunction 10 restrain such obstruction
and prevent carrying Into effect such con-
spIracy. Two questions OF Importance are
presented
II. Are the relations OF the general govern
mcnt 10 interstate commerce and the trans
portaton OF the mails such as authorize n di-
rect Interference 20 prevent forciblc obstruc-
tion thereof
- II authority exists. as authority In
governmental affairs implies both power and
duty. has court 'of equity the jurisdiction
TO ISSUE an injunction In aid OF the per-
Torrance OF such duty? What are the re-
lations OF the general government 10 inter-
state commerce aud the transportation OF
the mailsY They are those OF direct super
vision. control and management While I'M
der the dual system which prevails with us
the powers Of government are distributed
between the state and the nation and
while the latter Is properly styled n govern
ment OF enumerated powers. yet within the
limits OF such enumeration II has all the at
tributes OF sovereignty. and ia tho exercise OF
those enumerated powers acts directly upon
the citizen and not through the intermediate
agency OF the state
Under the power vested In congress 20 es-
tabllsh post Offices and post roads congress
has by mass OF legislation established the
great post Office system OF the country, with
IL .ta detail cf organization. its machinery
for the transaction OF business, defining
what shall be carried aud what not.
and the price OF carriage. and also prescribe
ing penalties for all oIensss against IL OBJ
viously these powers given TO the national
government over Interstate commerce and Ia
respect TO the transportation OF tho mails were
not dormant ana unused Congress had taken
hold OF these two matters. and. by various and
powers given 20 IL, and was In the full dis
charge OF its duty 10 regulate interstate COM
mcrco and carry the mails
III tho inhabitants OF single state or q
great body OF thom should combine TO obstruct
Interstate commerce or the transportation
OF the mails, prosecutions for such onensos
had In such community would be doomed
IN advance 20 failure And II the GER
tainty OF such failure was knowa and tho
national government had no other way 10
enforce the freedom OF interstate commerce
and the transportation OF the mails than by
prosecution and punishment for interference
herewith, tho whole interests OF the nation In
these respects would DO al the absolute mercy
OF o portion OF the Inhabitants OF single
state. /"
no such lmpotcncy In the national govern
ment The strong arm OF tho national gov
ernment'mny be put forth TO brush away All
obstructions 20 the freedom OF interstate
commerce or the transportation OF tho malls.
II tho emergency arises, the army OF the
nation and oil It's militia are az the service Of
the nation TO compel obedience 10 It's laws In
the present case tho right 10 use force does
not exclude tho right OF appeal to the courts
for n judicial determination and for the
exercise OF all their powers OF prevention
Indeed, IL Is more 90 the praise than 10 tho
blame OF tho government that instead OF de-
termining for Itself questions OF right and
wrong on tho part OF these petitioners and
their associates aud enforcing that dctcrmina-
tion By the club o. the policeman and tho
bayonet OF tho soldier, II submitted all those
questions 20 tho peaceful determination Of
judicial tribunals and invoked their consd-
crntion and Judgment ~ 10 the measure Of It's
powers
After further argument The opinion says;
"a most earnest and eloquent appeal was
made TO us In ouiogy OF the heroic spirit OF
those who threw up their employment and
gave up their means OF earning q livelihood.
not In defense OF their own rights. but In
aympathy Tor and 20 assist others whom they
beloved 70 DO wrongcd. We yield 20 none In
our admiration OF any act OF hcroism or self
sncriflce but We may be permitted 20 add that
IL A. e lesson which cannot tc learned too soon
or too thoroughly that under this government OF
and by tho people the means OF redress OF all
wrong a through the courts and az the ballot
box and that no wrong. real or fancled. car
RES with II legal warrant 20 invite rs a means
OF redress the cooperation % a mob with its
accompanying acts OF violence
I'VE have given 20 this case the most anx-
ious and careful attention. for we realize that
Il touches closely questions OF supreme I'm
portance 70 the people OF the country" Tho /
court then sums up is conclusions substan-
italy as given above and denies the petltlon |
Tor n writ Of habeaa corpus
The men who are affected by the
decision are Debs, Howard. Kelihcr. I
Rogers, Burns. Hogan. Goodwin and |
Elliott. They are president. vice pres.
ident and directors OF tho American
Railway union.