courts were competent under general principles of law to intervene by
injunction; and on the further ground that under an act of Congress,
passed July 2, 1890, conspiracies in restraint of trade or commerce
among the several States were declared to be illegal, and the circuit
courts of the United States were therein expressly given jurisdiction
to prevent and restrain such conspiracies.
On the first day of July the district attorney reported to the
Attorney-General that he was preparing a bill of complaint to be
presented to the court the next day, on an application for an
injunction. He further reported that very little mail and no freight
was moving, that the marshal was using all his force to prevent
riots and the obstruction of tracks, and that this force was clearly
inadequate. On the same day the marshal reported that the situation was
desperate, that he had sworn in over four hundred deputies, that many
more would be required to protect mail trains, and that he expected
great trouble the next day. He further expressed the opinion that one
hundred riot guns were needed.
Upon the receipt of these reports, and anticipating an attempt to serve
injunctions on the following day, the Attorney-General immediately sent
a despatch to the district attorney directing him to report at once
if the process of the court should be resisted by such force as the
marshal could not overcome, and suggesting that the United States judge
should join in such report. He at the same time sent a despatch to the
special counsel requesting him to report his view of the situation as
early as the forenoon of the next day.
In explanation of these two despatches it should here be said that
the desperate character of this disturbance was not in the least
underestimated by executive officials at Washington; and it must be
borne in mind that while menacing conditions were moving swiftly and
accumulating at Chicago, like conditions, inspired and supported from
that central point, existed in many other places within the area of the
strike’s contagion.
Of course it was hoped by those charged with the responsibility of
dealing with the situation, that a direct assertion of authority by the
marshal and a resort to the restraining power of the courts would prove
sufficient for the emergency. Notwithstanding, however, an anxious
desire to avoid measures more radical, the fact had not been overlooked
that a contingency might occur which would compel a resort to military
force. The key to these despatches of the Attorney-General is found in
the determination of the Federal authorities to overcome by any lawful
and constitutional means all resistance to governmental functions as
related to the transportation of mails, the operation of interstate
commerce, and the preservation of the property of the United States.
Public-domain text, read in full here on John Shaqi.
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