Tuesday, February 6, 2018

DEBS CONTEMPT CASE AND "CORPORATION MOONLIGHT"



Eugene V. Debs.

Cortland Evening Standard, Tuesday, March 26, 1895.

DEBS CONTEMPT CASE.
Arguments in United States Supreme Court.
ASKS A WRIT OF HABEAS CORPUS.
Four of the Counsel Conclude Their Arguments, Only Two Remaining to
Be Heard—A Case of Great Importance to Labor Organizations.
   WASHINGTON, March 26.—The United States supreme court began the hearing of argument in the case of Eugene V. Debs, president of the American Railway union, and others, who participated with him in the Chicago strike of the summer of 1894.
   The counsel numbered three on the side of the defendants, headed by Hon. Lyman Trumbull and including Messrs. S. S. Gregory and C. S. Darrow. Attorney General Olney, Assistant Attorney General Whitney and Edwin Walker, special assistant attorney general, appeared for the government.
   The early proceedings in the case developed that while the argument would be extended, the question at issue was not complex.
   Debs and his associates ask for a writ of habeas corpus relieving them from the sentence of imprisonment passed upon them by Judge Woods of the United States circuit court for the Northern district of Illinois in December last on the charge of contempt in failing to obey the injunction of the court, requiring them to desist from interference with the interstate transportation of the mails or passengers or freight, also from preventing employes [sic] of the railroads concerned in transacting their business.
   The fact was soon developed that the main contention of the petitioners would be that the original bill stated no case cognizable in chancery and that, therefore, the injunction was void and that the persons at whom it was aimed were not bound to observe it.
   In support of this proposition they asserted that without statutory authority from congress the government could maintain no such bill and that no authority could be found, unless it be in the act of 1890, known as the Sherman antitrust act. But they contended that this act was not applicable, or that if it was applicable that section 4 of it, authorizing such proceedings, was unconstitutional, because in providing for proceedings in chancery in such a case it deprived defendants on trial under a penal statute of the right of trial by jury, contrary to the sixth amendment of the constitution.
   Mr. Trumbull addressed the court in support of a motion made by himself that three counsel be heard in behalf of the petitioners and that they be allowed three hours for the presentation of that side of the case.
   The motion was granted and three hours allowed on each side.
   Mr. Trumbull then proceeded with his argument on the merits of the case, outlining the points as above set forth. It had been a long while since Mr. Trumbull appeared in court, but he was recognized immediately and there were many favorable comments upon his hale and venerable appearance. He spoke without notes and confined himself closely to the facts and arguments set forth in the brief of the petitioners.
   Assistant Attorney General Whitney followed on behalf of the government. He thought that when the question should be properly ascertained there would be very little difficulty in arriving at a decision. He did not suppose the court would find it necessary to go into the general question of strikes and boycotts, which was an untrodden field for the supreme court. The real question was as to the jurisdiction of a court of equity, and he contended that it had it in such a case as the present.
   Mr. Gregory opened his argument with a reference to the question as to whether the "information" in the case was properly before the court, and he urged that the case was not one for too close scrutiny, as the matter was one involving the liberty of the citizens.
   He contended that Debs and his associates had not been enjoined from "ordering a strike," which was what they had been guilty of, if guilty at all.
    Edwin Walker, special attorney for the government, made the closing argument of the day.
   Mr. Walker based his argument largely upon the provisions of the interstate commerce act and upon the right of the government to protect the mails.
   Mr. Walker concluded with the adjournment of the court, leaving only two arguments still to be made, that of Attorney General Olney for the government and of Mr. Darrow for the petitioners.

PAGE TWO—EDITORIALS.
Honest Men Make Honest Parties.
   The New York Tribune of recent date contained the following excellent editorial:
   Senator Pound has introduced into the legislature another bill relating to corrupt practices. It follows up several already before the two houses intended in various ways to reach and purify the management of party primaries and the conduct of political campaigns. Some of these bills contain admirable provisions and should become laws. Campaign committees must be held to the same accountability for expenditures as candidates, if the whole scheme of preventing corruption by publicity is not to become a farce, and Assemblyman Chapman's measure introduced early in the session is well calculated to secure such an accounting. Senator Pound's bill goes back of the election and attempts to enforce honest contests in party organizations. This is just; for the person who gives or takes a bribe for voting or refraining from voting at a caucus is as much a public enemy as he who debauches the purity of an election. The bill is drastic in its provisions, punishing by imprisonment, not simply by fine, direct or indirect attempts to secure attendance at a caucus by the offer of any valuable consideration. If rigidly enforced, it would considerably improve the tone of politics.
   Some reformers would go a step further and place the control of party primaries in the hands of election officers before whom at a preliminary election the individual members of the different parties would appear and vote for candidates to be placed on their tickets. The candidates thus nominated would then appeal to the suffrages of the whole community, A bill to this effect has been brought before the legislature by Assemblyman Armstrong of Monroe, and active work is being done in its favor by the Municipal club of Rochester. That such a measure should receive any serious support serves to draw attention to the great distance we have departed from the original conception of our constitutions.
   We have no longer a government in which the individual citizen has any direct voice, as was originally contemplated, but we have evolved a government by organizations, and more and more of recent years these organizations have been recognized by the state as instruments of government. Not only are their caucuses regulated, their nominations taken account of, and commissionerships divided among them by law, but it is even proposed to give them appointing powers and compel executives to confirm their nominations for certain offices. Party has become the imperium in imperio. England, with its ministerial system and frank government by parties, has not gone so far. And now the people in these lesser empires would seem so unable to manage them honestly that it is necessary to call in the greater empire to assume control of their affairs and become the receiver in cases of moral bankruptcy.
   But do not blame the parties. They are not accountable for evils nor responsible for having become political Frankinsteins. Their creators have left them stone to do the work which the constitution meant each man should do for himself. The citizens have created machines and trusted these great engines to manage the state. Now they find themselves often crushed under the wheels and behold the state compelled to reckon with and try to control these impersonal creatures which men have made for the vicarious performance of their political duties, as the Chinese set up water wheels to say their prayers. It is not the parties which are at fault, but the people. These corrupt practices bills are not indictments of the creatures. They have no consciences and no responsibility. If the caucuses are corrupt, it is because a majority of the citizens of the state are corrupt, or because an honest majority, which allowed the machines to grow into monsters capable of doing good or evil, is criminally negligent and permits the dishonest minority to control the engine's actions.
   Corrupt practices acts serve a purpose. Laws by which conventions may be regulated and their acts reviewed are useful. But they touch only the symptoms of our political disease. The seat of trouble is with the individual citizen. It is not that the majority will take bribes or stuff ballot boxes, but that the majority will sit quietly by and see the minority do it without protest. When a party caucus can be held in a country town in this state, where everybody knows everybody, to select a candidate for a high judicial office, to which members of the opposite party are brought and at which more votes are cast than the party strength of the town at election, and when it is perfectly well known that the delegates chosen owed their success to hundreds of dollars poured into that little community from outside, it is easy to understand the necessity for caucus regulation.
   Not one such case but many might be cited where the facts were evident, where men who would not themselves accept $5 to stay at home and dig their potatoes on caucus or Election day, and would not even cheat their neighbor in a horse trade, went on treating with respect and having friendly dealings with men who everybody knew were politically dishonest. The corruption of politics is due solely to the prevailing sentiment of separate communities. "It's an honorable kind of thievery," said Speed to Valentine in the forest of Mantua. It must be that feeling which makes the decent citizen who shrinks from the pickpocket think he can touch the bribed voter, yet not have dirty hands.

Cash Purchase.
   One of the most hopeful outgrowths of the hard times is an organization called the "Cash Purchase association," which has been formed in Kansas. Its members are divided into circles of from 5 to 20 families, who pledge themselves individually and collectively not to go in debt a dollar, but to pay cash for every article bought. Since dealers must put up the prices of their wares high enough to cover their losses on bad debts, they thus make honest people pay for their own goods and those of dishonest people too, which is unjust, not to say sinful. In the case of the Cash Purchase association the members have this added amount taken off their purchases, getting a discount on the goods they buy. They buy somewhat on the co-operative plan. It is claimed that from $60 to $80 a year is saved thus to each family belonging to the association.
   An initiation fee of $1 is charged to the applicant for membership. This goes into a fund for the help of any member's family that is in need. In such a  case money for the support of the needy family is allowed for a month and in extreme emergency two months. The money is a loan, to be repaid without interest when the family becomes self sustaining again.
   There ought to be circles of the Cash Purchase association all over this country. It was running into debt that brought on the hard times.

In this photo of Main Street a hanging arc lamp is clearly visible over the center of the street.
LIGHTS ALL NIGHT.
Only a Small Sum Extra Will be Required to Obtain This.
   A reporter of The STANDARD was yesterday speaking with Attorney H. L. Bronson of the Cortland and Homer Traction company in regard to the completion of the railroad. The subject of electric lights was referred to and the reporter called attention to the poor service which the village is getting in its lights and the numerous complaints that are constantly heard, particularly during what is known as "corporation moonlight." Every month it happens that on the night when the moon does not rise until 7 or 8 or 9 o'clock  the lights are not turned on and until the moon does come up a regular Egyptian darkness is spread over the whole village. This is especially bad if it chances to be cloudy or stormy, as is often the case. One night in particular during the last "moonlight" when the walks were flooded with melting snow and every one was getting into the slop over his ankles, complaints were heard on every side, and a number of people called at the STANDARD office with blood in their eyes and inquired why the paper did not pitch into the service and give the management fits. A telephone call at the office of the Traction company resulted in the explanation that it was "corporation moonlight," and that the company was not paid to furnish lights that night nor was it expected to do so. And then too it happens very often that on nights when the lights as a whole are supposed to be on, some one light or some few lights in some section of the village are out of order and there is darkness there.
   All of these complaints which are so familiar and which have so often come to the reporter's ear from every side, the reporter rehearsed to Mr. Bronson. That gentleman said he appreciated them all and knew that they were true to a certain extent. He acknowledged that the service was not perfect, but he claimed that the Traction company should not be blamed for "corporation moonlight," as the company was living up to its contract and was furnishing lights as many nights in the month as it was paid to do so. He said that the contract called for lights on all but about ten nights in a month, and on those nights no lights were expected. He added that the directors the Traction company had already been making arrangements for new machinery and were about to place orders for new dynamoes which would give to Cortland as perfect a light service as exists in any city in the state during the hours called for by the contract. This new machinery will be put in just as soon as possible.
   The reporter inquired if the new machinery would not be of sufficient power to furnish lights for an all night service if that should be desired, as it would undoubtedly be only a short time before that would be called for. Mr. Bronson thought that the purchase of machinery would not be made upon that basis, as the company desired to fulfill its contract to the letter, but did not wish to tie up its capital in larger and more expensive machinery than was necessary to perform its obligations. He said this matter had been discussed by the directors, and while the desire for an all night service is frequently expressed by the people at large, no such expression had been heard from the trustees and that the directors did not favor the purchase of more and larger machinery unless there was some call for it.
   The reporter inquired what the extra cost of an all night service would be. Mr. Bronson said he was not prepared to be quoted as to the exact figures, but that the village now pays at the rate of thirty cents a night per light. For a very small percentage of this cost in addition the lights could be run 365 nights in a year from dark till daylight and an almost perfect service could be given with the new machinery, provided suitable machinery for this purpose were bought.
   It appears then that the proper time to decide this question is before the Traction company purchases its new machinery.  If the extra cost would be as small as the reporter was led to believe, it would seem expedient from every point of view to have the all night service. Light is always known to be better than policemen. A well lighted village would be much better protected than one which for five or six hours is in darkness. All the of "corporation moonlight" with narrow escapes from wet feet would be avoided, and if any one for  a good legitimate purpose happened to be caught out after 12 o'clock he need not walk into fences and trees in getting home.
   Would it not be advisable for the village trustees to investigate the matter and see what the exact expense will be and whether it will not be a worthy expenditure of money to provide for this service?

A FALSE ALARM.
A Ground Connection Caused the Ringing of the Bell.
   An alarm of fire occurred shortly after 7 o'clock last evening bringing out the Hitchcock and Emerald companies. The other companies were ready to start from the engine house, but no box was rung and consequently they did not know in which direction to go. It proved to be a false alarm and Superintendent Bickford immediately started over the line to find the cause. It was evident that either a wire was crossed or broken and it was 1 o'clock this morning before he found the cause.
   A fire alarm wire had crossed on Railroad-st., near Greenbush, one of the wires of the incandescent electric light circuit. This crossed the circuit of the arc electric light circuit and a ground connection was formed at nearly every pole.
   As a result Superintendent Bickford has already found two boxes, which were burned out, boxes 314 on the corner of Elm and Pomeroy-sts., and 312 on the corner of Clinton-ave. and Washington-st.
   An occurrence very funny for the onlookers occurred on the corner of Elm and Pomeroy-sts. The wet ground for a radius around the poles of about six feet was very strongly charged. A man was driving past one of the poles when his dog, which was running beside the horse, got upon a piece of this charged ground and was unable to get off. His actions made the man think that the dog had been kicked by the horse, and immediately he began to punish the horse with the whip. In rearing, the horse also got upon the electrically charged ground, when the cause of the dog's actions was discovered. After doing a double song and dance without music both animals were extricated from their plight.

A Fine Wheel.
   The Hitchcock Manufacturing Co.'s wheel department is crowded to its utmost capacity. They are behind on orders and Mr. W. O. Nivison reports that the business outlook is very bright.
   The company are turning out a number of Emperor specials in this section and which are thought to be very fine. One which was completed this morning is very tastily finished. The frame is of a beautiful shade of brown and with the light glossy rims and nickel trimmings makes a very handsome wheel. It was made for Mr. M. J. Peck of Elm-st.

Died Last Evening.
   George Washington Weyant died at 5:30 o'clock last evening at his home, 103 Maple-ave., of organic heart trouble, aged 64 years. The deceased is survived by a wife, three daughters, Mrs. B. C. Winchell, Misses Jennie S. and Nellie Weyant, four sons, Messrs. Frank, Fred, William and Benjamin F. Weyant, six sisters and two brothers. The deceased moved here from Genoa eight years ago and has since been a highly respected resident of this village. The funeral will be held at 10 A. M, Thursday.

Seven Day Adventists.
   Elder S. H. Lane, president of the New York conference of Seven Day Adventists, will preach at the house of H. W. Seaman, on Willow-ave. at their place of meetings, on Thursday evening, March 28, at 7:30 P. M. It will probably be Elder Lane's last meeting here in years, if ever again, as he goes to another conference soon. All are invited and will be welcome.
  
[Ordinance enacted March 25, 1895. Misprint on advertisement.]
BREVITIES.
   —The STANDARD will hereafter be on sale at the news stand of Nash & Head in the Grand Central [block].
   —Mr. Frank Beaman of Binghamton has begun the work of setting up the new organ in Grace Episcopal church.
   —The Alpha C. L, S. C. will meet with Mrs. F. J. Doubleday, 44 Port Watson-st., Monday evening, April 1.
   —The robins have come and we have all kinds of spring weather in the same day. Ithaca had a thunder shower yesterday with very sharp lightning.
   —The Sons of Veterans' entertainment occurs to-night in Grand Army hall. The drama "One Hundred Years Ago" will be presented and the curtain will rise at 8:30 o'clock.
   —At a meeting of the Cortland City band last evening it was decided to give a grand concert and ball in Taylor hall April 16. An unusually fine orchestra under the leadership of J. W. Daniels will furnish the music.
   —The young people's society of the Baptist church will serve new maple sugar and other refreshments in the church parlors this evening beginning at 7 o'clock. Refreshments twenty cents. All are cordially invited.
   —Miss Evelyn Aiken of Moravia died at the home of her uncle in that place yesterday after a protracted illness from consumption of the bowels. Miss Aiken was a student at the Normal two years ago, but was compelled to leave school on account of ill health,
   —At the special meeting of the board of trustees last evening besides passing the resolution published in another column, the board decided not to license street sales and a resolution was passed to that effect. This does not effect [sic] local auctions.
   —An annual maple sugar festival will be held at the First M. E. church under the auspices of the Epworth league on Friday evening, March 29. In connection with this a regular supper will be served from 6 till 9 o'clock. All are cordially invited.
 

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