Owing to the enforced relationship of Chicago to the strike which
started within its borders, and because of its importance as a center
of railway traffic, Government officials at Washington were not
surprised by the early and persistent complaints of mail and interstate
commerce obstructions which reached them from that city. It was from
the first anticipated that this would be the seat of the most serious
complications, and the place where the strong arm of the law would
be most needed. In these circumstances it would have been a criminal
neglect of duty if those charged with the protection of governmental
agencies and the enforcement of orderly obedience and submission to
Federal authority, had been remiss in preparations for any emergency in
that quarter.
On the thirtieth day of June the district attorney at Chicago reported
by telegraph that mail trains in the suburbs of Chicago were, on the
previous night, stopped by strikers, that an engine had been cut off
and disabled, and that conditions were growing more and more likely
to culminate in the stoppage of all trains; and he recommended that
the marshal be authorized to employ a force of special deputies who
should be placed on trains to protect mails and detect the parties
guilty of such interference. In reply to this despatch Attorney-General
Olney on the same day authorized the marshal to employ additional
deputies as suggested, and designated Edwin Walker, an able and
prominent attorney in Chicago, as special counsel for the Government,
to assist the district attorney in any legal proceedings that might
be instituted. He also notified the district attorney of the steps
thus taken, and enjoined upon him that “action ought to be prompt and
vigorous,” and also directed him to confer with the special counsel
who had been employed. In a letter of the same date addressed to this
special counsel, the Attorney-General, in making suggestions concerning
legal proceedings, wrote: “It has seemed to me that if the rights of
the United States were vigorously asserted in Chicago, the origin and
center of the demonstration, the result would be to make it a failure
everywhere else, and to prevent its spread over the entire country”;
and in that connection he indicated that it might be advisable,
instead of relying entirely upon warrants issued under criminal
statutes against persons actually guilty of the offense of obstructing
United States mails, to apply to the courts for injunctions which
would restrain and prevent any attempt to commit such offense. This
suggestion contemplated the inauguration of legal proceedings in a
regular and usual way to restrain those prominently concerned in the
interference with the mails and the obstruction of interstate commerce,
basing such proceedings on the proposition that, under the Constitution
and laws, these subjects were in the exclusive care of the Government
of the United States, and that for their protection the Federal
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