The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-03-26
OLNEY SPEAKS.
The Attorney General of the
United States,
Addresses the Supreme Court in
the Debs Case.
STOPPING THE MAILS
Is Almost Wholly Ignored in
His Argument.
Interstate Commerce Law the
Basis of What He Says.

WASHINGTON, March 26.-The hearing
on the application OF Eugene V. Debs
and others for writ of habeas corpus
for their release from imprisonment, was
resumed promptly on the opening of the
supreme court of the United States at
noon today.
Attorney General Olney made the first
argument, speaking in behalf of the gov
ernment, in opposition to the application.
Mr.. Olney said the single question be-
fore the supreme court was whether the 4
court below had Jurisdiction of the case
made by the original bill and proceeded
to show that as he viewed the
matter IL had. He devoted but
very little time to the discussion
of the governments technical relation to
the mails aud the mail bags, or to the
provisions of the act of 1890, which he
characterized as San experimental piece
of Legislation" and passed Immediately
to the confederation of the strike as a
violation of interstate commerce regula-
tions.
''The interstate commerce, which is
subject to the regulation of congress,
comprehends," he said, 'a great variety
of different subject matter. It is held
as respects some of them, that in the alb
soHco VI pOSlSlVo AeSlsldtlOA IneIe-
on by congress there may be
action by a state but it has
always and universally been conceded
that the moment congress does act upon
any matter which is part of commerce
from that moment the jurisdiction of the
United States becomes absolute and ex-
cludes all other authority. Intercourse
and transportation between the states and
all the instrumentalities of either are ad-
nit fodI <,fi iv,f0 to
transportation of passengers and freight
by railroads is of course included.
IN Not only is that so, but it is also true
that interstate railroad transportation
has been taken in especial charge by
congress. Having power to control, con-
gress has not permitted the power to lie
dormant, but has freely and decisively
exercised it"
He the enumerated many of the fed
eral laws bearing on the question of in
terstdte traffic, including those applying
to the mail service, those relating to the
carrying of livestock and those requir-
ing the use of certain kinds of brakes.
etc.
''But in this connection and for the
present purposes" he continued, sit is
more important to note the provisions
of several general statutes which cover
the whole field of interstate railroad
lively the purpose of congress to exclude
every other source and form of regula-
tion except its own. Section 5258 of the
revised statutes declares as follows:
Every railroad company in the United
States whose road is operated
by steam, its successors and
assignees, is hereby authorized to
carry upon and over its road, boats,
bridges, and ferries, any property on
their way from any state to another state
and to receive compensation therefor,
and to connect with railroads of other
states so as to form continuous lines for
the transportation of the same to the
place of destination"
Having by this legislation made street
railroads interstate commerce carriers
for both governmental and private pur-
pose, congress, by the act of 1887,
known as the interstate com
merce act, inaugurated measures
more radical and comprehensive than
anything ever before attempted by vir-
tue OF its power to regulate commerce.
by act the principals, in accordance with
which interstate transportation shall be
conducted, are laid down and defined.
their violation is inhibited under severe
penalties, and to crown the whole. all
the Interstate commerce railroads of the
country are practically put in charge of
/
their duties as Interstate carriers as pre-
scribed by congress, are faithfully dis.
charged.
"Finally, recognizing the existence of
an evil OF great magnitude congress bv
an act of October l, 1888, made provision
for the creation of boards of arbitration
to settle controversies having the
eHect OF hindering and interrupting
traffic.
.As matter of fact" he said, sin July,
1894, Interstate railroad Transportation
was being interfered with in the state of
Illinois and the city of Chicago 1t was
an interference for which with all its
consequences and incidents, the present
petitioners are to the fullest extent re-
sponsible, unless it be true that men can
want to touch the match to powder and
yet be blameless because not rightly
realizing the ensuing devastations: IN.
less 1t be true that those who seek to ex.
ecute plot Dy any means possible. in the
open, and taking the legal conseouences
upon their heads are to be branded as
Criminals, while those who sit in an office
and hatch the plot and urge on its con-
summation, are to go unwhipped of JUS
tlce because of loud mouthed profes-
slons OF virtue in general, and respect
LOT the law and order in particular"
Inc attorney general admitted that il
was the duty of the state authorities tc
deal with certain phases of the offences
committed and said:
eff they had done SO promDtIv anG
vigorously the interruption of interstate
railway transportation might possihlx
have not ceased, but instead of thei,
@oing this they allowed az after dav +,
pass marked either by local inactivity O.