XXXII.

66

THE STRIKE' OF THE AMERICAN

RAILWAY

UNION, AND THE ACTION OF THE U. S.

GOVERNMENT THEREON.

A "strike" among a few hundred employees | attempted with 350 deputies at Blue Island to of the Pullman Palace Car Company, at Pullman, Illinois, led to a boycott by the organization known as the American Railway UnionEugene V. Debs, President-of the Pullman Palace Car Company.

June 27-As a result of this boycott, over 5,000 of the employees of the different railways running out of Chicago “struck," and fifteen railroads were tied up.

June 28-The Union estimated that 40,000 workmen were now in the strike, with twenty railroads tied up. The strike extended from Cincinnati to San Francisco-the strikers objecting to the making up or moving of any trains with Pullman Palace Cars attached.

June 29-The Southern Pacific Company at San Francisco notified United States Attorney Garther that owing to the Pullman boycott, it was unable to send out the United States mail. Garther telegraphed to Attorney-General Olney, and in reply the answer came: "Enforce the law prohibiting the obstruction of and delay of United States mails. Cause the arrest and institute proceedings wherever the laws are violated."

A general strike is in effect on the Southern Pacific, and the entire system is paralyzed today. The order to strike is the result of the discharge at Oakland last night of three brakemen who refused to go out on a train to which Pullman coaches were attached. Even the company's ferry service is crippled.

The situation at Cairo, on the Illinois Central, is still grave. Seven mail trains, both north and southbound, which have been held from a few hours to two days, still remained tied up at that point. A New Orleans express train is held at Duquoin, on account of lever pins having been tampered with and removed.

raise the blockade on the Rock Island railroad where two trains were ditched on the Ist, when a riot resulted. The train was moved but 200 feet when it was cut in two by the strikers. The two main tracks then were completely blocked. Sheriff Gilbert, with a large force of deputies, was also on the ground, but he said nothing. could be done with the mob without the militia, and a request was made to Governor Altgeld for State troops.

The United States marshal announced to the War Department at Washington his inability to give trains proper protection. He has requested that the regular troops at Fort Sheridan be called out to face the mob, which has refused to allow the mail to go out if Pullman cars are made up in the same train.

The U. S. District Court for the northern district of Illinois, Judges Wood and Grosscup, issued an injunction ordering specifically that the American Railway Union officials and all railroad employees desist from in any manner interfering with the business of the following roads: Atchison, Topeka & Santa Fe; Baltimore & Ohio; Chicago & Alton Railroad; Chicago & Eastern Illinois; Chicago & Erie; Chicago & Grand. Trunk Railroad; Chicago & Northwestern; Chicago & Western Indiana; Chicago, Burlington & Quincy; Chicago; Great Western; Chicago, Milwaukee & St. Paul; Chicago, Rock Island & Pacific; Cleveland, Cincinnati, Chicago & St. Louis; Illinois Central; Lake Shore & Michigan Southern; Louisville, New Albany & Chicago; Michigan Central; New York, Chicago & St. Louis; Penn Company; Wisconsin Central Lines; Wabash & Union Stock Yard & Transit Company.

Order of the Secretary of War.

United States District Attorney and United States Judge having certified to the President that in their judgment it is impracticable otherwise to execute the orders of the court, the troops under command of Colonel Crofton at Fort Sheridan, consisting of eight companies of infantry, two troops of cavalry, and a battery of light artillery, have been ordered to Chicago to enforce the observance of the laws of the United States."

July I-SAN FRANCISCO-Judge Ross, of the WASHINGTON, D. C., July 3. United States District Court for the State of Cal- Secretary of War Lamont published the folifornia, has granted an injunction restraining all lowing bulletin at the War Department this strikers and employees on the line of the South-afternoon: "The United States Marshal, the ern California Railroad, a part of the Atchison system, from interfering with the prompt and safe movement of trains on the Southern California Railroad, on the grounds that such trains are carrying the United States mail, and must receive the protection of the United States Government. The Southern California Railroad, although owned by the Atchison, is not in the hands of a receiver, but is a solvent corporation, and this injunction, therefore, is of an important character as establishing a precedent for the protection of trains on roads which are not in the hands of the United States Government as represented by receivers.

July 2-CHICAGO-U. S. Marshal Arnold

Protest of Gov. Altgeld of Illinois.

July 5-Dear Sir: I am advised that you have ordered Federal troops to go into service in the State of Illinois. Surely the facts have not been correctly presented to you in this case, or

you would not have taken this step, for it is entirely unnecessary, and, as it seems to me, unjustifiable. Waiving all questions of courtesy, I will say that the State of Illinois is not only able to take care of itself, but it stands ready today to furnish the Federal Government any assistance it may need elsewhere. Our military force is ample and consists of as good soldiers as can be found in the country. They have been ordered out promptly whenever and wherever they were needed. We have stationed in Chicago alone three regiments of infantry, one battery, and one troop of cavalry, and no better soldiers can be found. They have been ready every moment to go on duty and have been and are eager to go into service. But they have not been ordered out, because nobody in Cook County, whether official or private citizen, asked to have their assistance or even intimated in any way that their assistance was desired or neces

sary.

were appealed to to run the train, but flatly refused. We were obliged to hunt up soldiers who could run an engine and operate a train.

Again, two days ago appeals which were almost frantic came from officials of another road, stating that at an important point on their lines trains were forcibly obstructed, and that there was a reign of anarchy at that place, and they asked for protection so that they could move their trains.

Troops were put on the ground in a few hours' time, when the officer in command telegraphed me that there was no trouble, and had been none at that point, but that the road seemed to have no men to run trains; and the Sheriff telegraphed that he did not need troops, but would himself move every train if the company would only furnish an engineer. The result was that the troops were there over twelve hours before a single train was moved, although there was no attempt at interference by anybody. It is true that in several instances a road made efforts to work a few green men, and a crowd standing around insulted them and tried to drive them off, and in a few other cases they cut off Pullman sleepers from trains. But all these troubles were local in character, and could easily be handled by the State authorities. Il

So far as I have been advised, the local officials have been able to handle the situation. But if any assistance were needed, the State stood ready to furnish one hundred men for every one man required, and stood ready to do so at a moment's notice. Notwithstanding these facts, the Federal Government has been applied to by men who had political and selfish motives for want-linois has more railroad men than any other ing to ignore the State government. We have just gone through a long coal strike, more extensive here than in any other State, because our soft coal field is larger than that of any other State; we have now had ten days of the railroad strike, and we have promptly furnished military aid wherever the local officials needed it.

State in the Union, but as a rule they are orderly and well behaved. This is shown by the fact that so very little actual violence has been committed. Only a small per cent. of these men have been guilty of any infractions of the law. The newspaper accounts have in some cases been pure fabrications and in others wild exaggerations.

I have gone thus into details to show that it is not soldiers that the railroads need so much as it is the men to operate trains, and that the conditions do not exist here which bring the case within the Federal statute, a statute that was

In two instances the United States Marshal for the Southern District of Illinois applied for assistance to enable him to enforce the processes of the United States Court, and troops were promptly furnished him, and he was assisted in every way he desired. The law has been thoroughly executed, and every man guilty of violat-passed in 1861, and was in reality a war measure. ing it during the strike has been brought to justice. If the Marshal for the Northern District of Illinois or the authorities of Cook County needed military assistance, they had but to ask for it in order to get it from the State.

At present some of our railroads are paralyzed, not by reason of obstructions, but because they cannot get men to operate their trains. For some reason they are anxious to keep this fact from the public, and for this purpose are making an outcry about obstructions in order to divert attention. I will cite to you two examples which illustrate the situation:

The statute authorized the use of Federal troops in a State whenever it shall be impracticable to enforce the laws of the United States within such States by the ordinary judicial proceedings. Such a condition does not exist in Illinois. There have been a few local disturbances, but nothing that seriously interfered with the administration of justice, or that could not easily be controlled by the local or State authorities, for the Federal troops can do nothing that the State troops cannot do.

I repeat that you have been imposed upon in this matter, but even if by a forced construction Some days ago I was advised that the busi- it were held that the conditions here came within ness of one of our railroads was obstructed at the letter of the statute, then I submit that local two railroad centres—that there was a condition self-government is a fundamental principle of our bordering on anarchy there-and I was asked to Constitution. Each community shall govern furnish protection so as to enable the employees itself so long as it can and is ready and able to of the road to operate the trains. Troops were enforce the law, and it is in harmony with this promptly ordered to both points. Then it fundamental principle that the statute authorizing transpired that the company had not sufficient the President to send troops into States must be men on its line to operate one train. All the construed. Especially is this so in matters relatold hands were orderly, but refused to go. The ing to the exercise of the police power and the company had large shops in which worked a preservation of law and order. number of men who did not belong to the railway union and who could run an engine. They

To absolutely ignore a local government in matters of this kind when the local government

is ready to furnish any assistance needed, and is | amply able to enforce the law, not only insults the people of the State by imputing to them an inability to govern themselves or unwillingness to enforce the law, but is in violation of a basic principle of our institutions. The question of Federal supremacy is in no way involved. No one disputes it for a moment, but under our Constitution Federal supremacy and local self-government must go hand in hand, and to ignore the latter is to do violence to the Constitution.

As Governor of the State of Illinois, I protest against this, and ask the immediate withdrawal of the Federal troops from active duty in this State. Should the situation at any time get so serious that we cannot control it with the State forces, we will promptly and freely ask for Federal assistance; but, until such time, I protest with all due deference against this uncalled-for reflection upon our people, and again ask the immediate withdrawal of these troops.

President Cleveland's Reply.

Federal troops were sent to Chicago in strict accordance with the Constitution and laws of the United States, upon the demand of the Postoffice Department that obstruction of the mails should be removed, and upon the representations of the judicial officers of the United States that process

of the Federal Courts could not be executed

through the ordinary means, and upon abundant proof that conspiracies existed against commerce between the States.

To meet these conditions, which are clearly within the province of Federal authority, the presence of Federal troops in the city of Chicago was deemed not only proper but necessary, and there has been no intention of thereby interfering with the plain duty of the local authorities to preserve the peace of the city.

GROVER Cleveland.

Gov. Altgeld's Rejoinder, July 6, 1894. Sir: Your answer to my protest involves some startling conclusions and ignores and evades the question at issue, that is, that the principle of local self-government is just as fundamental in our institutions as is that of Federal supremacy.

under pretense of enforcing some law. The kind of local self-government that could exist under these circumstances can be found in any of the monarchies of Europe, and is not in harmony with the spirit of our institutions.

Second-It is also a fundamental principle in our Government that, except in times of war, the military shall be subordinate to the civil authorities. In harmony with this provision the State troops, when ordered out, act under and with the civil authorities. The Federal troops. you have ordered to Chicago are not under the civil authorities, and are in no way responsible to them for their conduct. They are not even acting under the United States Marshal or under any Federal officer of the State, but are acting directly under military orders issued from military headquarters at Washington, and, in so far as these troops act at all, it is military government.

Third-The statute authorizing Federal troops to be sent into States in certain cases contemplates that the State troops shall be taken first. sumed that the Executive is not bound by it. This provision has been ignored, and it is asFederal interference with industrial disturbances in the various States is certainly a new departure, and it opens up so large a field that it will require a very little stretch of authority to absorb to itself all the details of local government.

All of

If

Fourth-You say that troops were ordered into Illinois upon the demand of the Postoffice Department, and upon representations of the juof the courts could not be served, and upon dicial officers of the United States that process proof that conspiracies existed. We will not discuss the facts, but look for a moment at the these officers are appointed by the Executive. principle involved in your statement. Most of them can be removed by him at will. They are not only obliged to do his bidding, but they are in fact a part of the Executive. several of them can apply for troops, one alone can, so that under the law, as you assume it to be, an Executive through any one of his appointees can apply to himself to have the military sent into any city or number of cities, and base his application on such representations or showing as he sees fit to make. In fact, it will be immaterial whether he makes any showing or First-You calmly assume that the Executive not, for the Executive is the sole judge, and nohas the legal right to order Federal troops into body else has any right to interfere or even inany community of the United States in the first quire about it. Then the Executive can pass on instance whenever there is the slightest disturb- his own application. His will being the sole ance, and that he can do this without any regard guide, he can hold the application to be sufficient to the question as to whether that community is and order troops to as many places as he wishes, able to and ready to enforce the law itself; and, and put them in command of any one he chooses, inasmuch as the Executive is the sole judge of and have them act, not under the civil officers, the question as to whether any disturbance either Federal or State, but act directly under exists or not in any part of the country, this military orders from Washington, and there is assumption means that the Executive can send not in the Constitution or laws of the land, Federal troops into any community in the United whether written or unwritten, any limitation or States at his pleasure, and keep them there as restraint upon his power. His judgment, that is long as he chooses. If this is the law, then the his will, is the sole guide, and, it being purely a principle of local self-government either never matter of discretion, his decision can never be did exist in this country or else has been de-examined or questioned. This assumption as to stroyed, for no community can be said to possess local self-government if the Executive can, at his pleasure, send military forces to patrol it

the power of the Executive is certainly new, and I respectfully submit that it is not the law of the land. The jurists have told us that this is a

Government of law and not a Government by
the caprice of individuals, and, further, that, in-
stead of being autocratic, it was a Government
of limited power.
Yet the autocrat of Russia
could certainly not possess or claim to possess
greater power than is possessed by the Executive
of the United States, if your assumption is cor-

rect.

States within the State of Illinois, and especially in the city of Chicago within said State; and,

Whereas, For the purpose of enforcing the faithful execution of the laws of the United States and protecting its property and removing obstructions to the United States mails in the State and city aforesaid, the President has employed a part of the military forces of the United States.

Now, therefore, I, GROVER CLEVELAND, President of the United States, do hereby admonish all good citizens and all persons who may be or may come within the city and State aforesaid, against aiding, countenancing, encour

structions, combinations and assemblages; and I hereby warn all persons engaged in or in any way connected with such unlawful obstructions, combinations and assemblages, to disperse and retire peaceably to their respective abodes on or before 12 o'clock noon on the 9th day of July inst.

Fifth-The Executive has the command, not only of the regular forces of the United States, but of the military forces of all the States, and can order them to any place he sees fit to, and, as there are always more or less local disturbances over the country, it will be an easy matter, under your construction of the law, for an am-aging or taking any part in such unlawful ob bitious Executive to order out the military forces of all the States and establish at once a military government. The only chance of failure in such a movement could come from rebellion, and with such a vast. military power to command, this could readily be crushed, for, as a rule, soldiers will obey orders. As for the situation in Illinois, that is of no consequence now when compared with the far-reaching principle involved. True, according to my advices, Federal troops have now been on duty for over two days, and, although the men were brave and the officers valiant and able, yet their very presence proved to be an irritant, because it aroused the indignation of a large class of people who, while upholding law and order, had been taught to believe in local self-government, and, therefore, resented what they regarded as an unwarranted interference.

Those who disregard this warning and persist in taking part with a riotous mob in forcibly resisting and obstructing the execution of the laws of the United States or interfering with the functions of the Government, or destroying or attempting to destroy the property belonging to the United States, or under its protection, cannot be regarded otherwise than as public enemies.

Troops employed against such a riotous mob will act with all the moderation and forbearance consistent with the accomplishment of the desired end; but the stern necessities that confront them will not with certainty permit discrimination between guilty participants and those who are mingled with them from curiosity and without criminal intent. The only safe course, therefore, for those not actually unlawfully participating is to abide at their homes, or at least not to be found in the neighborhood of riotous assemblages.

in the decisive treatment of the guilty, this warning is especially intended to protect and save the innocent.

While there will be no hesitation or vacillation

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be hereto affixed.

Done at the city of Washington this 8th day of July, in the year of our Lord one thousand eight hundred and ninety[SEAL] four, and of the Independence of the United States of America the one hundred and nineteenth.

GROVER CLEVELAND.

By the President:
W. Q. GRESHAM,

Secretary of State.

A Second Proclamation of President
Cleveland.

BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.

A Proclamation.

Whereas, By reason of unlawful obstructions, combinations and assemblages of persons, it has

become impracticable, in the judgment of the | resolution, which was read twice and ordered to President, to enforce by the ordinary course of lie on the table. July 9, it was referred to the judicial proceedings the laws of the United Committee on Education and Labor: States at certain points and places within the "Joint resolution defining obstructions to railStates of North Dakota, Montana, Idaho, Washway trains. ington, Wyoming, Colorado and California, and the Territories of Utah and New Mexico, and especially along the lines of such railways traversing said States and Territories as are military roads and post routes and are engaged in interstate commerce and in carrying United States mails; and

Whereas, for the purpose of enforcing the faithful execution of the laws of the United States, and protecting property belonging to the United States or under its protection, and of preventing obstructions of the United States mails and of commerce between the States and Territories, and of securing to the United States the right guaranteed by law to the use of such roads for postal, military, naval and other Government service, the President has employed a part of the military forces of the United States;

"Resolved, &c., That no warrant or other process, civil or criminal, shall be issued by any United States Commissioner or out of any circuit or district court of the United States, against any person or persons for the alleged obstruction of any railroad train or trains, unless it shall appear that such person or persons have obstructed or hindered such train in such manner as to interfere with the safe and convenient movement of the part of such train or trains as is essential to the safe and convenient transportation of the mails of the United States; and the detachment of Pullman or other parlor or sleeping coaches from any railroad train or trains shall not constitute any offense against the laws of the United States."

1894, July 10-Mr. PEFFER submitted these resolutions:

66

Now, therefore, I, GROVER CLEVELAND, 'In view of existing social and business conPresident of the United States, do hereby com-ditions and by way of suggesting subjects for mand all persons engaged in, or in any way remedial legislationconnected with such unlawful obstructions, combinations and assemblages to disperse and retire peaceably to their respective abodes on or before 3 o'clock in the afternoon on the 10th day of July

instant.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be hereto affixed.

Done at the City of Washington this 9th day of July, in the year of our Lord one thousand eight hundred and ninety[SEAL] four, and of the Independence of the United States the one hundred and nineteenth.

By the President:

GROVER CLEVELAND.

W. Q. GRESHAM, Secretary of State.

July 10-President Debs, Vice-President George W. Howard, Secretary Sylvester Kelihey and L. W. Rogers, Director of the American Railway Union, were arrested, accused with interfering with the business of the United States, obstructing the mails, and preventing and hindering the execution of the laws of the United States. Released from arrest on giving bail in $10,000 each.

July 13-Mr. Debs offered the General Managers' Association of the Railways to declare the strike off if they would reinstate the strikers in their former places without prejudice. They refused to consider it.

July 17-Mr. Debs was again arrested for violation of the injunction issued on July 2, by Judges Woods and Grosscup.

In a few days, business was resumed on all the railroads affected. About 30 persons were killed, and many millions of property in and contents destroyed by fire.

Action of the Senate.

cars

"Be it resolved by the Senate of the United States

"First. That all public functions ought to be exercised by and through public agencies.

"Second. That all railroads employed in interstate commerce ought to be brought into one organization under control and supervision of public officers; that charges for transportation of persons and property ought to be uniform throughout the country; that wages of employés ought to be regulated by law and paid promptly in money.

"Third. That all coal beds ought to be owned and worked by the States or by the Federal Government; and the wages of all persons who work in the mines ought to be provided by law and paid in money when due.

"Fourth. That all money used by the people ought to be supplied only by the Government of the United States; that the rate of interest ought to be uniform in all the States, not exceeding the net average increase of the permanent wealth of the people.

"Fifth. That all revenues of the Government ought to be raised by taxes on real estate.""

Mr. DANIEL offered the following as a substitute:

"Resolved, That the Senate indorses the prompt and vigorous measures adopted by the President of the United States and the members of his Administration to repulse and repress by military force the interference of lawless men with the due process of the laws of the United States, and with the transportation of the mails of the United States, and with commerce among the States.

"It is within the plain constitutional authority of the Congress of the United States, 'to regulate commerce with foreign nations, and among the several States, and with the Indian tribes;' 'to establish post-offices and post-roads;' and to ordain and establish inferior courts; and the

1894, July 2—Mr. KYLE offered this joint | jndicial power extends to all cases in law and