The New York herald., 1922-09-04
The Injunction Power of the
Federal Government.

~ 10 u NOulilAOu LuiH6 nOn W
speak Of President CLEvELANp's action
in the emergency of 1894 as il 1t was
based solely upon the demand of the
Post ONCE Department that obstruc-
tions to the mails should be removed.
Nothing could be further from the
truth. Over and over again Mr..
CLEVELAND made it clear in his own
writings that side by side with the
specific matter of the operation Of the
United States mails was the broader
question of conspiracy in restraint
of interstate commerce.
On this double ground, at the ini-
tiative of Acknowledgement RICHARD
OLNEY. the Presidents legal adviser,
the Federal Court through Judge
GRosscUP granted the memorable in
junction of July 2, 1894. And it~was
on this double ground, the blocking
OF the mails and the conspiracy to
interfere with Interstate commerce.
that EUGENE DEBs, organizer and
president of the American Railway
Union. served term in jail under
sentence OF the United States Court
for refusing to recognize and obey
the courts injunction.
"The key to these dispatches, /"
wrote Mr.. CLEVELAND in 1904, speak
ing Of Mr.. OLNEY's kilograms of In
struction to the representatives OF his
department in Chicago-"the key
TO these dispatches is found in the
determination of the Federal author
tiles to overcome by any lawful and
constitutional means all resistance
to governmental functions as re-
lated to the transportation of mails,
the operation Of interstate commerce
and the preservation Of the property
of the United States"
Similarly in Mr.. CLEvELAND's dis
patch of July 3. 1894. to Governor
ALTGELD the several reasons for Fed
eral Intervention were distinctly
stated. ALTGELD protested against
the ordering of Federal troops to
Chicago as unnecessary and unlaw-
full. The President left no doubt
in the mind OF the red radical Gov
Governments theory of procedure.
CLEVELAND said to ALTGELD.
Federal troops were sent to Chi
cago in strict accordance with the
Constitution and laws OF the United
States. upon the demand OF the Post
Office Department that distractions
to the mails should be removed, and
upon the representation OF the judi
cial officers OF the United States that
process of the Federal Courts could
not be executed through the ordinary
means. and upon abundant proof that
corspirdcies eristed against COM
D,erce betloecn the States. To meet
these conditions, which are clearly
unhia the province Of Federal au-
thortty, the presence of Federal
troops in the city of Chicago was
deemed not only proper but neces-
sary."
And finally, when the sentence Of
the defiant leader DEBs for disobey-
ing the Federal Courts injunction
came up year afterward for review
on appeal to the Supreme Court at
Washington. the unanimous opinion
OF that tribunal, delivered by Mr..
Justice BREWER, clearly recognized
and fully approved the inherent
power OF the Government to execute
by means OF physical force through
its official agents, on every foot of
American soil, the powers and func-
tions belonging to it. And Justice
BREWERS opinion, the unanimous
opinion of the court of last resort,
defined these Federal powers and
functions as including not merely the
carriage of the mails but also "the
interstate transportation OF persons
and property"
All this should be of concern to
those misleaders OF organized labor
who, like the Debses OF yesterday and
the Gomperses of to-day. deny the
validity OF Federal injunctions and
rail at and assail the courts issuing
such injunctions in behalf Of the
major party in interest, the people Of
the United States.