Evening star., 1895-01-14
APPEAL FOR DEBS
A Motion to Admit Him to Bail to
Be Argued.
GOVERNMENT And LABOR UNIONS
A Cabinet Officer States the Po-
sition of the Administration.
THE RECE EN- T STRI K e
THE RECE ENT STRIK e

V. Debs, George w. Howard, Sylvester
Killiher. Louis w. Rogers, James Hagan.
w. E. Burns. r.. w. Goodwin and M. j.
Elliott, all of whom are now confined IN
the McHenry county Qll.) Jail, under COM
mitment by United States Judge Woods of
the seventh circuit, appeared before the
United States Supreme Court today in their
behalf. He presented an application for
writ of error and supersedeas, and also
filed q motion for writ of habeas corpus.
The object was, he said, to have the pris-
crers admitted to bail.
He said he had supposed that all the
questions involved could be presented at
the same time.
The chief justice stated that the import
ant question was whether the writ of er
ror should be allowed, and that on this ac-
count 1t should be first presented to the
court.
Assistant Attorney General Whitney ap-
peared for the United States, and it was
arranged that the petition for writ OF er-
week. Mr.. Darrow said he was prepared
to go ahead with the argument at any
time.
What the Petitioners Allege.
The petition for writ Of error Is as fol-
lows:
First.-That the Injunction, for violation
OF which the petitioners wero sentenced
was ordered in a case of which the court
had no Jurisdiction.
Second-That the court erred in deciding
that the bill on which the injunction was
granted might be maintained in the name
of the United States under tine antitrust
law, and particularly under section cT
that act; that so far as it purports to grant
Jurisdiction to the circuit courts of the Uni
ted States to restrain or enjoin violations
of it's provisions it is repugnant to the Con-
stitution of the United States. in that 1t
tion for Infamous crimes without indlct-
ment and criminal prosecution without trial
by jury.
). That this being in effect proceeding to
punish criminal contempt not committed
in the presence of the court. the court
erred in not discharging the defendants up
on their answers.
4. That the court erred in not uuashing
the Information.
s. That the court erred in trying them on
information instead Of Indictment.
o. That the court erred in trying them
without jury.
Z. That the court erred in holding that
the bill of the United States made or stated
any case cogniZable in n court of equity or
of which the court could take jurisdiction
and cogniZance, or order such an injunction
or make any other order therein against
the defendants
Views of n Cabinet Omcer.
cabinet officer, who does net care to
have his name made public, in reviewing
the strike situation and the case of Mr..
pehs, said: "'rhere are some things that
1t seems to me the American prs..c ought
to understand When the social struc-
ture of the government was assaiied there
was only enc course to pursue. There was
only enc question before the President
Society was to be defended, and the ma
tional authority maintained.
Whatever grievances labor may have had,
and however well-founded they may have
been, they could not be redressed by the
torch. The complaints of labor could not
be answered by violence. There was then
but one course in this country for all
patriots and friends OF the republic to pur-
sue. That was that order should be re-
stored, that no person and no organization
should be permitted to assail property
rights or to violate personal liberty.
The administration set at work to pre-
vent this. 1t was successful. In accom-
pliShing this. resort was had to the pro-
visions of two laws-the interstate COM
me rec law and the antitrust law. These
laws were not originally framed for any
such purpose. A proper construction OF
their terms, however, fully justifies the
government in the course which it pursued.
These laws were originally enacted to
place restrictions upon corporations and
capital, and not to be used against labor,
organized or unorganiZed
There can be no question that from the
date OF the enactment of the interstate
commerce law The railroads have endeav-
ored to evade it in many particulars.
I'm some Instances they have deled it's
provisions, and in scnle notable instances
they have been successful. Their appeal,
which was made in the Courselman case,
was sustained by the United States Su-
preme Court. But the appeal itself, in the
popular mind at least, was an acknowledg-
ment that the railroads could not show
their books without discriminating them
selves. The impression which was created
upon the popular mind was not a favorable
one.
1.-The same is true, to a somewhat less de-
gree, perhaps, because the attempts to en-
force it have not been so general, of the
antitrust law. The corporations against
which these two laws were originally di-
rected have not materially suffered. But
organized labor, toward which it had never
been supposed the provisions of these acts
could be directed, was made to feel their
force in terrible way in the few weeks Of
the great Chicago strike"
Arbitrary MIR. Pullman.
"Organized labor should. however, ap-
preciate that the heavy hand Of the United
States was not raised to crush labor be-
cause 1t Is organized, or to aid capital be-
cause it is capital. The hand of the govern
ment was lifted to strike down those who
resorted to the torch, who obstructed the
United States malls, who paralyZed inter-
state commerce; and the hand of the Unit
ed States government will always be lifted
for that purpose. 1t is the hope of the ad-
that, out or the experience OF
this great strike, there will come a better
between labor and capital in
this country, and possibly better law
Il do not, foc my part, think that when
the subject is carefully considered the
American people will commend or in any
way approve, the course which Mr.. Pull
man and his company chose to adopt IN
that crisis. do not think that the thought
full people of the republic will approve of
his arbitrary. and. I may say, arrogant
course.
II do not think that Mr.. Pullman acted
as all patriotic and considerate citzeps
should act In such crisis. The country
was more dangerously near the terrors
of war than is generally understood. The
situation was one which appealed to every
lover of his country. and to every one who
was only commercially interested in it's
prosperity. 1t would have been a very
simple thing for Mr.. Pullman to have said
In that emergency:
Might Have Been Avertcd.
"1 think that the position which the
Pullman company has assumed is cor
rect; that there is nothing in the relations
between the Pullman company and it's en-
rloyes which is properly subject for ar
bitration: I assume that the business Of