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iffs, 250; to which should be added the police force of Chicago, 3,000, making a total force employed in the suppression of violence and the preservation of order of 14,186. The number of men who were shot or fatally wounded during the riots was 12; the number arrested by the police, 515; the number wounded, injured, or otherwise hurt, as nearly as can be ascertained, 875.a

It will be observed from the foregoing narrative of events that on the 10th of July the Government assumed the responsibility of arresting and holding in custody the leaders of the strike, and that from that date the disturbances ceased and the strike itself gradually declined. In his testimony before the United States strike commission, Mr. Eugene V. Debs, one of the prominent leaders of the strike, remarked (p. 143):

As soon as the employees found that we were arrested and taken from the scene of action they became demoralized, and that ended the strike. It was not the soldiers that ended the strike; it was not the old brotherhoods that ended the strike; it was simply the United States courts that ended the strike. Our men were in a position that never would have been shaken under any circumstances if we had been permitted to remain upon the field-remain among them. But once that we were taken from the scene of action and restrained from sending telegrams or issuing the orders necessary, or answering questions; when the minions of the corporations would be put to work at such a place, for instance, as Nickerson, Kans., where they would go and say that the men at Newton had gone back to work, and Nickerson would wire me to ask if that were true. No answer would come to the message, because I was under arrest, and we were all under arrest. The headquarters were demoralized and abandoned, and we could not answer any telegrams or questions that would come in. Our headquarters were temporarily demoralized and abandoned, and we could not answer any messages. The men went back to work, and the ranks were broken, and the strike was broken up by the Federal courts of the United States and not by the Army, and not by any other power, but simply and solely by the action of the United States courts in restraining us from discharging our duties as officers and representatives of the employees.

Debs and other officers of the American Railway Union were arrested, upon an indictment found by the grand jury, for contempt and violation of the injunction before issued by the circuit court of the United States for the northern district of Illinois. A hearing was had

The case of Court, United States, 1895.

by the court, and on the 14th of December the defendIn re Debs, Supreme ants were found guilty of contempt and sentenced to imprisonment in the county jail for terms varying from three to six months. Having been committed to jail in pursuance of that order, they, on January 14, 1895, applied to the Supreme Court of the United States for a writ of error, and also one of habeas corpus. The former was denied; the latter was argued March 25-26, 1895, and on the 27th of May the court handed down its decision deny

a Report on the Chicago strike of June-July, 1894, by the United States strike commission appointed by the President July 26, 1894, 736 pages. See also Annual Report Attorney-General, 1894.

ing the petition of a writ of habeas corpus." In the opinion of the Supreme Court the doctrine which had been laid down many years before in the Legal Tender cases (12 Wall., 457), Ex parte Siebold (100 U. S., 371, 395), and repeatedly reiterated, was again enunciated:

We hold it to be an incontrovertible principle that the Government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it. This necessarily involves the power to command obedience to its laws, and hence the power to keep the peace to that extent. This power to enforce its laws and to execute its functions in all places does not derogate from the power of the State to execute its laws at the same time and in the same places. The one does not exclude the other, except where both can not be executed at the same time. In that case the words of the Constitution itself show which is to yield: "This Constitution, and all laws which shall be made in pursuance thereof, * * * shall be the supreme law of the land."

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The entire strength of the nation may be used to enforce in any part of the land the full and free exercise of all national powers and the security of all rights intrusted by the Constitution to its care. The strong arm of the National Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arises the Army of the nation, and all its militia, áre at the service of the nation to compel obedience to its laws.

After a thorough review of the questions involved, the court thus concludes:

We have given to this case the most careful and anxious attention, for we realize that it touches closely questions of supreme importance to the people of this country. Summing up our conclusions, we hold that the Government of the United States is one having jurisdiction over every foot of soil within its territory and acting directly upon each citizen; that while it is a Government of enumerated powers, it has within the limits of those powers all the attributes of sovereignty; that to it is committed power over interstate commerce and the transmission of the mail; that the powers thus conferred upon the National Government are not dormant, but have been assumed and put into practical exercise by the legislation of Congress; that in the exercise of those powers it is competent for the Nation to remove all obstructions upon highways, natural or artificial, to the passage of interstate commerce or the carrying of the mail; that while it may be competent for the Government (through the executive branch and in the use of the entire executive power of the Nation) to forcibly remove all such obstructions, it is equally within its competency to appeal to the civil courts for an inquiry and determination as to the existence and character of any alleged obstructions, and if such are found to exist or threaten to occur, to invoke the powers of those courts to remove or restrain such obstructions; that the jurisdiction of courts to interfere in such matters by injunction is one recognized from ancient times and by indubitable authority; that such jurisdiction is not ousted by the fact that the obstructions are accompanied by or consist of acts in themselves violations of the criminal law; that the proceeding by injunction is of a civil character and may be enforced by proceedings in contempt; that such proceedings are not in execution of the criminal laws of the land; that the penalty for a violation of injunction is no substitute for and no defense to a prosecution for any criminal offenses committed in the

a In re Debs, Petitioner, 158 U. S. Reports (October term, 1894), 564.

course of such violation; that the complaint filed in this case clearly showed an existing obstruction of artificial highways for the passage of interstate commerce and transmission of the mail-an obstruction not only temporarily existing, but threatening to continue; that under such complaint the circuit court had power to issue its process of injunction; that it having been issued and served on these defendants, the circuit court had authority to inquire whether its orders had been disobeyed, and when it found that they had been, then to proceed under section 725, Revised Statutes, which grants power "to punish, by fine or imprisonment, * disobedience, * by any party or other person, to any lawful writ, process, order, rule, decree, or command," and enter the order of punishment complained of; and finally that the circuit court having full jurisdiction in the premises, its finding of the fact of disobedience is not open to review on habeas corpus in this or any other court. (Ex parte Watkins, 3 Pet., 193; Ex parte Yarbrough, 110 U. S., 651; Ex parte Terry, 128 U. S., 289, 305; In re Swan, 150 U. S., 637; United States v. Pridgeon, 153 U. S., 48.)

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XII. FROM THE RULING IN THE DEBS CASE TO THE END OF THE FIFTY-SEVENTH CONGRESS.

THE WAR WITH SPAIN, 1898-THE PHILIPPINE INSURRECTION, 1899-1901-THE CŒUR D'ALENE TROUBLES, 1899-THE REORGANIZATION OF THE ARMY, 1901-CONCLUSIONS.

It has doubtless been observed in the progress of this work that there has been an endeavor to show at the same time the various changes in the condition of the Army. The reasons for this are obvious. In the first place, it is to be remembered that the policy of our Government has invariably been to maintain an army in time of peace at the smallest possible strength consonant with the public benefit and interest, and yet to give it such organization as would enable it to expand in time of war; secondly, to regard the militia as a posse comitatus, to be "called out" and armed and equipped whenever the Regular Army is inadequate "to suppress insurrection, repel invasion, and to execute the laws of the Union." We have thus seen a paper-organized militia giving way to the "volunteer," and the latter to an organized militia under the name of the National Guard. The volunteer had demonstrated his effectiveness for work, and had carried the nation safely through a civil war of a magnitude such as has no parallel in history, and had merged in the body of the people, leaving scarcely any evidence that through four years 4,000,000 men, or more, had been withdrawn from peaceful avocations, and had devoted their lives, their fortunes, and their arduous labors to the pursuit of bitterlycontested war. To the volunteer succeeded the National Guard, which, patterning from the Regular Army, had slowly but steadily developed through the process of showy parades in harlequin uniforms, to solid bodies of picked men plainly and suitably clad, armed with rifles of latest pattern which they knew how to use, instructed in modern methods of skirmishing and effective fighting, and handled and fed by a trained staff. It is true that few of the men included in the National Guard of the States served more than the two or three years of enlistment; that many officers were appointed through political favor or were elected by the men on account of their congenial natures rather than because of their fitness, and that many resigned through caprice or discontent. Those very facts inured to the greater benefit of the military system, on the principle that 1,000,000 men taught in the

elementary principles of the soldier are ten times more valuable than 100,000 who know it all. This apparent paradox, which to the military mind is the purest reason, was plainly demonstrated in the spring of 1898, and thus through experience afforded an opportunity for an advancement of the military system of the United States to a status and effectibility commensurate with the importance of the nation.

The joint resolution, approved April 20, 1898, demanding that Spain. relinquish its authority and government in the island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters, authorized the President to use the land and naval forces of the United States to carry the resolve into effect. Congress followed this pregnant step by the passage of an act, approved April 22, 1898, providing for the temporary increase of the military establishment of the United States.

By this law the organized and active land forces were declared to consist of the Regular Army and of the militia of the several States when called into service, constituting two branches The war with Spain, designated, respectively, as the Regular Army and the Volunteer Army of the United States. Section 6

1898.

provided that--when the members of any company, troop, battery, battalion, or regiment of the organized militia of any State shall enlist in the Volunteer Army in a body, as such company, troop, battery, battalion, or regiment, the regimental company, troop, battery, and battalion officers in service with the militia organization thus enlisting may be appointed by the governors of the States and Territories, and shall when so appointed be officers of corresponding grades in the same organization when it shall have been received into the service of the United States as a part of the Volunteer Army.

The same section further provided that the President may authorizethe Secretary of War to organize companies, troops, battalions, or regiments, possessing special qualifications, from the nation at large, not to exceed three thousand men, under such rules and regulations, including the appointment of the officers thereof, as may be prescribed by the Secretary of War.

Section 7 authorized the recruitment to their maximum strength of all the accepted organizations in the volunteer force, and provided for the organization of regular and volunteer troops into divisions of three brigades, each brigade to be composed of three or more regiments, and authorized the President, whenever three or more divisions are present in the same army, to organize them into army corps, each corps to consist of not more than three divisions. By section 13 not more than one officer of the Regular Army could hold a commission in any one of the regiments of the Volunteer Army at the same time.

Finally, by the act approved May 11, 1898, Congress authorized, in addition to the volunteer forces provided by the act of April 22, the organization of a volunteer brigade of engineers from the nation at large, to consist of not more than three regiments, and not more than S. Doc. 209-16

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