Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-09-21
THE FEDERAL COURT.
Judge Jackson Made the Temporary
Injuuctions Permanent
Against Eugene ". Debs and
Others Defendants Were Not
Represented by Counsel-Other
Business Transacted in the Court.
The Docket Will Be Called This
Morning.

The Federal Court convened yester-
day afternoon, with Judge John ].
Jackson on the bench. AS is custom
airy on the first day Of the session,
very little business was transacted. A
very important and interesting mat
ter came up, hoWeyer-the application
OF Ex-Governor A. =. Fleming for an
order making the temporary inJunc-
ton against Eugene V. Debs ct al, per-
. . manent. 1t was the first matter to be
brought up after court convened in
the afternoon.
Ex-Governor Fleming called up the
Injunction cases, and stated to the
court that in two of the Monongah
cases. which were set for hearing yes
terday, no appearance had been made
for the defendants and in another a
demurrer had been filed before Judge
Golf and the demurrer set down for
argument in October.
Judge Jackson announced that as to
the case in which the demurrer had
been filed, no action would be taken
until the time set for the hearing on
the demurrer. He then asked whether
any members of the bar represented
the bar responded, the court told Gov.
Fleming that an order would be en-
tered in the two cases, in which no
appearance had been made, making the
injunction permanent.
Judge Jackson then said that in view.
Of the public criticism which there had
been of these injunctions, he wished to
say that he had maturely considered
the matter since the injunctions were
granted, and that if he were called up
on to act now he would do precisely
as he had done when be granted the
temporary restraining orders; that what
he had done in these cases was only
what courts of equity had done for
nearly two hundred years. ct is as
much the duty Of the courts" said
| Judge Jackson, ito protect property
| rights as it is to protect other rights.
! There is no reason why individuals
and corporations should not be protec-
! ted in this country in the enjoyment of
| rights of property. 1t is almost alb
surd to say that there is an adequate
remedy at law in these cases without
the Intervention Of equity. Right,
| equity and justice constitute the sub
| stratum upon which law is founded
Equity and law are both manifestations
of the same abstract justice; and where
there is no adequate remedy at law the
| courts of equity should freely inter-
vene to provide a remedy"
When court adjourned it was until
10 o'clock this morning, when the doc
ket will be called The following bust
ness was transacted yesterday:
First National Bank of Parkersburg
e. Of Wood
| case remanded to Parkersburg for
| trial.
John. W. Halpenney VS.. Baltimore &
Ohio Railroad Company, from Wood
| county; docketed.
Railroad Company, from Ohio county;
docketed
w. B. Gibbler vs. Baltimore & Ohio
Railroad Company, from Ohio Gzunty;
docketed.
Washington Trust Company vs.
Wheeling Bridge & Terminal Railway
Company on petition Of Erskine & AL
lison, hearing was set for September
%.
W. B. Petit & Co. vs. German-Amer-
lean Insurance Company, from Brax-
ton county; docketed.
Same parties against ScOttlSn Union
and National and Insurance Company
of North America; docketed.
T. F. Mccoy, Of Sistersville, was APP
pointed a United States commissioner;
also G.. E. Boyd, Jr., Of Wheeling. Both
qualified.
United States vs. Nelson Virgin; de-
PENDANT appeared and case continued
until next term.
D. w. Stewart VS.. Baltimore & Ohio
Railroad Company; declaration was
amended at the bar.
The petit jury appeared.