a1
_ f . . ‘
gems mew \r. amass as“? _ guesses. armsn sweater.
: EXTRA News 3 it Mark Down Sale -_ 2
Z We are selling Z % i 1' Men’s Double Breasted ‘ %
'l/I} 6/: . '~‘.- 2
, BLAcK KEHSEY ovucous , 2,4 SUITS $550 h
>2 ‘ 0 H. t . ‘ - ~ ,
h . . n u m“ $10 2 2mm BROTHER .---r' e
% i‘aft Brothers, Norwalk. .2, % S’Wflwm“ g
awsvsssw\e\sswso®w ”.®.m®mmmas<
um 54%“ ; ”-ka I, -‘u: m _ . ‘ .
“Equal and Exact Justice to all Men of Whatever. State or Persuasion,
Vol. IV. Whole him: I 007
so: MONWOH DEBS.
The Labor Leader Convicted on All
of the Charges Made.
OPINION OF J UDGE WOODS.
Declares That the Defendants \Vere Guilty
of Conspiracy and Contempt of Court.
The Sentences, However, Are
Not Cumulative. ,
CHICAGO, Dec. 15.——A large crowd was
collected in the United States circuit court
room today to hear Judge Woods’ decision
in the case of Eugene V. Debs and his as-
sociates. »
Judge Woods, after announcing that the
defendants were found guilty as charged, .
said it Was not in accordance with proce-
dure in such cases to permit the defendants
to say why sentence should not be passed,
but in this case the court would allow it.
None of the prisoners took advantage of
this ofier. .
The finding of the court is that the de-
fendants are found guilty of contempt, but
that any punishment inflicted would not
be cumulative. In other words, there were
two cases before the court, one for con-
tempt and the other for violation of the
federal statute. The latter cause is merged
into the former. Debs, was sentenced to
six months in the county jail. The others
on trial were given three months each, ex—
cept McVane, who was released because
there was no evidence against him.
Judge “’oods’ Opinion.
Judge Woods said:
If the case presented were itself of less
moment, the very great importance of
some of the questions involved could not
be overlooked. Whilethe principles con-
sidered are not new, in the question of the
validity of the injunction which the de-
fendants are charged with violating there
are involved inquiries which in some re-
spects go beyond the lines of established or
unquestioned precedent. The objection
raised by demurrer that the injunction
was illegal and void was overruled at the
EUGENE V. DEBS.
time of presentation, but with leave for
further argument at the final bearing upon
the evidence. A great body of evidence,
consibting of the testimony of witnesses,
telegrams and other documents, has been
adduced by the accused. The defendants,
claiming the constitutional privilege
against self incrimination, refused to tes-
tify at the instance of the prosecution and
have offered no evidence or testimony in
their own behalf excepting parts of certain
documents which were allowed to be read
in connection with other parts offered by
the prosecution.
Besides denying that any violation of
the injunction has been proved against
them the defendants now insist that the
injunction is invalid on the grounds that
the court had no jurisdiction to hear and
determine the case in which the injunc-
tion was ordered, and that, though pos-
sessed'of such jurisdiction, the court lacked
organic power to make the particular or-
der in question. ‘
ACTIVE EXERCISE
and good food in plenty, tends
to make children healthy. If
children suffer, however, from
Scrofulous, Skin or Scalp, Dis-
eases—«if their blood is impure
and pimples or boils appear,
they should be given the right
medicine. Dr. Pierce’s Gold-
en Medical Discovery brings
abOut the best bodily condi-
tion. It purifies the blood and
renders the liver active as well
as building up health and
strength. Puny, pale, weak
children get a lasting benefit
and “a good start” from the
use of the “Discovery.” It
puts. on wholesome. flesh, and
does not nauseate and offend
the stomach like the various
preparations of Cod liver oil.
[It’s guaranteed to benefit or
cure you, or your money is,
returned.
Dr. Sage’s Catarrh Remedy cures
Catarrh in the Head.
If the injunction was for any reason to-
tally invalid, no violation or disregard of
it could constitute a punishable contempt,
but if the court acquired jurisdiction and
did not exceed its powers in the particular
case no irregularity or error in the proce-
dure or in the order itself could justify dis-
obedience of the writ. .
The Question of Jurisdiction.
Was the case one of which the court had
jurisdiction? No question is made or could
be made in a proceeding for contempt of
the sufficiency of the petition for the in-
junction in respect to matters of form and
averment merely. The question here,
therefOre. is whether the case presented by
the petition was of a class which in a fed-
eral circuit court admits of the remedy by
injunction.
Without going into the details of aver-
ment, the charge made against the de-
fendants was that they were engaged in
a conspiracy to hinder and interrupt inter-
state commerce and the carriage of the
mails 'upon the railroads centering in Chi-
cago by means and in a manner to consti-
tute within the recognized definitions a
public nuisance.
A nuisance is “anything that unlawful-
ly workcth hurt, inconvenience or dam-
age” (3 Blackstone’s Commentaries, 216).
“A public nuisance is such an incon-
venience or troublesome offense as annoys
the whole community in general and not
merely some particular person” (4 Black—
stone’s Commentaries, 166).
As defined in “Wood on Nuisances,”
page 38, “a public nuisance is a violation
of a public right, either by a direct en-
croachment upon public rights or property,
or by doing some act which tends to a
common injury, or by omitting to do some
not which the common good requires, and
which it is the duty of a person to do, and
the omiss1on to do which results injurious-
1y to the public.”
Purpresture Defined.
A form of public nuisance of which
cognizance has been taken by the courts of
equity in England and in this country is
called purprcsture, which is defined to be
“an encroachment upon lands or rights
and easement incident thereto belonging to
the public, and to which the public have a
right of access or enjoyment, and encroach-
ment upon navigable streams.”
“The remedy for a purpresturc simply
is by information in equity at the suit of
the attorney general or other proper offi-
cer.” “Wood on Nuisances,” pages 107,
117.; People versus Vanderbilt, 28 New
York, 396; New Orleans versus United
States, 10 pct (United States), 662; Attor-
ney General versus Forbes, 2 my and c
1‘23. '
In “Kerr on Injunctions,” page 395, it
is said: “There is a wide difference be-
tween a purpresture and a nuisance. Al-
though they may coexist, either may exist
without the other. If the act complained
of be a pig, rosture. it may be restrained
at the suit 0 the attorney general, whether
it be a nuisance or not. Being an en-
croachment on the soil of the sovereign,
like trespass on the soil of an individual,
”it will support an action irrespective of
any damage which may accrue. But to
, constitute a public nuisance damage to
the public right of navigation or other
public right must be shown to exist. If
the act complained of be a mere purpres-
ture, without being at the same time a
nuisance, the court will usually direct an
inquiry to be made whether it will be
more beneficial to the crown to abate the
purpresture or to suffer the erection to re-
main and be arrested. But if the purpres-
ture also be a public nuisance this cannot
be done, for the crown cannot sanction a
public nuisance.”
Accordingly it is contended and numer—
ous cases and text writers are cited to show
that “equity has jurisdiction to restrain
public nuisances upon bill or information
filed by the attorney general on behalf of‘
the people.”
The Supreme Court’s Opinion.
The supreme court of the United States
has spoken on the subject. In the case of
the mayor of Georgetown versus the Alex-
andria Canal company (12 Peters, 91,
98), where an injunction was sought
against obstructing the navigation of the
Potomac river, the court said: “Besides
this remedy at law it is now settled that
a court of equity may take jurisdiction in
cases 0 public nuisance by an information
filed by the attorney general. Whilst,
therefore, it is admitted by all that it is
confessedly one of delicacy and according-
ly the instances where it is exercised are
rare, yet it may be exercised in those cases
in which there is eminent danger of irre-
parable mischief before the tardiness of the
law can reach it. ”
But, while this jurisdiction of the Eng-
lish high court of Chancery and of the
equity courts of the several states of the
Union is not understood to be disputed by
counsel for the defendants, they do insist
that in the absence of legislation by con-
gress conferring the authority the federal
courts can do nothing for the protection of
highways of interstate commerce, Whether
upon land or water.
In reply to this position of the defense
reference is made to the act to regulate
commerce, as amended by the act of March
2, 1889 (25 United States Statutes, 855),
and it is contended that by force of
the provisions of that statute, passed in
exercise of the power conferred on congress
by the constitution, ”to regulate com—
merce * * * among the several states, ”
the national control has been extended
over the channels and agencies of inter-
state commerce, including railways as well
as navigable waters, and that out of this
legislation, whatever had been the rule be-
fore, has arisen by necessary implication
the jurisdiction of the federal courts, in ac-
cordance with the principles of equity, to
protect that commerce against interference
or obstruction.
The Government's Rights.
The right of the federal government to
obtain the injunction is also asserted upon
the ground of property right in the mails.
That the nation owns the mailbags is of
course beyond dispute, and that it pays
large sums annually for the carrying of the
mails upon ,the railroads is well under‘
stood. In Searight versus Stokes, 8 How.,
151, where the question was whether ve-
hicles carrying the mails were “laden
with the. property of the United States,”
and therefore exempt from toll on the
Cumberland road in Pennsylvania, the su-
prem‘e court said: ‘ ' The United States have
unquestionably a property in mails. The}
are not, merecommqn carriers, ,but a, 120v.-
‘the punishment for the other.
Norwalk 001111., Saturday Evening. December 15, [894.
Assoffi'fuv PURE
THE OLD RELIABLE
SWEETtAPOBAL
CIGARETTE '
Has stood the Test of Tlme
MOR SOLD THAN ALL OTHER '
HANDS COMBINED -'
crnmont performing-a 111in Official ‘duty
in holding and guarding its own property
as well as that of its citizens committed
to its care, for a very large portion of the
letters and packages conveyed on this road,
especially during the session of congress,
consists of communications to or from the
officers of the executive department or
members of the legislature on public serv—
ice, or in relation to matters of public con-
cern. ”
It is said, on the contrary, to be easy
“to show that a common law jurisdiction
of the Chancery on information of the at-
torney general to restrain a purprcsiuma or
nuisance rests on the idea that the ling;
owns the land wherein it exists,” and “ i~-
doubtless true that in the cases where the
jurisdiction was invoked the king was the
owner of the land, because the land under
navigable waters in England has always
belonged to the crown, but the object of
the suits has always been not to vindicate
the title to the land, which could have
been done by an action of cjectment, but
to prevent or remove obstruct-ions to navi—
gation, which required the prompt and
efficient methods of equity. and it is not to
be believed that if in England, as along
the fresh water rivers of this country, the
title of lands under the water had belonged
to the riparian owners, the same jurisdic—
tion would not have been exercised for the
protection of the public right of naviga-
tion.
the unobstructed use of the water, and it
is sticking in the mud to say that the right
to protect that use is dependent upon the
ownership of the underlying soil. If,
however, the jurisdiction in such cases
must be held to rest upon some legal title
or property right, which by fiction shall be
deemed to be worthy of equitable protec—
tion, or to afford abasis of jurisdiction for
protecting incidental rights, it would seem
that the property that the government has
been declared to have in the mails and
its unquestioned ownership of the mail-
bags might well be (leemcd sufficient for
the purpose. As J usticc Brewer said in
United States versus Western Union Tele—
graph company, 50 Fed. Rep, 98, 42: “The
dollar is not always the test of real inter—
est. It may properly be sacrificed if any~
thing of higher value he thereby attained. ”
\Vaterways and Railways.
“ But. ” say counsel, “this whole subject
is utterly foreign to the question in this
case. Waterways are not railways. These
are free to all comers and are not the sub-
ject of private ownership nor control, but
only of municipal regulation by public
authority (Lake Front; case, 146 United
States, 387). The control of the railway is
primarily with the company that owns and
operates it. These great interests are on-
tirely able to cope with any interference
with their property. If they be held in a
high sense as trustees for the public, why
should equity entertain a suit by the bene-
ficiaries of this trust until the trustees
have proved recrcant? These companies
own the land over which their lines run or
a right of way in perpetuity, and though,-
charged with public duties are still pri-
vate pecuniary corporations operated for
gain. As to all local matters—viz, the
speed of trains, stopping at crossings, ele-
vation of tracks and things of that char—
acter—they are subject to local or state
regulation. This could not he were the
power of congress exclusive as in the mat—
ter of interstate rat-es” (Wabash Railway
versus Illinois, 118 United States, 557). ’
It is of course true that waterways are
not railways; that the latter and the title
to the land under them are owned and con-
trolled under local limitations by com-
panies who operate thcin’for gains, but so
are the boats which ply the rivers and
lakes of the country, and I see no reason in
any of the suggestions advanced for saying
courts may give to commerce on the rivers
a protection which they may not extend to
commerce on the railways. The railroad
companiesare clothed with power of emi-
nent domain, to enable them to acquire
lands necessary for their purposes, because
the proposed use is for the public benefit.
To the extent of the share which the com—
panies have in interstate commerce they
hold their lands and rights of way for the
benefit of the general public and subject
to the national control. “For this pur-
pose,” to use the expression of the supreme
court in Gilman versus Philadelphia (3
Wall, 713), in respect to navigable waters,
“they are the public property of the nation
and subject to all‘ the requisite legisltion
of congress.” The jurisdiction of the
courts of equity and by implication their
right to punish for contempt are establish-
ed by the constitution equally with the
right of trial by jury, and so long as there
is no attempt to extend jurisdiction over
subjects not properly cognizahle in equity
there can be no ground for the objection
that the right of jury trial has been taken
away. The same act may constitutea con-
tempt and a crime. But the contempt is
one thing, the crime another, and the
punishment for one is not a duplication of
The con-
tempt can be tried and punished only by
the court, while the charge of crime can be
tried only by a jnrv.
’I‘lm pulilin interest is concerned in,
About Combinations. .
Judge Woods, referring to the position
of the defendants in respect to the act of
July 2, 1890—that it “is directed at capi-
tal, ”_ at ‘fdangers supposed to result from
vast aggregations of ca - ital, and not of
force and violence, ,whol against trusts,
and not at organizations of labor in any
form’ ’—said:
It is plain that aclear and more compre-
hensive purpose came to be entertained and
was embodied in the final form of the en-
actment. Combinations are condemned
not only when they take the form of trusts,
but in whatever form found if they be in
restraint of trade. That is the effect of
the words “or otherwise.” Ihave no doubt
that this statement, in so far as it is direct-
ed against contracts or combinations in
the form of trust or in any form of “a
contractual character,” should be limited
to contracts and combinations such in
their general characteristics as the courts
have declared unlawful. But to put any
such limitation upon the Word conspiracy
is neither necessary nor, as I think, per-
missible. Todo so would deprive the word
of all significance. Any proposed restraint
of trade, though it be in itself innocent, if
it is to be accomplished by conspiracy, is
unlawful. ,
That this case is one of equitable char-
acter is clear, and, as I understand, has not,
been questioned by counsel. their conten-
tion being that neither by this statute nor
upon general principles is the case within
the jurisdiction of a federal court.
Excepting the case of United States
versus Patterson, I know of no ruling in-
consistent with the jurisdiction here exer-
cised. In the case of Phelan, who was
charged with contempt of the United States
circuit courtat Cincinnati growing out of
the strike of last summer and involving
facts essentially identical with the facts of
this case, Judge Taft declared the Combine-
tion to be ”in the teeth of the act of July
2, 1890,” and, after quoting from the act
and referring to the rulings of other judges
in accord with his own view. said: “A dif-
ferent view has been taken by Jud 6 Put-
nam in the case , of the United S es ver-
sus Patterson (55 Fed. Rep, 605), but after
consideration Judge Lurton and I cannot
concur with the reasoning of that learned
judge. The fact that it was the purpose
of Debs, Phelan and their associates to
paralyze the interstate commerce of this
country is shown conclusiVely in this case
and is known of all men. Therefore their
combination was for an unlawful purpose
and is_ a conspiracy within the statute
cited. ” _
In conclusion Judge Woods said: .
The right of men to strike peaceably and
the right to advise a peaceable strike,
which the law does not presume to be im-
possible, are not questioned. But if men
enter into a conspiracy to do any unlawful
thing and in order to accomplish their pur-
pose advise xa-orlm-scui to go on strike,
knowing that violence and wrong will be
the probable outcome, neither in law nor
in morals can they escape responsibility.
Family Butchered,
RIDGEWAY, M0,, Dec. iii—The most
horrible human butch-try ever recorded in
this section was committed five miles
soutliwcst of this city. David G Spragg,
in a fit of insanity, mu rdcred his wife and
two children and mortally wOundcd his
two stepchildren with a butcher knife,
then took his own life with a rifle.
A Cast of Thompson’s Features.
LONDON, Doc. 15.——At the request of Sir
Charles Tupper, the Canadian high oom-
missioner, Mr. William Reynolds—Stephens
and Mr. Joseph Whitehead today each took
a plaster cast of the face of the late Sir
John Thompson for the purpose of 'making
a bust of the deceased premier of Canada.
Mount Ranier Breaks Out Again.
SEATTLE. Wash, Dec. l5.—The volcano
on Mount l-‘aanier has broken out again,
and smoke is pouring from the crater,
which is also omitting jets of steam. The
Post—Intcll igencer expedition to explore the
mountain will start tomorrow afternoon
and will endeavor to reach the summit.
Hungarians Celebrating Religious Liberty.
BUDAPEST, Dec. 15,—Ton thousand per-
sons marchcd in procession through the
streets in order to celebrate the passage of
the religious bills. Of this number 5,000
carried torches. Eventually the crowd as-
sembled in front of the Liberal club and
repeatedly cheered the members.
Made the Czar Promise Reforms.
LONDON, Dec. 15.—The Jewish Chroni-
cle asserts that the Rothschilds secured, as
a. condition precedent to their placing the
recent Russian loan, a promise from Rus-
sia that the Jews in that country would
be accorded better treatment than they
have heretofore. received. ‘
A Father Killed by a Train.
MARSHALL, Tex, L‘cc. 15.—Henry Har-
buck, about 80 years old, from Collinsville,
1a., was run over and killed by a train on
the Texas and Pacific. He was on his way
to Mineola to visit his daughter, Mrs. J.
B. Walker.
Bowell to Form a lilinistry.
LONDON, Doc. 15.——Thc Times today
definitely announces that the Hon. Mac-
kenzie Bowel], Canadian minister of trade
and commerce, has consented to form a
ministry for ”I" T‘muiv‘irm of Canada.
Ayer’s I
CHERRY
Pastoral ~ , _ ._ ;
For Colds and Coughs
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MEDAL and DIPLOMA
AT THE.
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m
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Religious or Political.”-~Jefi"erson
Some people sneeze easily, but often; others sneeze
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the head to pieces. Both classes
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Salva-cea
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so soothing and healing that
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Just rub a little on the nose and
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that sharp congestion is relieved immediately. Even ob-
stinate cases of catarrh are greatly helped by it. I
Price, 25 and 50 cents per box.
At dmggists, or by mail.
The Bnmnnrn Co., 274 Canal St., New York. .
”O
def! Beds
‘ On which to woo the Drowsy God are true de—
lights.
Nothing is more conducive to Healthy
slumber than nice soft beds, and our Mattresses
and Bed Springs are just what you want. A
man’s house is his castle, ’tis said, but without
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And nowhere in town can you find a better se-
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Norwalk and South Norwalk.
res sneer
teMPANY
BRIDGEPORT, CONN.
We have made unusual preparations to supply the people of
Bridgeport and surrounding towns with an
unrivaled stock of
CHRISTMAS GIFTS.
Enlarged space, increased force of help and a Gigantic Display
of Christmas GoOds.
Santa Claus Headquarters.
TOys, Games, Dolls,
Fancy Baskets, Aluminum Novelties,
Celluloid Goods, Books, Pictures,
Handkerchiefs, Mufflers, Gloves,
Umbrellas, Aprons, Jewelry,
Japanese and Bamboo Novelties,
Mackintoshes in great variety.
r'ur Neck Scarfs.
Children’s Fur sets.)
In facteverything that pertains to making a
rMERRY CHRISTMAS
Free Delivery Daily '
All goods purchased by customers residing in Norwalk or‘ So,
Norwalk will be delivered at their door free of charge
The 'D. M. Read 00., Bridgeport, Ct.
’1
T)
A.— .c.
~- Price One Gent.
DAILY mien LINE...
BETWEEN
NEW YORK, NORWALK AND so!
NORWALK.
PROPELLEBS
our. OPNORWALK,
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Leaving Pier 23, East River. N. Y. 5.00 p. m.
lorwalk 5.00 p. m.; South N orwalk 6.00 p. m.
Steamers go after and deliver goods any.
where in New York or vicinity upon applica
tion to agnets.
4
MR. E. H. WILSON’S
gethtnl for lfiugs
Norwalk, Conn.
Opened Wednesday, 5 cpl. I 9th.
DISTINCYII/E
FEA 7 URES :
Well considered methods of
mslruclz’on.
Due regard for the individu-
alz'lV of pupils.
Demands on each boy sailed
to his capacity. .. ,
Careful observance of each
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Means carefully adapted to
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Boarding Pupils, $50.00.
Day Pupils, $120.
Alienlion
Ladies!”
Just received; late.t styles in
Fall and W inter Millinery,
consisting of Hats,Hat Frames
Feathers, Ribbons, Velvets
and Buckles ; also a. very fine
line of Walking Hats, Tur-
bans, Sailors, etc, at
Fawcett’s,
Headquarters for Millinery
No. 3 Water street, Norwalk.
Call and examine.
IT’S QUITE
A TRICK
To write a convincing advertise-
ment about clothing nowadays.
All tailors claim so much, and
most of them too much. All I
do is to try and get you to look
at my new winter stock. My
constant aim is to put into the
clothes all the attractiveness of
artistic fashion and careful mak-
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Ask these who wear the latest
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trade and all will tell you with
KOCOUR,
17 NORTH MAIN STREET,
So. NORWALK.
PATENTS 2‘
FOSTER,FREEMAN & CHAMBERLAIN
Councelors in Patent Canes.
Mechanical and Electrical ex-
perts. Rooms 12, 13, 14, Bishr
op Block, Bridgeport, Conn.
30 years experience in Pat-
ents.
SOME MEMBER OF OUR FIRM 18 11V
NORWALKEVERI WEEK.
Write for particulars to Bridgeport.
J. D. Jennings.
UN DERTAKER "
{Knight street. opposite
Street Railway Depot.
NIGHT BELL AT OFFJ OE
'
%
Norwalk Chronicler