New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-28
~ InWER COrrT TIHELD.

TO THE GENERAL GOVERNMENT wIT!ilN
TIE LIMITS OF TIE CONSTITUTION
THE LOWER COrrT UPHELD
Wasb.rcton. MAY 1.-THE habeas corpus case o.
Eugene V DcSs ct al. growing on q 'h' K,
railroad strike at Chicago last summer was ~
c,dci in the Supreme Court OF the United states
TODAY its unanimous opinion being read by JUS
,ice nrever The opinion recitcd the facts con
ncctei with the origin O. the cise-a sun y? 'n'
United states IN the Circuit Court Tor inc '"''"-
ern District Of Illinois for an injunction 10 ''',' AN
Icbs arl his associates - The American hf'l""'
Union from interfering with the movement % IN
rcrsta,e irafic the issuing q I'll" injunction
PRAYED for the violation OF the Injunction 10y Deos
q al Their arrest and punishment by Ju'S' Nooh'
for con,erln, Of court. AMI N" application OF the
petitioners for Wit o. hah"as corpus
Tho case was argued some w'cns ago ny AttoT-
rcv-,;oneral Olney for IN, Government. and e. :.
r,r,oc for the petitioners the contention OF the
latter being hat the Circuit Court had no ln''s-
dic,on o. the original hi. and Therefore there
could he 10 conttmpi OF court In Ealing TO observe
the terms OF the Injunction ISSUED iheTeunieT Inc
opinion concludes.
We have given 20 this case the most careful
and anxious attention tor roaliz" mat II toucnss
closely questions o. supreme .mror - 70
sons W hold thar the Government % the United
states T. having jurisdiction over every 100 9.
o. SOL within is territory and acting dlrcc'.y
upon each citizen: that while r. Is governme NJ
Of enumerated powers u has ~stnin M" .i','s ~
to il is committed rower over interstate com
mcrce and tne transmission q ne nal wax ,ne
powers thus conferred nion IN" Nat"ha 'oS''
men, not dormant but have been assrm,l an
rooeress that N ho exercise - those powers ~ -
competcn; Tor the nation - remove all ops'rrc.
,lcns uion highways. natural or arm iaL 10 nc
IN. mail. that while u may De- competent Tor me
I'm me ice u the eri 70 Executive power Of tie
Nation, 10 forrihy remove all such .tons II
civil! courts for an inquiry and determination 20 N
TIE cN.ion.c nn9 ,h.ta',sr o. s Any @cxri on or
threaten TO occur. 10 invoke IN" powers o. mos"
courts 20 rcmov" 1f restrain *4,n oh'isH .'"n
matters by INJUNCTION is one rcrosnizel froi1 or.
Gent Times and by itfrhiiahl' author,iy ia1i
the obs .ruct.oas ar Accompanied by or CONSIST 90
acts IN themselves Violations 81 ne criminal ia"
that The proceeding los .nJgre ton is ~ civil rhnf
'cm,f, hat he pcrai,v for a VIOLA, on O., such lr-
ln ne come 49, i-h yion,ons In. an. ..mpia n.
s'ruci.on Of ariihco h.gs0 ays Tor m Dassas~ O.:
mau-an abstraction no. only t.mporafil, cNis'
NIX bat Threatening T. continue that under such
process or Injunction. that il having been ISSUED
and served on these d.tonlanfs. me circuit Court
boon disobeycd. ard when r. found that they had
been. ihen - rroeeel under section ,1, Ecvscl
or 'mprisonment dsobei'enoe by
am party or other person TO any Law iul
Hr.i. process order r.s. decree or command" and
enter tho order OF pun shment complained o. and.
finally. that the Circuit Court hatins fun jurIslr-
lion In the premises - nnlne OF me ,aci OF d.so.
DO Hence is not open 70 review on haheas corpus In
this other court.
We enter into 10 examination % the At q.
July D. is1 .i stat 2jtl upon which The Circuit
Court relied mainly - sustain It's jIrs lict'On. II
must nor be understood from this that dissent
, from the conclusions Of that court IN reference
10 tho scope Of the act but simply that We prefer
to rest our Judgment the broader ground whic !,
has been discussed In This opinion. believing g. q,
importance that the principles underlying II should
be full, stated and affirmed
The petition for a WI " habeas corpus Is De
! ed