The record-union., 1895-03-27


Appeal for the Defendants.
Special to the RECORD-USION.
WASHINGTON, March 26.-The hearing
on the application of Eugene V. Debs
and others for a writ of habeas corpus tor
their release from Imprisonment was re-
Humed promptly on the opening OF the
Supreme Court of the United States at
noon to-day. Attorney General Olney
made the first argument, speaking IN be-
half of the Government in opposition TO
the application.
Mr. Olney said the single question
before tho Supreme Court was whether
the court below had jurisdiction of the
case made by the original bill, ana pro-
ceeded 10 show that as he viewed the mat
ter it had. He devoted but very little
time to the discussion OF the Govern
ment's technical relation to the mails and
the mail bags, or to the provisions of the
Act of 1890, which he characterized as an
"exporimental piece of legislation" and
passed Immediately To the consideration
OF the strike as n violation OF interstate
commerce regulations.
The interstate commerce, which is
subject TO the regulation OF Congress,
comprehendS. he said, n great variety OF
different subject matter. 1t is held, as
respects some OF them, that in the
absence of positive legislation thereon by
Congress there may be action by 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 Juris-
ulctiOn of the nited States becomes aD-
.aN - q aIl
Intercourse and trans portatiou between
the States, and all the instruments OF
either, are admittedly parts OF interstate
commerce Transportation of passengers
and freight by railroads is OF course in
CludeG. Not only Is that so, but II Is also
true that Interstate railroad transporta-
tlon has been taken IN especial charge by
Congress. Having power 10 control II,
Congress- has not permitted the power 10
lie dormant, but has freely and declslyely
exercised il.
lie theu enumerated many of the Fed
eral laws bearing on the question Of in
torstate traIuc, including those applying
10 the mail service. those relating TO the
carrying of livestock aud those requiring
the use OF certain kinds OF braH a., exc.
But in this connection, and for the pur-
pose, lie continued, il Is more important
10 note the provisions OF several general
statutes which cover The whole feld OF
interstate railroad transportation, ana
show most COuCiusIyssy the purpose OF
Congress 10 exclude every other source
ana form OF regulation except lis own.
Section a-1S OF the revised statutes de-
ClUres as follows: Every railroad COM
pauy whose road is operated by steam.
lis SUCCESSORS and assigns, are hereby 4u-
IlOrZsd 10 carry upon ana over lis road
boats, bridges ana ferries, any property
ON their way from one State 10 another
State and 10 receive compensation there
I Fa nF OF f1.1..
States SO aS 20 form continuous lines for
The transportation OF iua same 10 the
place or their destination"
Having by this legislation made street
railroads interstate commerce carriers Tor
botn governmental and private purposes,
Congress. by the Act OF lSo1, known IS
The Interstate Commerce Act, luaug-
Urated measures more radical ANA COM
preueuslva than anything ever ue4O-e al
tempted ty virtue Of rs power TO reg Ula,e
commerce. Ey this Act The principles
IN accordance wlGh which Interstate
transportation SlNA o5 conducted are
lalu down AND defined, thelr Violation Is
luolu.t5u under severe penalties, and. 10
crown tAe Go4e, III the Interstate COM
iueice railroads 0t rle cOantry are praC-
ucally pax IN charge o. commission,
which - 10 see TO IL tha. their duties as
Interstate carriers As provided by Con-
Evuss are faithfully discharged. Finally.
recognizing the existence OF Gu uNI. us
great magnitude, Congress, by aC. uI
October j, l>~>. made provision .l- the
creation @. boArIs o. Arbitration TO se.gie
controversies between railroad ColFpa-
uss~ ana sLy.r employees, ~ llcA Cuu.rl-
vogsIes are a.ytu- llv e..ec. ol aluuegIuE
aud lutegEUg-uE.
"As ma.ler ~ fact" he said. in July,
->, Interstate railroad transportation
was being .nteC.ergu W.lu IN Tie State ut
Illinois and tuo ~ gl Galca-u. i. Was
EH Hr +. .#. ~ =
voust- aeuees aud incidents. lae gEasau.
NeU-aueEs aga 70 the fullest extent Re-
spuU>glle, an .eSs i oa true taaE Iueu can
Wausoa.y touch .Le match 10 powder ana
Yet Lea u.GLsg.ESS because nos E.Lls.y
Eca-IE.-E -aa ensuing devastation: u4Lass
J. Ce true Eoag tagse ~Eo sees 10 execute
p-e, ry ANY means posi- u4e II .ls open,
ANA .aS.a- g1s legal CouszQ ueuceS upon
Ilu.r agssts, axe -H Ee branded - SElLa-
l-a.s, SO -L.y tG1sa " G0 -. In au os.scS Aud
AS,-- .-a E.as and U.Lg on lIs CousUul-
IDa-au are ,g ~ ~uw LEppeG %. justice g9-
cause gt -la .uaL-uGau,ly,i pr seSs.lU 0.
whine III genera. aud resptc. ior law and
CsGsr b. particular
IGe Attorney General a6u5.Iat gaSE {.
was jGa Glsy ys >sa-C authorities 70 CsSA
NE-,o tcr.4.a phases @. tue CGsaSss CON-
-.s..E&. ana sall. "lI they had done -
promptly Aul vigorously, interstate rail-
way transportation Us-lg pOss!gly nave
not c,2~-.., uat. &uS.cag; o. --1.r doing
t-lS- ,ueE allowed ~ss S.-ec l-y - pass,
IE--s,51 either Iy .-.As inactivity OF o.
CAry. 50 -.,--ts Cec.sG .rlL lUG.e4U Uate a. 60
&EEsAvA-G S.4 ELa evils CE lGe >s.Us.GCD.
tssacg 5, Je>A.Is necessary Egr Size Cow
s-N-.el.- 70 >-oT III. Uy- ~. IL defense q.
E-.-s.N a.-.4->, eLs In H-s~.Glsce e. IS suas-
Ea.tl-> t1 r-~-tc- interstate commerce,
ss@ -se@asa {. - ,-e GG:y OF every s-ov-
e>@-ssl. % exercise Is s0ac1oaS Ns-asl-
eNSr otra>.ols rs.s ARES.
49, -.ssE .l5a passed on 10 lie Con
s.se5S,-2is y. ,-a u.e@2s ~ cae command
y. -~s- <rfsI1E,Ess.s .rg he 81 .s-asstuu ot
me str.A ,-a rrsucsuAl II "a g.--r .,vas -lla
courts .--- q. ~S- De dsuea-uG uucu 80
lar as EE-~ll,Ny-a .a Ss&L gE.l H.
Ns N-DeE s1s1 ErucssG 70 consider the
G>sSS.ttcg tGGl .-s C...,a-s .ssa., ? ,s,s 49,,
rcp.lO-S- &ol 70 ccGsrovaE. .sls. Il .s,s-z,.fs9,
q errors AZ -Gs cu.r- ue rN ssF - clos
--- S-,slc ~ -,G- WAS done zv ssa tTr.--
e--.-s-l1-s ana 1sS SrGrs as N-l--s-rg in Es.a
sg-G meg o- 1888 sGs Gczss GA ssts-r-s-sr-
VLS --glsag 42lI -ssLc u1g- evsasS s.-r5-
lo- IN llSlg. Selves ANA III .s s-a.a IN
" l,cs -lEy essre -CuG-scssts Gus. grE-s-
SSSs-E-y All52.aa Go saa 2ss--- -rz.Ea-s a.
Ne - 90 -Gs pass rs o- alza. L1s .sc..ee.
ACG Uf0ta~z.- ssis--t, - slGc s.. even svs-
Tsl @ttG ls4JgEslAE lsc.uc@r-a 1la. tor tas
cNSeasleG o. CGc1cfgaL tlGcas--s every
EO,as O. svery Safe IS Gs..l-sl sstl AMI
1tS->a1EA- property, >Suce -Ae-l sle saats
ksctttF las s&Sl pGrSGs-2z,sAy pursued
sItS t1s CoNerrIzsse 5t.t RI ee ul.y, sisz
l1l0gcs1os -.a2 gas proceedings fc- .5rs-
EsasES. 1&Ys a. been Loudly Condemn ned