The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-02
Daniel II. Baldwin. Speaks.

Daniel II. Baldwin Speaks.
Daniel P. Baldwin. who was attorney gen.
eral while Judge Woods was on the Su-
preme Bench, said.
There are two occasions in the judicial
career of Judge Woods upon which L like
10 dwell. the one an occasion or obloquy and
almost defeat of a deserved promotion, and
the other a case of triumph and national
gratitude-the former really the parent OF
the latter.
I'm 1888 Colonel Dudley sent out the cele-
brated blocks of five letter. In 1t he, as
political manager of his party, advised the
local shepherds to divide their fiocks of
voters into blocks of five and thus to make
sure at the polls that the goods were de-
livered. While nothing was said about pay,
that was necessarily implied. After the
election the Democratic party or Indiana
rightfully claimed that the federal statute
against bribery should be set in motion as
against Colonel Dudley. They said that un-
der the liberal wording of that statute this
letter was an attempt to debauch the fran
chise-one of our most sacred possessions.
Accordingly when the grand jury met,
Woods charged them in general terms, so
worded that an indictment might have been
and probably would have been returned
| against Dudley. Realizing afterwards how
serious the occasion was, he called In con-
sultation some of our ablest lawyers, one
of whom was ex-senator Mcdonald, than
whom Indiana never saw a better Jur1St
nor a more rigidly honest man. Mcdonald.
after examining the English cases. con-
GUIDED that the publication of the letter it
self was criminal whether the voter had ac-
tually cast the purchased vote or not. Judge
Woods made UP his mind to the contrary
and that actual proof of this latter fact
was necessary. Accordingly when the jury
asked for more specific instructions. Judge
Woods gave them, couched in such words
that made an indictment against Dudley
wholly useless. In the heated temper of
the community following so soon after such
a bitter contest and disappointment, doubt
less this was NOT WO0dS'S manifest way out
Of the difficulty. A more polite Judge would
have let the jury return an indictment and
| put both parties to their ablest argument
upon its validity. Then, after taking time
enough TO allow passions to cool, he would
have quashed the Indictment in a long
winded opinion which nobody could COM
prehend or would read. But Woods was not
that kind of a man. AS a lawyer at the bar
he was combative and opinionated: AS a
judge he knew no fear; He thought
that Dudley should not be put to
the disgrace of an Indictment, which, un-
der his view of the law, could not be sus-
tanned. He looked upon a judges duty to
protect the rights of the accused.
A FURIOUS STORM.
| "It is needless to recall the furious storm
that burst upon him. From one end of the
Union to the other Woods was pointed out
as the federal judge who could be relied
upon to protect a party scoundrel. Con-
trary to the advice of Judge Harlan. his
superior officer, Woods issued a pamphlet
in his own defense. Harlan advised a lofty
and c~ontemptuous silence and pointed out
that a judge occupied too digniled a posi-
ton to engage in a pamphlet controversy.
A couple of years later when Harrison sent
in Judge Woods'S name for promotion to
the circuit bench, the storm broke out
afresh. See said Woods's party enemies,
the President STANDS by his friends.
Woods's reward has come This was a
most cruel and atrocious charge, yet so eff
fective was 1t that In a Republican Senate,
after eighteen months delay. WoOdS'S pro-
motion was only confirmed by a majority
OF one.
After the lapse of years 1t 4 is almost uni
versally regarded by lawyers that Woods
was cruelty and unjustly treated in this
matter from the start. He was simply pro-
tecting the rishts of an unpopular man
guilty OF great indiscretion but OF no
ally endured the odium because he felt that
he was discharging a public duty. In my
judgment. nothing in his whole judicial
career so rebounds TO his honor as his
tenacity of purpose in the Dudley con-
troverSy.
LET US now turn to another phase of
ago while Cleveland was President a great
labor strike broke out at Chicago. For
days. and even weeks, the entire railway
system of that great metropolis was tied
up. Under the infiammatory appeal of Debs
and other labor agitators. the rioters tore
up tracks and burnt cars. 1t was a veritable
reign or terror. Cleveland, as CnleI eXecu-
tive. and Woods as the head of the judi
ciary at Chicago, were appealed to for pro-
lection OF life and property. Unfortunately
just at this time some foolish injunctions
had been granted in favor of railways and
against their employees, and so absurd were
many of their provisions that the cry went
up all over the country against govern
ment by Injunction These injunctions had
always been in favor of capital and against
labor, and uniformly railroads were plain
tiffs. Woods was the judge for the emer-
49,, liz IaI laornal hfc 1occnn fravn The
Coy and the Dudley cases here at Indian
apolis. He knew the value OF nerve and
patience. He promptly and fearlessly is
sued injunctions against Debs and his COM
p%anions, Notwithstanding they represented
powerful labor organizations and had the
sympathy of the entire laboring people
OF the United States. President Cleveland
at Washington at the same time showed
the same marvellous courage that Woods
did at Chicago. Disregarding the protests
of the chief executive OF Illinois, General
Palmer. himself a Democrat, Cleveland un-
hestitatingly sent troops TO Chicago and
bayonet and injunction fought the mob
side by side. 1t was a spectacle long TO be
remembered; armed and mob violence or
one side. the law and the United States
army on the other. Ii is needless to add that
law and public order soon prevailed and
that the workmen themselves quickly saw
that a government that would not enforce
order and protect property was of no bene-
Mt to them.
DAY OF RECKONING.
hlu ~ nat ~ AARN was tSStu
came the day Of reckoning for Debs and
his associates. Disdaining TO punish the
mere instruments. the brakemen and fire.
men who applied the torch. under the or
ders of their leaders. and through a mis-
taken sense Of loyalty and duty. Woods
promptly had Debs arrested and put in jail
and imposed a heavy money fine upon him.
From this sentence Debs and his friends
appealed 10 Washington and the United
| SsnfRE Sfnrema Court NOW that great fri
bunal Is so built that unanimity with them
is one of the lost arts. All OF its nine great
judges are so many caves OF dissent upon
any great constitutional or political ques-
ton. For forty-five years. except in the
Debs case. there has not been a unanimous
political or constitutional opinion. This
great legal tender cases were each a two
man decision; the great income tax case
and the greater insular decision of last May
were each a one-man decision. that is. de-
cided by a majority OF one only. But In