The Pullman boycott : $b A complete history of the great R. R. strikeBurns, W. F.
History
The Pullman boycott : $b A complete history of the great R. R. strike
Burns, W. F.
Pullman Strike, 1894
"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 a court," 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."
Public-domain text, read in full here on John Shaqi.
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