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h no law forbids, and even things which the Constitution and statute law declare to be legal. Mr. John Mitchell refers to this subject, in strong but not too strong terms. "No weapon," he says, "has been used with such disastrous effect against trade unions as the injunction in labor disputes. By means of it, trade unionists have been prohibited under severe penalties from doing what they had a legal right to do, and have been specifically directed to do what they had a legal right not to do. It is difficult to speak in measured tones or moderate language of the savagery and venom with which unions have been assailed by the injunction, and to the working classes, as to all fair-minded men, it seems little less than a crime to condone or tolerate it."[132] This is strong language, but who shall say that it is too strong when we remember the many injunctions which have been hurled at organized labor since the famous Debs case brought this weapon into general use? In this celebrated case, which grew out of the Pullman strike, in 1894, Eugene V. Debs, president of the American Railway Union, was arrested and arraigned on indictments of obstructing the mails and interstate commerce. Although arraigned, he was not tried, the case being abandoned, despite his demands for a trial. President Cleveland's strike commission subsequently declared, "There is no evidence before the commission that the officers of the American Railway Union at any time participated in or advised intimidation, violence, or destruction of property." Realizing that it had no sort of evidence upon which a jury might be hoped to convict, a new way was found. Debs and his officers were enjoined in a famous "blanket" injunction directed against Debs and all other officials of the union, and "all persons whomsoever." For an alleged violation of that injunction, Judge Woods, without trial by jury, sentenced Debs to six months' imprisonment and his associates to three months'. The animus and class bias of the whole proceeding may be judged from the fact that President Cleveland selected to represent the United States Government, at Chicago, Mr. Edwin Walker, general counsel at that very time for the General Managers' Association, representing the twenty-four railroads centering or terminating in Chicago. And these railroads were operating in violation of the Sherman Anti-Trust Law at the time.[133] In 1899 an injunction was issued out of the United States C
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