"Do not lose a moment in summoning special session of grand jury."

and a jury was summoned on July 5.

7

July 6, the United States attorney notified the attorneygeneral that the mob had fired upon the marshals and that there was no improvement in the conditions. The mob was practically in possession of the stock-yards and railroad tracks.

On the same day the mayor of Chicago and the sheriff called upon the governor for five regiments of state troops. Three men were killed that morning.

July 3, the first regiment of federal troops arrived, and July 5, a collision took place between the federal troops and the rioters. Gatling guns were placed in position, and the troops charged upon the mob, but without effect.

On July 5, the buildings of the World's fair were set on fire, and during the night of July 6, the mob held full control of the entire southern suburbs of Chicago,, burned over a thousand cars as well as buildings, signal towers, and storehouses, inflicting a loss estimated at about three million dollars.

At that time five thousand state troops were massed in the city, and twelve hundred federal troops were also in the city.

On the morning of the seventh, the Illinois regiments moved upon the mob in the suburbs, occupied the railway yards and approaches to the stock-yards, and in a collision with the mob fired and then charged with bayonet wounding about twenty rioters, but they were compelled to retreat to the cars where they were besieged by the mob until reenforcements arrived.

It was then that General Miles with the federal soldiers and General Wheeler commanding the Illinois troops agreed with the mayor upon a plan of operations, established an armed camp from which reënforcements could be despatched in any direction, and made it known throughout the city

that orders had been given to fire upon the mob, if necessary. The regular troops undertook to protect the government buildings and the railway stations. The deputy marshals protected the stock-yards and the railway stations on the south. Altogether at that time there were ten thousand armed men under the command of General Miles of the federal army and General Wheeler of the Illinois troops.

On the night of the eighth of July the president issued his proclamation putting Chicago and other disturbed districts under martial law, and at the same time ordered eighteen hundred additional federal troops to Fort Sheridan, within reach of General Miles at Chicago. Then and only then trains began to move, although the injunctions of the court had been issued and served for more than a week.

Then a difficulty arose at Hammond in Indiana, just over the Illinois line, and on the eighth the governors of the two states directed their respective forces to operate as one body irrespective of frontiers; and at the same time the mob attacked a train approaching Hammond from Indianapolis carrying a body of federal troops, who replied with musketry and with a bayonet charge, killing four persons and wounding twelve. But it was not until heavy reënforcements of state troops had arrived, and after many collisions with the mob that the blockade of commerce at Hammond was removed.

If any further proof were necessary that the presence of the federal troops and state troops and the indictments were what really terminated the riot in Chicago, it is found in the letter of the special United States attorney to the attorney-general on July 13, where he says:

"The injunction of the courts was willfully violated every day until the indictments were returned, and I believe that the leaders fear the grand jury more than the presence of troops."

And again, writing on July 14, he says:

"As I telegraphed you the strike is now practically over. In

my opinion the calling of the grand jury, the charge of the court, the indictment and arrest of Debs and others, and the continual sessions of the grand jury exercised a most healthful influence over the leaders of all other labor organizations, and therefore such leaders have refused to order a strike."

Continuing, he said, that he advised calling attention of the court to the violation of its injunctions, and further indictments of Debs and the other officers of the Railway Union, to which the attorney-general replied that he entirely approved that method of procedure.

July 17, information was filed against Debs and others for violation of injunction, and on the 18th they were arrested and committed to jail in default of bail.1

And yet, notwithstanding this, on July 19, the district attorney notified the attorney-general that although the marshal had twelve hundred deputies they were in his opinion insufficient to preserve order if the federal troops were removed, and on the same day the United States judge notified the attorney-general that he was "satisfied that the continued presence in Chicago of the federal troops is of great importance and probably necessary to ensure operations of trains."1

July 26, the contempt proceedings against Debs and others were continued to September 5.2 And on the same day the special district attorney notified the attorney-general that the indictments could not be tried until the last of October, and that as indictments were pending against all of the persons charged with contempt, it was to his mind a serious question whether proof should be submitted in support of the charge of violating the injunction before trial under the indictments, and also said that he was inclined to the opinion that if the contempt proceedings should then be heard, and the court should hold that the defendants were guilty of violating its orders and subject to punishment, the

1 Appendix Rep. Atty. Gen'l, 1896, p. 90.

2 Ibid, p. 93.

execution of the order would be stayed until the trial under the indictment.1

This is obviously what ought to have been done, but as a matter of fact the contempt proceedings were actually heard in October and decided in December and the indictments were never tried.

In Minnesota indictments were found against those who obstructed interstate commerce and the transmission of the mails, and order was preserved without calling for troops, by the indictment and arrest of those who had violated the law, but the indictments were never tried.

In Missouri bills in equity were filed by the government in the circuit court, and criminal informations were filed against the leaders of the Railway Union. No contempt proceedings were instituted, and upon the restoration of order the criminal informations were not tried.2

In New Mexico interstate commerce and the transmission of the mails was interrupted by large bodies of strikers, who disregarded the injunctions issued by the federal courts, and the marshal and judge of the court notified the attorneygeneral that it was absolutely necessary that federal troops should be sent, and troops were ordered as requested. Criminal proceedings were begun and contempt proceedings were instituted, but it was not until arrests were made upon criminal process and after the arrival of the troops that the obstructions to commerce and the transmission of the mails were removed. Informations for contempt against a large number of persons were tried, and four only were convicted and sentenced to sixty days. Indictments were not procured. The district attorney reported to the attorneygeneral that owing to the sympathy of the community with the strikers it was doubtful whether indictments could be procured, or if procured whether convictions could be obtained.3

1 Appendix Rep. Atty. Gen❜l, 1896, p. 95.

2 Ibid, p. 140.

3 Appendix Rep. Atty. Gen'l, 1896, pp. 164, 165.

Disturbances arose at Cincinnati and Toledo in the state of Ohio, and a bill was filed by the government similar to that filed in Chicago. Injunction was issued and served upon many persons and posted for public information. No indictments appear to have been found, but one Phelan, agent of the Railway Union, was arrested for contempt of the injunction order, and upon being found guilty sentenced to imprisonment.1

In Utah serious obstructions to commerce and the mails arose at Ogden. A bill was brought by the government in the federal court and injunction issued and served, and warrants were also issued for the arrest of persons under the federal statutes. A special grand jury was ordered. The United States attorney notified the attorney-general, however, that when the marshal served the court injunction he was "met with jeers and threats of defiance." He He says:

"I was amongst the strikers. I asked them whether they would obey the injunction. They declare they will not. An attempt to make an arrest would precipitate a riot."2

Two days later the district attorney and marshal notified the attorney-general that "nothing short of the United States military is sufficient to cope with the situation." And this was approved by the acting governor of Utah and by the associate justice.

July 5, injunctions were further served by a force of about fifty deputy marshals, and they reported that the strikers "simply hooted and paid no attention whatever to it."

July 9, the grand jury was in session and found indict

ments.

July 16, the district attorney reported to the attorneygeneral that the temporary restraining order, which was first obtained by him from the court under the interstate commerce act, when read by the marshal to the strikers was met with derision and cries of "Rats," etc.; that he therefore 1Appendix Rep. Atty. Gen'l, 1896, pp, 173, 177. 2Ibid., p. 194.