The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-28
DEBS DOOMED BY A DECISION.
HIS APPEAL FOR A WRIT OF HA-
BEAs CORPUS DENIED.

BEAs CORPUS DENIED.
The Justices Unanimous in the Con-
clusiOR and Their Finding Read
by Justice Brewer-An Exhaustive
Discussion of the Contentious on
Behalf of the plaintiffs Embodied
in the DecisiOn-Must Serve Their
Sentences.
Washington. May 27.-The habeas corpus
case of Eugene V. Debs, ct al, growing
out of the great railroad strike at Chicago
last summer was decided in the United
States supreme court to-day. its unani-
nous opinion being read by Justice Brew
er.
The opinion embodies an exhaustive dis
cussion of the contentious on behalf of
Debs, ct al. and concludes as follows: I'VE
have given to this case the most anxious
and careful attention, for we realize that
it touches closely questions of supreme i'm
portance to the people of this country.
Summing up our conclusions, we hold that
the government of the United States hav-
ing jurisdiction over every foot of soil
within its territory; and acting directly
upon each citizen; that while IL is a gov
ernment Of enumerated powers. it has
within the limits of those powers all the
attributes of sovereignty; that to 1t is COM
mitted power over interstate commerce
and the transmission of the mail; that the
powers thus conferred upon the national
government are not dormant, but have
been assumed and put into practical exer-
else by the legislation of congress; that in
the exercise of these powers it is compe-
tent for the nation to remove all obstruc-
tions upon highways, natural or artificial,
TO the passage of interstate commerce, or
the carrying of the mail; that while it may
be competent for the government
0hrough the executive branch,
and in the use of the entire
executive power of the nation). to forcibly
remove all such distractions, it is equally
within its competency to appeal to the
civil courts for an inquiry and determina-
ton as to the existence and character OF
any alleged Instructions, and If such are
found to exist or threaten to occur, to in
woke the power of those courts to remove
or restrain such distractions; that the
Jurisdiction of courts to interfere in such
matters by injunction is one recognized
from ancient times and by indubitable au-
thority; that such jurisdiction is not ousted
by the fact that the Instructions are ac-
companied by or consist of acts in them
selves violations of the criminal law; that
the proceeding by injunction is Of a civil
character, and may be enforced by pro-
ceedings in contempt; that the penalty for
a violation of such injunction is no sub
stitute for and no defense to prosecution
for criminal offenses committed in the
course of such violation that the COM
plant filed in this case clearly showed an
existing obstruction of artificial highways
for the passage of interstate commerce and
and the transmission of the mail-an OBJ
struction not only temporarily eX-
isting but threatening to con-
tinue; that under such complaint the
circuit court had power to issue its pro-
cess of Injunction; that 1t having been is
sued and served on these defendants, the
circuit court had authority to enquire
whether its orders had been disobeyed,
and when it found that they had been,
then to proceed under section 725, Revised
Statutes and enter the order of punish
ment complained of, and finally that the
court having full jurisdiction in the prem
ises, it's findings of the fact of disobe-
dience is not open to review on habeas
corpus in this or any other court
I'VE enter into no examination of the act
of July 2, 1890 (26 statute, 209) upon which
the circuit court relied mainly to sustain
its jurisdiction. 1t must not be understood
from this that we dissent from the conclu-
sions of that court in reference to the
scope of the act. but simply that we pre-
fer to rest our judgment on the broader
ground which has been discussed in this
opinion, believing it of Importance that
the principles underlying it should be full
ly stated and fully affirmed. The petition
for writ of habeas corpus is denied"
The accused will now have to serve the
sentences imposed on them by the lower
court.
The case arose in the United States cir
cult court of the Northern district of Iil-
nois. Debs and others disobeyed the order
of the court enjoining them from further
interfering with interstate commerce and
the carrying of the United States mails.
They were brought before the court for
contempt and sentenced to from three to
six months Imprisonment The case was
brought before the supreme court on mo-
tion for leave to file petition for a writ
of habeas corpus, which was fully argued
by Mr.. Debs' counsel on one side and
Attorney General Olney op the other The
decision of the court sustains the action
of the court below.