Respectfully yours,E. V. Debs, Pres.G. W. Howard, V. Pres.S. Kelliher, Secy.American Railway Union."
Respectfully yours,E. V. Debs, Pres.G. W. Howard, V. Pres.S. Kelliher, Secy.American Railway Union."
The proposition was rejected and spurned by the General Managers Association.
Is there a man so utterly lost to the sense of justice, that would conscientiously dispute the manly fairness of this communication?
The object of the general managers was too apparent, their position was clearly defined. Their determination to wipe out of existence all railroad organizations was as fixed and unmovable as the Rock of Gibraltar and why should they recede from their position?
The federal courts and federal government (owned and controlled by the corporations) decided that the constitutional rights of free speech and trial by jury, equal rights to all and special privileges to none, was a farce. In their narrow money-loving minds there could be no rights forhonest labor, and determined there should be no rights for a workingman. After this decision of the general managers the American Railway Union could do nothing but fight out the battle to the bitter end.
Eugene V. Debs,—representing a body of honest toilers with no other motive than to obtain for them living wages, his heart overflowing with generous impulses and humane kindness, his noble nature revolting against the tyrannical oppression of his fellow man by the soulless corporations, a man who loves his country with patriotic devotion,—for these reasons and no other, was indicted and arrested on the charge of criminal conspiracy, while John M. Egan—representing the General Managers Association, a giant monopoly and powerful money grasping trust, built on the people's land and with the people's money, a combination foreign to American institutions, usurping the functions of the government with avowed intent and purpose to take away the rights of organization from the working man and reduce him to a condition of absolute slavery,—was allowed to continue his nefarious work without interruption. Surely this partial, one-sideddistribution of justice, openly and defiantly administered, deserves the severest condemnation of every loyal American citizen.
The Pullman boycott had now ceased to be the point at issue in the strike. It was now the life or death of railroad organizations.
The strike situation still looked very bright for the men.
At St. Paul and Minneapolis the business of the railroads, with the exception of the Soo Line, St. Paul & Duluth and the Great Northern, was practically at a standstill.
On the St. Paul & Duluth the men as a whole refused to strike, a few firemen and switchmen left their positions at the call but did not seriously affect the operation of trains. This was also true of the Soo Line. The Great Northern so far was not implicated as they used no Pullman cars and positively refused boycotted freight, that is, freight offered by railroads whose employes were on a strike. The Minnesota Transfer, which was the key to the coast lines, was completely blocked, and this condition was duplicated in almost every railroad center throughout the country.
Encouraging telegrams were being received from all points contradicting the reports circulated by a subsidized press that everything was running as usual. So far the men in the Twin Cities were conducting themselves in such an orderly manner that even the press could not rake up one charge against them. They strictly adhered to the advice of President Debs to keep out of saloons and away from railroad property. The only action taken by the strikers was to induce other men by moral persuasion not to take their places and assist the managers to operate the roads.
For this Charles J. Luth was foully murdered by one Leonard, chief clerk in the office of James McCabe, superintendent of the C., St. P., M. & O. Ry.
On the evening of July 14, Leonard, in company with Bert Nash, also an employe of the same railroad, brought a lot of non-union men to a boarding place in St. Paul, known as the Minnesota Home. Luth followed them into the house and requested the proprietress of the Home not to board them as they were in the city to take the place of strikers, and while explaining the situation, became involved in analtercation with Nash. Leonard interfered and was told by Luth that he was little better than a scab, whereupon Leonard drew a revolver and fired five times, all of the shots taking effect in the body of Luth. Two of the shots were fired after Luth had fallen to the floor.
These facts were given by an eye witness who afterwards took the revolver from Leonard.
This dastardly, cold blooded murder worked the strikers into a frenzy of excitement, and had it not been for a herculean effort on the part of older and cooler heads, a lynching would surely have occurred.
This foul deed was absolutely unwarranted as Luth was unarmed and alone, and if he had harmed or threatened to harm any one, an officer could have been called and he would have been promptly arrested.
Luth left a wife and two small children to mourn his loss and grieve over his tragic end.
The funeral procession that followed the remains to the grave headed by the Knights of Pythias and Foresters, was the largest ever seen in St. Paul.
President Debs felt confident of victory. Addressing a meeting at Ulrich Hall, he said:
"We have just finished reading 160 telegrams in not one of which there is any sign of weakening." He dwelled on the action of the general managers refusing to entertain the proposition made to them, and the necessity of the men remaining loyal to one another. "The law seems to be against us as it is read by some, but if the law makes it a crime to advise you men against the encroachments of capital, by all the Gods united I will rot in jail." Referring to the attitude of other railroad organizations, he said: "Men in such positions as myself and Mr. Howard cannot afford to be on good terms with general managers. If we are we cannot be your friends. It is true, however, that certain officers of certain other organizations ride on annual passes and spend months on fishing excursions at the expense of the railroad managers, but it comes out of your wages in the end."
Members of the Brotherhood of Locomotive Engineers present, informed the officers of the American Railway Union that Chief Arthur had issued orders for men to work with scabs, and that he was supplying scabs to take theplaces of men on strike. In other words, he was running an employment agency for the benefit of the railroads.
The general managers' defeat on the fifth day of the strike was beyond all question of a doubt. They had summoned to their support the federal government with the result previously mentioned, but the government aid was not sufficient to operate their roads. They must have a number of the old men to educate and aid the scabs in the performance of their duties. At this critical time the services of their faithful allies were badly wanted. In this, their time of need they knew that those men who had feted, dined and wined at their expense would prove faithful to them and traitors to the orders they represented.
The damnable spirit of treachery that evoked Benedict Arnold to betray his country predominated in the hearts of these double-dyed scoundrels. They were not only ready and willing but feverishly anxious to assist the corporations to enslave the men that they were oath-bound as well as duty bound to protect. Grand Chief Arthur, representing the engineers, who had grown old in the service of thecorporations, and whose wealth was estimated at half a million dollars, in direct violation of the constitution of his order, ordered his men to work with scab firemen. Not only this, he ordered all those who were on strike to return at once to their engines and in case of their refusal he would supply men to take their places. This was also true of Grand Chief Sargent of the Firemen and Wilkinson of the Trainmen. Clark of the Conductors, and Barrett of the Switchmen advised their men to return to work as they had no grievance. But only a part of these men would be taken back by the companies, and what under the sun did these chiefs intend to do with the others? Positively nothing. But the result was exactly what they intended it should be, and the men were applying to the companies—in lots of ten and twenty in the different cities—for their positions.
The dark deeds of treachery were now rife in many places especially in the Twin Cities. At this point the blockade, which was on since the strike began, and which was the key to the situation in the Northwest was raised.
The Great Northern was the only line in operation to the coast, and under instructions fromJ. J. Hill, the president, refused to accept any freight from roads included in the boycott. The men were instructed to decline even to throw a switch or assist in any manner any road on strike, as the Great Northern company did not wish to be drawn into the difficulty. In fact the men on this line were, almost to a man, members of the American Railway Union, and could not even if asked to do any act that might prove a detriment to their brothers. At this time there happened to be sixty car loads of twine in St. Paul, a greater portion of which was at Minnesota Transfer. This freight was consigned to points on the Great Northern Line and a committee headed by Harry Gray, chairman of the general board of mediation of the American Railway Union on that system, appeared at the rooms of the central strike committee and asked permission to switch out the twine, giving as an excuse that the farmers were in need of it.
This permission the committee was loth to grant as any move toward raising this blockade in the Twin Cities might prove detrimental to their cause, and further action on the matter was deferred until it would be submitted to the different unions interested.
That night at a meeting held at Plummer Post Hall in Minneapolis, the American Railway Union headquarters, a committee of farmers, from the peoples' party convention in session there at that time, were admitted.
When appraised of the nature of the trouble they stated that they had contracts with the twine companies to deliver their twine and on failure to do so the farmers would suffer no loss. They further stated that the farmers would bind their grain by hand before they would ask the men to do anything detrimental to the success of the strike. This settled it as far as the twine was concerned. However, the next day, the officials of the Great Northern took an engine and switched the twine out themselves without any objection being made by the men who stood by while the work was being done.
This was the beginning only.
The next move was a positive assurance of treachery.
The Burlington road had about thirty cars of water pipe for the Great Northern, and this same man Gray again waited on the central committee for permission to move the freight, saying, that he had the assurance of thecompany that no more concessions would be asked. His request was promptly refused. Later a committee of switchmen called on the central committee for instructions and were told not to move the freight under any conditions.
They left apparently satisfied, but nevertheless the cars were moved; no one seemed to know how but it became apparent to the strikers that a traitor was in their ranks, and took immediate steps to ferret him out, and have the embargo once more placed on business at this point.
Gray of St. Paul, and Foster of St. Cloud, were openly accused of being the traitors to the cause, although others were thought to be implicated. Charges were preferred against Gray in the Union, but nothing ever came of it. Every conceivable means was used to again cause a blockade at this point but to no avail.
The switchmen promised to refuse to handle boycotted freight if the road would support them in case of discharge, which they well knew was inevitable. It would be simply a sacrifice to strike in the yards of St. Paul and Minneapolis without the support of the whole system, although after a canvas of the road, when it was found that the majority of the men voted againsta strike, the switchmen of these cities sent word that they were ready to ask for their time and quit the service of the company if the Union so desired. This proposition the strikers would not accept, not caring to sacrifice a few loyal switchmen whose places could be easily filled if the rest of the employes remained at work.
This result was wired to Chicago, and Director Goodwin was sent out to see what could be done. His efforts were fruitless. The road was again canvassed with the same result, and Goodwin returning to Chicago, Mr. Burns, another director of the Union, was sent to take his place, but with no better success.
They positively refused to strike. The traitors with the price of their treachery in their pockets had been there first and accomplished their purpose.
The damnable traitors responsible for the raising of the blockade were also responsible for the suffering and untold misery of the noble men whose sympathetic hearts went out to their brothers in Pullman, and who without money were obliged to leave their homes (in many cases only partly paid for) and seek employment elsewhere in order to provide for their families.
The switchmen in the employ of the Milwaukee road at Minneapolis, now—fearing that the treachery of the men on the Great Northern Line would lose the strike in the Northwest—applied for their positions, and all who were wanted were taken back. The men who were employed by the Omaha Railway at East St. Paul, took the same course, but all others declared their intention of standing out until the American Railway Union called off the strike.
Disasters seemed to follow one another in rapid succession at this time. In many places the weak-kneed men were applying for work and circulating false stories to induce others to do the same. The news went flashing over the wires that Debs, Howard, Rogers and Kelliher were in jail. But this news did not have the depressing effect on the men that was expected, in fact it only caused a feeling of indignation and the strikers were now more determined than ever to stand up for their rights and fight out the battle with renewed energy.
In making this statement I do not refer to the poltroons who were continually raising the cry: We are lost, but I refer to the noble men who spoke from their manly hearts, and with words ofno uncertain sound declared their intention to go down to defeat if need be with those grand, noble, generous hearted men, who signified their willingness to rot in jail, or even mount the scaffold in defence of the just and righteous cause they had wrapped their lives in.
Could it be charged that they were actuated by selfish motives in the cause in which they had enlisted? No! A thousand times no! If Eugene V. Debs could be induced to turn his magnificent executive abilities over to the railroads instead of the poor enslaved workingmen, these corporations would place him upon the highest pinnacle of plutocratic fame, and no one can dispute George W. Howard's title to being a workingman's friend, for by his actions on more than one occasion he has proven himself to be a friend indeed, and actions speak louder than words.
Yes; the four officers of the American Railway Union were in jail. United States Attorney Milchrist appeared before Judge Seaman in the United States district court on the morning of July 17, and on behalf of the government filed information presented by George R. Peck, who represented the general managers and receivers of the Santa Fe system.
In response to the prayer of the district attorney, Judge Seaman issued writs of attachment for the appearance of Debs, Howard, Rogers and Kelliher, directing them to be present at the afternoon session of the court and show causes why they should not be punished for contempt in continuing to disregard the injunction of the court. W. W. Erwin, of St. Paul, W. A. Shoemaker and S. S. Gregory, of Chicago, were retained to defend the men on behalf of the American Railway Union. The voluminous information made up of telegrams, copies of injunctions, etc., was read by Attorney Milchrist, after which the court ruled that two separate attachments be issued and separate records be kept.
Mr. Gregory stated that he failed to see why the government should interfere to protect property rights of railroads, and this called forth a retort from Mr. Walker that Uncle Sam was seeking to protect only the interstate commerce and the mails and not the railroad property.
The information embodied almost everything pertaining to the strike, and over an hour was consumed in its reading. Telegrams sent out to strike leaders by President Debs were submitted but contained no startling facts.
One of these addressed to H. E. Sarion, Garrett, Ind., read as follows: "Have all classes of employes withdrawn from service at once." Another to Charles Fink, Oakland, Cal., says: "Commit no violence." Mr. Debs' communication to the railway managers suggesting a settlement of the strike was incorporated in the information as was also the question of Chicago public health in the matter of removing dead animals from the city. Several newspaper interviews and a copy of the original injunction issued by Judges Wood and Grosscup was also contained therein, and after Peck of the Santa Fe had sought to bolster up the information with an argument, Mr. Gregory urged that the defendants had not been charged with violence, and declared that it was his belief that the testimony should be taken by a master. Mr. Walker opposed this in favor of a hearing in open court and was sustained. This led up to a long legal wrangle participated in by both sides, and a fiery speech by Mr. Irwin of the defence, in which he denied the jurisdiction of the court, and hinted at monarchy and dictatorial methods. Mr. Walker pressed his motion that the defendants be placed under bonds to appearbefore the court and Judge Seaman fixed the bail in each case at $3,000. Mr. Debs, declining a score of offers from prominent men to furnish the necessary security, decided to go to jail. In reply to a question Mr. Debs said: "This is the first time in my life that I have been incarcerated in a jail, but with us it is a matter of principle. We have had many offers of bail but have refused them all. The poor striker if arrested would be thrown into jail and we are certainly no better than he, we will eat regularly, prison fare, and expect to be treated as any other prisoners would be."
Their trial was set for the following Monday.
The strike situation was now in the balance. The managers and their faithful allies the press, had given it out that the strike was off. One fact that could not be denied, was that P. M. Arthur, of the General Managers Association,—though still representing the engineers—was doing great work for the companies, as the engineers were returning to work pretty generally throughout the country. Sargent of the firemen was also playing his cards well, but not meeting with the same success as the "grand old chief." Wilkinson of the trainmen was sending out his orders and ultimatums, thick and fast and his men were now fast returning to their old positions.
It was now a question of whether the men would prove loyal to themselves and their best interests, or loyal to the companies who were putting forth their best efforts to trample them to earth, and it is a painful fact that many ofthem were so blinded to their own interests,—through their craven cowardice—that they returned to work, and, to what will be in the near future beyond a question of a doubt, longer hours, less wages, and the complete annihilation of all semblance of rights.
The strike was fast resolving itself into a switchmen's fight against the railroads. The yards were in the worst imaginable shape, and the engines were sadly in need of repairs. Shopmen, freight handlers, trackmen, and car-repairers were still out. Office men were now back at work with the exception of a few. The majority of the strikers were still loyal to the cause and the American Railway Union was sure of winning. The Knights of Labor did not respond to the call of Grand Master Workman Sovereign as generally as was expected, and the Federation of Labor had decided not to strike at present, perhaps this may be accounted for by the reports given out by the general managers that the strike was off and trains running as usual.
The United States troops in the pay of the government were still doing service for the railroad corporations.
Authenticated reports—given out by thestriking committees—from different parts of the country would not seem to bear out the statements of the general managers.
These committees had reports in regards to the operation of the roads, as complete as the officials of the roads themselves. They were thoroughly posted on the number of cars moved each day by each company, the number and character of switch crews at work and the number of strikers who had gone back to work. In short, everything that had a bearing on the result. This was part of the duties imposed upon them and they were faithfully carried out.
Thirteen Pan Handle switchmen brought to Chicago from Pittsburg through misrepresentation, when informed of the true state of affairs, refused to go to work, and demanded transportation back to Pittsburg. They were given orders for the necessary transportation, but on presentation the companies refused to honor them. This was also true in the case of half a dozen men brought in by the Ft. Wayne road.
The scabs on the Chicago & Eastern Illinois, through ignorance and incompetency burned up five engines and wrecked as many more. One splendid new engine was blown up twenty milesfrom Terre Haute, while en route to Chicago. Yard service was of the worst possible kind.
The Illinois Central was doing no freight business to speak of, in fact the condition of this road was still worse than the Chicago & Eastern Illinois.
The Northwestern shops at Fortieth street, employing over 2300 men, were idle, only about twelve men signifying their willingness to work. The Galena division of this road, while making quite a bluff at handling freight, was not accomplishing very much, as it took them two days to unload a stock train.
The Milwaukee road was doing better, having at work fifteen engines days and fourteen nights, but being manned mostly by green and incompetent men, were not making great headway. In all some 350 cars were gotten out and about 300 received in one day which is very small business for this line.
The Wabash had only one engine at work nights, and this was guarded by a company of troops and about twenty deputy police. They succeeded in breaking down two posts, one at Polk street and another at Taylor street station, causing a damage of some $300 which was allaccomplished in one night. The Chicago and Blue Island were now working two engines (this company generally worked ten), manned by scabs, one of whom was a nigger.
A committee man from the Grand Trunk reported that only three men had returned to work.
He said a personal friend of mine, a business man from Valparaiso, and whom I know, is in touch with the Grand Trunk, informed me that a Grand Trunk official had said in his presence that his company could not do business unless they made some kind of a settlement with the switchmen.
Through John Downey and Miles Barrett, of the Switchmen's Mutual Aid Association, a meeting of switchmen was called in a hall at Eden to induce the switchmen to return to work. This meeting was "packed" in order to secure a majority vote in favor of returning but the scheme did not work.
All the officials on the Pan Handle admitted that they could do nothing without the assistance of the old men. They had a few "stake" men whom they were paying $5.00 per day, but not enough to do any business.
At Union Stock Yards all switchmen andassistant yard masters were out, and at the yard of the Street Stable Car Co. out of 300 men only three were at work.
All men at the Burton Stock Car Co., the Canada Cattle Car Co. and the American Life Stock Co.'s yards were out, and refused to work under police protection. At Armour's car shops only nine men returned out of sixty who went on strike, and at Swifts only five out of forty-two. The yard trackmen were all out, as were also the Illinois Central switchmen and the Rock Island machinists and boiler makers.
This was the condition of the strike in Chicago and the same existed in all parts of the strike district. Messages were received from many points saying that only those men who were subservient to the orders of their chiefs had returned to work, and from some points came the news that the strike had gained strength owing to the arrest of President Debs.
The enemies of the American Railway Union had now began a systematic course—as dark and devilish as it was designing—of poisoning the public mind against Debs, who was, so to speak, a gagged prisoner and unable to defend himself.
Such reports as: Mrs. Highenbotham was dying in Montana and Mr. Highenbotham appealed to Mr. Debs to allow her to be brought home by special train and see her friends, and Mr. Debs' brutal answer that not a wheel would turn.
Whole columns of such falsehoods were published and circulated broadcast throughout the land, but not one word was written of the generous acts of this noble hearted man. When he was seen to pause in the most trying moment of his life to listen to the tale of distress and suffering related by a poor widow woman, and going down into his pocket, hand her a five dollar bill, all he had with him, this great and just public press was silent.
Then the blacklisting of ex-employes began, the Missouri Pacific taking the initiatory step. The following certificate given to a yard clerk will speak for itself.
"This is to certify that —— has been employed in the capacity of yard clerk of the Missouri Pacific system from April, 1893 to June, 1894, at which time it was necessary to lay him off on account of a strike in the yards. He applied for work on July 18th, but in themeantime it was learned that he was a member of the American Railway Union and was in sympathy with the strike movement, so we could not re-employ him. His work and conduct up to the time of the strike was perfectly satisfactory.
J. S. Jones,Terminal Supt."
On the 23d day of July, the day set for the trial of the officers of the American Railway Union,—Debs, Howard, Rodgers and Kelliher were on hand to answer to the charge of contempt.
The court room was densely packed, when Judges Wood of Indianapolis and Grosscup of Chicago entered and Judge Wood raised a serious objection to the crowded condition, saying that only those finding seats should be allowed to remain,—lawyers, and possibly reporters.
After signing and swearing to the answers, the defendants filed in at 11:40 and Judge Wood asked if the Santa Fe road was represented. Attorney Miller stepped forward and was asked if both proceedings could not be heard at the same time. Judge Wood favored this to save time, and it was finally agreed that if the Santa Fe cases be heard later the government testimony on this bearing be admitted. Attorney Gregory thereupon submitted the answers to theinformation filed before Judge Seaman in the contempt proceedings, and suggested that the trial for which the defendants had given bail be immediate and have precedence over the contempt proceedings. Judge Woods said that the court could decide upon a motion for delay, much more intelligently could they have the government information and the answers filed by the defendants. Attorney Milchrist then read the court the information.
As Attorney Gregory had previously moved that the information be dismissed and the defendants discharged on their sworn answers, Attorney Erwin followed by reading the answers.
At the conclusion of the reading he said that the defendants had made and filed a motion to quash, holding that the information was not sufficient. They now asked that the defendants be discharged, and also that the district attorney and government counsel to elect whether they should proceed under the indictment or under the contempt cases. No man could be tried twice for the same offense. Judge Wood said that the counsel for the government could proceed with either case. Attorney Walker elected to go ahead with the contempt proceedings.
Attorney Gregory in the opening made aneloquent appeal for a trial by jury instead of a criminal proceeding in a contempt case, as he held the present proceeding to be. He cited a number of authorities in support of his position. He argued that it was the rule that there could be no appeal from the decision of a federal court in a contempt case, and that consequently, where the question of a crime was involved, a sentence from the court would practically be a conviction on the original criminal charge without a trial by jury which is guaranteed by the constitution.
Mr. Gregory then took up the question of the motion to dismiss the bill on the grounds that the information did not set out in specific forms any violation of the specifications in the injunction granted by the United States court.
He held that the men had a right to combine, choose leaders to advise, and quit work if they wished to do so and persuade others to quit work, that the injunctions did not prohibit them from doing so. Judge Wood asked if he considered that the defendants had a right to ask men to tumble goods out of cars that were ready for transportation. Mr. Gregory replied that he did not consider that they had any such right, and claimed that there was nowhere in theinformation a distinct allegation that the defendants had counseled violence or infractions of the orders in the injunction. While he was willing to admit that violence had been done during the present strike, nothing was charged in the information that the violence was due to the acts of the defendants.
Attorney Walker for the government followed. He held that the defendants had no right to go into other states and persuade men to quit work for the purpose of paralyzing railroads, and that the issuance of these orders was a willful and vicious violation of the order of the court.
Mr. Walker said the telegrams were the strongest evidence in the hands of the state to show that this had been done. He spoke for three quarters of an hour and directed his remarks more to the general charge against the defendants for violation of the injunction, than to the legal points raised by Mr. Gregory.
It will be remembered that the answers filed by the attorneys for the defense, was a complete denial of the charges.
After hearing all the arguments, Judges Wood and Grosscup decided that the contempt proceedings against Mr. Debs and the others, were in thenature of proceedings in equity, and therefore the defendants could not be discharged on their denial of the charges under oath.
Mr. Walker gave as an excuse for wanting the case heard at once, that the defendants were liable to continue calling out the men unless they were restrained from so doing by the court.
"Then," said Mr. Gregory, "you wish the court to practically call the strike off."
Mr. Walker smiled and said that such an order would suit him all right.
Judge Wood then added that it was within the bounds of the injunction called, for him to insist that the strike be declared off.
Attorney Greeting, reviewing the information, raised the insufficiency of the allegations, he also raised the question of the bearing of the statutes under which the defendants were enjoined.
The following are the sections of acts under which the United States courts issued injunctions restraining the American Railway Union, its officers or agents, from interfering in any way with the interstate traffic on railroads.
"Section 1.Every contract combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the severalstates or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $5,000 or by imprisonment not exceeding one year, or by both; said punishments at the discretion of the court.
"Section 2.Any person who shall monopolize or attempt to monopolize or combine or conspire with any other person or persons to monopolize, any part of the trade or commerce among the several states or foreign powers shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished etc.
"Section 3.Every contract combination in form of trust or otherwise or conspiracy in restraint of commerce or trade in any territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such territory and another, or between any such territory or territories and any state or states or the District of Columbia or with foreign nations, or between the District of Columbia and any other state or states or foreign nations, ishereby declared illegal Every person who shall make any such contract or engage in any such combination or conspiracy shall be declared guilty of a misdemeanor and punished as in the case of Sections 1 and 2.
"Section 8.The word person or persons wherever used shall be deemed to include corporations and associations existing under, or authorized by, the laws of either the United States, the laws of any of the territories, the laws of any state or the laws of any foreign country."
"This law was never intended to cover the case of these defendants," said Mr. Greeting. "It is clearly directed at the trusts and combinations which conspire to rob such people as the defendants. It seems to me that the district attorney would have been acting more within the spirit of the law if he had charged the railroads and the Pullman Palace Car Co., with conspiracy to monopolize interstate commerce, as it is a well known fact that the railroads have contracted with Pullman to haul none but his cars."
A sickly smile spread over the features of the railroad attorneys present. It was evident that the words of Mr. Greeting sunk deeper than some of them would care to acknowledge.
District Attorney Milchrist argued that the court had perfect jurisdiction in these cases, he held that the government derived revenue from postal service and interstate commerce. It had suffered in a pecuniary way hence the bill of information filed had a proper place in court.
In regard to the information and answers, Mr. Milchrist said: "Either the counsel for the government deserved to be disbarred for willful misconduct for filing it, or the defendants in their sworn answer embodying a sweeping denial of the charge in the information had been guilty of rank perjury."
Attorney Erwin then proceeded, prefacing his remarks with the statement that this was a court of equity. When these defendants denied under oath before the court, the allegations made in the bill, equity shut its doors. There was a remedy at law. The men could be punished for perjury in swearing falsely in their answers. No court of equity could hear such a case. Mr. Erwin held that the information was filed in equity and that the answer filed by the defendants was final and the remedy then was at law in a charge of perjury.
"Is it any indication of the power of acourt," interrupted Judge Wood, "to hold a man convicted on a charge of perjury?"
Attorney Erwin said that the perjury charge could purge the defendants in the case of contempt.
"You say in your answer," said Judge Wood, "that the defendants deny ordering strikes because it was not in their power to do so. Is it not enough to deny that you ordered the men out without going further and denying that you advised them in this matter."
"We say," answered Mr. Erwin "that every strike was voted on by a majority of the American Railway Union men upon each road upon which there had been a strike. The defendants deny the power to order or coerce the members of the American Railway Union."
When questioned as to the answers denying the telegrams Mr. Erwin said the denials were sweeping. They had covered every point and purged themselves of any desire to disregard the orders of the court and the proceedings should be dismissed. He said: "Had Special Counsel Walker who set before the grand jury made his charges more specific, and not sought to prejudice the minds of the court by holding hisaverments for the attachment proceedings, and making them in vague and declamatory charges."
Judge Wood said if the defendants had asked for more specific charges he thought the court would have granted it.
Attorney Erwin here remarked that they would prefer to make a motion to quash, which Judge Wood announced could not be done in this case unless the bill was wholly defective.
Mr. Erwin said that Attorney Walker had drawn the bill up hastily, and it was signed only by himself and the district attorney, who verified it merely by belief. He urged that the court should not add the information by continuing the consideration of the imperfectly drawn and inadequate bill. The court should not be a detective to ferret out the alleged truths of certain charges the evidence of which should have been collected by the government officers before a rule against the defendants was issued.
Mr. Bancroft for the Santa Fe followed Mr. Erwin. He vigorously defended the information filed, and proceeded to color the telegrams admitted by the defendants, to suit the purposes of the government.
After a legal tilt between the counsel on bothsides, Judge Wood overruled the motion of defendant's counsel to quash the information, and postponed the case until September 5.
In conclusion he said that from what he had heard, he thought it necessary for the court to have its hand on the matter. It was evident, he said, that the defense intended to attempt to put forward a quantity of irrelevant matter as to the allegations regarding a combination on the part of the railroads. He said that while it was irrelevant he would hear it as a matter of curiosity and for public disclosure.
The above synopsis of the proceedings of the trial, will give a fair idea of the course the government—on behalf of the railroads—pursued in conducting the prosecution of the officers of the American Railway Union.
After a conference with their counsel—although opposed to it on principle—the officers of the American Railway Union decided to give bail.
This decision was due to the fact that matters of an important nature demanded their immediate attention. They were placed under $7,000 bonds each, signed by Wm. Skakel and Wm.Fitzgerald, these gentlemen qualifying to the extent of $50,000 and $250,000 respectively.
For the time being the officers of the American Railway Union were free men.