The record-union., 1895-05-28
Special to the REcoRp-uN1ox.
Interstate Commerce.

Special to the RECoRD-UNIoN.
WASHINGTON, May G.-The United
States Supreme Court to-day denied Inc
application of Eugene V. Debs, the strlke
leader, for a writ of habeas corpus. This
is victory for the Government.
The most important question, with the
single exception of the income tax, that
has come before the Supreme Court DUR
ing the past year, was the attempt oil
Debs and other officers of the American
Railway Union to secure the reversal OF
sentences to Jail by Judge Woods for
interfering with interstate commerce and
the running of mails in the great railway
strike of last summer.
The decision of the court was read by
Justice Brewer, and was unanimous.
there being no dissenting opinion. All
of the CONCEPTIONS of the Government
were sustained.
The case has Importance beyond the
question of Imprisonment OF American
Railway Union officials, as there ls
largely involved the principle OF The
Judges having jurisdiction OF large IN,
terests by virtue of recelvershlps createu
by them TO prevent Ia Dor troubles through
the instrumentality of lnJunctions-
Nearly one-third OF the railway property
of the United States being in the hands OF
receivers appointed by Federal courts,
the precedents to be established has wide
application. Technically. the application
Tor writ of habeas corpus and certlorarl
arises from the case In equity OF the
Union Trust Company against the
Atchison, Topeka and Santa te Railroad,
since the receivership under which the
Circuit Court exercised jurisdiction over
the Santa Fe and its allied roads was
created in the case.
On the I'd of July, 1894, when the great
railway strike was threatened, the re-
ceivers applied to. Judge WOODS OF the
Circuit Court tor the Northern District OF
Illinois for an Injunction against the
American Railway Union to prevent 1t
from inciting the employees to strike.
Judge Woods signed the paper presented,
which was sweeping one, enJolnlng The
officers OF the union from interfering
with the mails or with Interstate COM
merce, or from destroying property or
colnpeiling or inducing the employees OF
the road to strike by violence or lntlml-
dation, or from aiding or abetNns them
to do any of these things. The American
Railway Union declared strike on the
Illinois Central Railroad, one OF these
included in the injunction, and the events
OF that strike are matters OF general
knowledge.
The officers of the union were brought
before Judge Woods for contempt of
court last December. Z. V. Debs, Presi-
dent, was sentenced to six months IN
iaiI and seven otherS-G. w. Howard,
Sylvester Kellher, l.. w. Rogers, James
Hogan, William h. Burns. Roy NJ. Good
win and Martin j. Elliott-were sentenced
TO three months. 1t appears that the in
ihe first four officers, but Judge Woods
held that it's publication in the newspa-
ners was sufficient service in itself for all
of the defendants.
An application was made to the Su-
preme Court for the release OF the eight
officers Of the union by witt 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 with
out indictments and trial by jury was In
pain of the Constitution, particularly its
Fifth and Sixth Amendments; that the
Information on which they were con-
vicLed did not show any violation OF the
Injunction. Also that the Injunction was
void. because the bill asking for it stated
no case of which the court could take
cognizance, and was in effect bill by the
Government of the United States to main
tain the public peace and enJoln the vlo-
lations OF the Penal Code.
The opinion OF the court in substance
was as follows: The case presented is
This: The United States, finding that the
interstate transportation of persons and
property as we'll as the carriage of mails
is forcibly obstructed, and that COM
bination and conspiracy exists to SUBJ
iect the control of such transportation to
the will of the conspirators. applied to
one of the courts, sitting as court oi
equity for an INJUNCTION 10 restrain Such
obstruction and prevent carrying into
effect such conspiracy. The questions OF
importance are presented
First-Are the relations OF the General
Government to Interstate commerce and
the TRANSPORTATION OF the mails such as
authorized the direct interference to pre-
vent forcible obstruction thereot!
Second-If authority exists, as authority
in governmental affairs implies both
power and duty, has court OF equity
jurisdiction to issue an injunction III aid
of the performance OF such duty?
First-What are the relations of the
General Government to interstate COM
merce and the transportation OF the
mails? They are those OF direct super
vision, control and management. w hile
under the dual system which prevails
with us, the powers OF Government are
distributed between the State again, and
while the latter is properly stated Gov
srnment of enumerated powers, yet
within the limits OF such enumera-
ton it has all the attributes OF sover-
eighty. and in the exercise OF those
enumerated powers acts directly on the
citizen, and not through the intermediate
agency OF the State.
Second-U nder The power vested in
Congress to establish postotfices and post
roads, Congress has by mass of Iegisla-
Iion established the great postoff1ce sys-
tenn OF the country, with all its detail OF
organization, its machinery for the trans
action OF business, defining what shall be
carried and what not, and the price OF
carriage, and also prescribing penalties
for all otfenses against it. Obviously
these powers given TO the National Gov
ernment over interstate commerce, and
in respect to the transportation of the
mails, are not dormant and unused,
Congress has taken hold of these two mat
ters, and by various and specific Acts
had assumed aud exercised the powers
given it, and was in full discharge of its
duty to regulate interstate commerce and
carry the mails.
If the inhabitants of a single State or a
great body OF them should combine to
3bstruct interstate commerce or the trans
2ortation of the mails, prosecutions OF
such offenses had in such community
would be doomed in advance to failure.
And if the certainty OF such failure was
known, and the National Government
had no other way to enforce the freedom
of interstate commerce and the trans
yortation of mails than by prosecution
and punishment for interference there
with, the whole interests of the nation in
&;,aSa raspoctS uouId ba at the absolute