Tag Archives: legal history

The Conspirators: Eugene V. Debs, Clarence Darrow, and the ARU Trials of 1894-95

Indiana history is replete with trailblazers, those who stood against the norm and fought for what they believed in. One such trailblazer was Eugene Victor Debs, founder of the American Railway Union (ARU) and perennial candidate for president of the United States under the Socialist Party banner. Before his presidential runs, before the “legend” of Debs took hold in the American psyche, a series of events in 1894-95 catapulted Debs’ status from obscure labor leader to “the ideal of the workingmen of America.”

Greencastle Daily Banner Times, December 15, 1894. Hoosier State Chronicles.

Another seminal character in Debs’ rise was Clarence Darrow, the famed litigator and labor supporter who used his considerable legal talents to defend Debs and the ARU. Coincidentally, Darrow’s rise to American consciousness, in some measure, parallels Debs’ own emerging prominence. They both supported and emboldened each other during an era of immense fortunes for those at the top and very little for those at the bottom. This blog details their partnership during one of organized labor’s most trying times and how these two men facilitated each other’s mythos during America’s Gilded Age.

Richmond Palladium, November 13, 1917. Hoosier State Chronicles.

It all began with a labor strike. On May 11, 1894, 2,000 employees walked out of their jobs at the Pullman Palace Car Company in Chicago. While the press concluded that the exact nature of the walk out was unknown, the strike had been brewing for months. The economic Panic of 1893 left hundreds of thousands unemployed or underpaid. As the New York Evening World wrote in their report on the initial walk out, “Trouble had been brewing for some time, the men demanding the restoration of a 33 1/3 per cent cut in the wages made last year.” Conditions worsened when the majority of Pullman workers, living in a company town established by the eponymous owner, found rent, food, and other goods too expensive for their slashed wages. The Pullman Company refused to lower prices, despite the wage decreases. These, among other factors, led to the walkout.

New York Evening World. May 11, 1894. Chronicling America.
Pullman workers walking off the job, 1894. Wikispaces.

Within days, the American Railway Union became involved. Founded in Chicago on June 20, 1893, the ARU “very quickly became the nation’s largest organized union.” Debs served as the union’s president. When the Pullman strike erupted in May, the ARU fended off accusations of trying “to stop the Pullman car service throughout the country in an effort to win the strike at Pullman.” However, that didn’t stop the ARU from creating “assemblies of A.R.U. at Wilmington, Del[aware], Ludlow, “K[entuck]y, and St. Louis among the Pullman employe[e]s at those points.”

Indianapolis Journal, May 13, 1894. Hoosier State Chronicles.

In May, the ARU were merely facilitators for the workers; by June, they had taken over the strike. On June 26, 1894, the ARU “began to fight against the Pullman Palace Car Company. Orders for the boycott have issued to all local branches of the organization and preparations are not complete for what it is said may be the greatest railway fight in history.” ARU Vice President George W. Howard expressed his intent in the Indianapolis News:

We are going to bankrupt George M. Pullman, and we are going to do it in a short space of time. We have shut up his works at Ludlow and St. Louis and we shall be able to close his last door at Wilmington by next week. He will be rendered completely helpless inside of ten days unless he comes to terms before that time.

Chicago Police Chief Michael Brennan. History of the Chicago Police, Internet Archive.

Despite walkouts, threats, and the boycott, the General Managers Association decided to keep the Pullman cars running, including “twenty-two Chicago terminal lines.” The company wouldn’t budge on its commitment to lower wages. A police presence, led by Chief Michael Brennan, was asked for by Pullman “in case of trouble as a result of the boycott by the American Railway Union.” Strikers in St. Louis spoke with its police chief in an effort to stave off violence that might “throw discredit on them.” Things were heating up.

Indianapolis News, July 6, 1894. Hoosier State Chronicles.

By early July, Chicago erupted in a fury. The Indianapolis News reported that “two strikers were killed outright and others injured in a riot in the Illinois Central yards at Kensington.” Meanwhile, some “five hundred men were rushing up and down the yards, overturning freight cars and blocking the tracks in every possible manner.” Law enforcement descended on the mob, “150 United States Marshalls and Cook County deputies,” using everything at their disposal to quell the melee. This resulted in gunshots rippling through the crowd, a short stammering by the mob, and then a full-on retreat by police forces as the hordes of laborers charged at them. This continued well into the afternoon, with hundreds of freight cards either ripped from the tracks or burned to the ground. In all, six men died and the railways suffered roughly $2,000,000 worth of damage (over $56,000,000 in 2016 dollars).

Indianapolis News, July 7, 1894. Hoosier State Chronicles.

In the middle of all this carnage, both physical and political, was ARU founder and President Eugene V. Debs. During the July 6 riots, Debs released a statement that rankled the capitalists as well as the public, subtly acknowledging the chaos. “If the corporations refuse to yield, and stubbornly maintain that there is ‘nothing to arbitrate,’ the responsibility for what may ensue will be upon their heads and they can not escape the penalties,” Debs declared. However, his tune changed slightly the next day, telling the strikers that “I deem it my duty to caution you against being a party to any violation of law” and “those who engage in force and violence are our real enemies.” Despite his pleas for peace, the ARU’s boycott and ensuing violence animated the United States Court in Chicago to file an injunction against Debs and the ARU. “The injunction was served as Debs was leaving the Sherman House this morning,” the News wrote.

Indianapolis Journal, July 11, 1894. Chronicling America.

The injunction proved fatal to the strike and to Debs’ hopes of representing the workers in their negotiations with the Pullman Company. On July 10, Debs, ARU Vice President Howard, and two other ARU representatives were arrested in Chicago under alleged violation of the US Court’s injunction. “They are charged with conspiracy to commit an unlawful act—that is, to block the progress of the United States mails,” the Indianapolis Journal reported. The men were arraigned in front of a grand jury and ordered to jail unless they posted bond at “$10,000 each.” Debs’ mail and other ARU materials were seized by the government, as potential evidence in the trial. Debs appeared particularly upset about this action. “…I cannot understand under what law the postoffice [sic] authorities are a party to the seizure of my private mail,” Debs barked, “It is an outrage and you call this a free county? It seems to me not to be compatible with the stars and stripes.” Despite his anger, Debs reached out to his fellow laborers and told them to stay vigilant, refrain from violence, and “maintain law and order.”

Clarence Darrow, circa 1900. Library of Congress.

The attorney who defended Debs and the ARU was none other than Clarence S. Darrow. Before his legendary status in American life as one of the country’s greatest litigators, Darrow was a young attorney making a career for himself in Chicago. After leaving a lucrative practice representing the Chicago and North Western Railway Company, Darrow rose to prominence as the public defender of Patrick Eugene Prendergast, the man who murdered Chicago Mayor Carter Harrison during the 1893 World’s Fair. Darrow toiled well over a year to get Prendergast an insanity plea, and when that failed, he diligently worked with state government to stay his client’s execution. Darrow, who sternly against capital punishment, felt it his duty to stand against its use in such a unfortunate case. Sadly, Darrow’s crusade was unsuccessful and the state executed Prendergast by hanging on July 13, 1894, three days after Debs faced arrest in Chicago.

Omaha Daily Bee, July 11, 1894. Chronicling America.

Darrow, disappointed in the state’s decision in the Prendergast case but emboldened in his desire to defend those deemed indefensible, took on the Debs case right away, according to the Indianapolis News and the Omaha Daily Bee. The Bee also reported that a “large number of telegrams sent by Debs from his headquarters” provided “directions which extended the blockade of trains. . . .” Western Union initially withheld the telegrams from the United States Court, but Judge Peter S. Grosscup issued a subpoena and the company relented. To make things worse, the press wrote scurrilous descriptions of Darrow and Debs. The Wichita Daily Eagle called Darrow “an outspoken Anarchist and no party has the courage to nominate him for any position. His political feelings are dangerous.” As for Debs, the Eagle painted him as the “most indignant citizen . . . the dictator of his union and the regulator of the commerce of the country.” Darrow knew as much as Debs that this case could upend their careers – or gain them the public support they craved.

Judge Peter S. Grosscup. Google Books.

The first trial against Debs and the ARU began in Chicago on July 23, 1894. As biographer John A. Farrell noted, the Feds “launched a two-track legal defense on Debs and his men: the contempt proceeding in which there were accused of violating the federal court’s injunction banning anyone from ‘inciting’ workers to strike, and a criminal case that charged the union with conspiring to stop the mails and to interfere with interstate commerce.” Darrow led a defense team with attorneys William W. Erwin and Stephen S. Gregory. They intended to dismiss the charges against Debs and the alleged conspirators by challenging the legality of the federal injunction. “It will be contended that what the court has done amounts to a usurpation of power not given to the federal judiciary [by] either constitution or law,” the Topeka State Journal wrote. The defendants also denied that Debs and the ARU directed the strikers to leave their posts, but rather its members voted in favor to strike. As for the telegrams, the only approved communication between Debs and the strikers came on July 6, when Debs counseled “every one to stand firm,” not to use violence or to block rail lines. Defense attorney Gregory reiterated this point in a passage from the Indianapolis Journal: “The attorney contended that as long as people obeyed the laws they could not be held responsible for the lawlessness of others.” Each defendant consulted extensively with Darrow and his team before their case was filed.

William W. Erwin. Saint Paul Historical.
Indianapolis Journal, July 24, 1894. Hoosier State Chronicles.

Chicago District Attorney Thomas E. Milchrist, Assistant-District Attorney John P. Hand, and special counsel Edwin Walker represented the prosecution, with attorneys for the Santa Fe Railroad assisting. Walker spoke for the state on the first day and argued that, “All the strike orders which had resulted in the stoppage of commerce and mails came from the office of the union in Chicago, and they were responsible for everything that happened in consequence, even to the loss of life.” Walker, by offering evidence against Debs in the criminal case regarding blocking the U. S. Mail, indirectly affirmed the injunction against ARU. This appeared strong enough in the eyes of presiding Judges William A. Woods and Peter S. Grosscup (he advised Woods), who threw out the defense’s plea to drop the contempt charges on July 25. Two days later, Judge Woods postponed further arguments in the trial until September, so the court could accrue evidence under the assistance of a master of chancery. Debs and the other defendants posted bail and awaited the continuation of their case. The ARU was dealt a serious blow, but the fight was only beginning.

Judge William Allen Woods. Google Books.
Chicago District Attorney Thomas Milchrist. Google Books.

On September 26, 1894, arguments were continued in the Seventh Circuit Court in Chicago under presiding Judge Woods. In his four and a half hours of arguments, Clarence Darrow’s defense of Debs became legendary. The Chicago Tribune published a piece the next day entitled, “Darrow Hurts Debs: Counsel for the Ex-Dictator Flies into a Rage,” where Darrow “was credited with having made an exceedingly able argument.” (The article’s splashy title doesn’t match what is said of Darrow; in that regard, it’s a 1890s version of “clickbait.”) Darrow’s argument was twofold. First, the ARU did direct strikers via telegram after the injunction, “but had a perfect right to do so . . . .” Second, the prosecution’s basis for the injunction, the Sherman Anti-Trust Act of 1890, was legally unfounded. “He argued at length,” the Tribune reported, “to prove the act had no reference to strikes, but was designed exclusively to correct the outrages of the railroad companies. He thought it a shame the railroads should use it against other people.” Darrow also went after prosecuting attorney Milchrist, saying that “I never knew a man who had more abused an office in which chance placed him . . . .” Milchrist was incensed, and fired back with, “I am responsible for my words. I will not take lessons from you in professional ethics.” To which Darrow snapped, “You ought to take lessons from some one [sic].”

Chicago Tribune, September 27, 1894. Chicago Tribune Archives.

Darrow’s strident defense of Deb’s found coverage throughout the nations newspapers, including the Crawfordsville Journal, the Indianapolis Journal, and the San Francisco Morning Call. The Call’s write up was particularly insightful; Darrow’s reasoning on the right of workers to strike found clearer elucidation than had been in the Tribune. “He said the defendants had not committed any wrong and declared that every man had the right to abandon his position either for a good or bad reason. No court could put a citizen into a condition of servitude,” the Call wrote.

San Francisco Morning Call, September 27, 1894. Chronicling America.

Despite Darrow’s passionate and astute defense of his clients, Judge Woods ruled against Debs and the ARU. On December 15, 1894, Eugene V. Debs was sentenced to six months in prison for violating the federal injunction against the ARU. Seven others, including ARU Vice President Howard, received 3 month sentences. In his ruling, Judge Woods declared: “I think there is no doubt these defendants had power to make the men who looked up to them do as they pleased and that they continued to violate this injunction.” As Darrow feared, Judge Woods sentenced them under his reading of the Sherman Anti-Trust Act. The act was created to protect the laboring classes, instead Woods applied the law as a weapon against them. “The decision is bad law,” Darrow said, “but the sentence is remarkably lenient.” As for Debs, he was quoted in the Greencastle Daily Banner Times, saying:

I am a law abiding man and I will abide by the law as construed by the judges. But if Judge Woods’ decision is law, all labor organizations may as well disband. According to him, every strike is a conspiracy and unlawful. . . . In the strike of last summer every effort was made by the leaders to prevent violence. Judge Woods intimates that this advice was given to the effect it would have on the public and that the strikers were not expected to heed it. What right has he to draw such an inference? There is nothing in the evidence to support it.

Greencastle Daily Banner Times, December 15, 1894. Hoosier State Chronicles.

Judge Woods gave Darrow and the ARU ten days to develop a strategy to keep them out of jail. Darrow’s plan consisted of the defendants calling for a writ of habeas corpus in front of the US Supreme Court, bypassing the appeals court process altogether. However, Darrow had to be admitted to the Supreme Court bar and meet with the necessary people to begin the process. This delayed Debs’ and the others’ chances of staying out of prison, and while Darrow did all he could to get them freed, Debs and the others began serving their prison terms.

Iron County Register, December 20, 1894. Chronicling America.

And this was only the contempt trial. The criminal trial charging the ARU with blocking the passage of U. S. Mail also plagued Debs, and its decision would be made by a jury rather than a judge. It began on January 27, 1895, with Judge Grosscup, who assisted Woods in the injunction trial, presiding. Edwin Walker, continuing his work for the prosecution, asked the ARU to produce its meeting minutes from the previous summer. This plan backfired, according to Darrow biographer John A. Farrell, because the ARU made its proceedings public months before and had nothing to hide. Darrow, sensing a good strategy, asked for the prosecution to produce the minutes of the General Managers Association. This proved fatal to the prosecution, for it necessitated railway owner George Pullman to testify. He evaded a subpoena and, ironically, faced possible contempt charges. Once Debs, released on bail just days before, took the stand and testified against the charges, the trial fell apart. What happened next can only be described as serendipitous. One of the jurors, a man named “Coe,” fell ill and the jury was discharged. The trial lingered on a continuance but was eventually dropped. Debs, Darrow, and the defense felt certain that if the trial continued, and Pullman was asked to testify, they would’ve won. As one juror said to Debs on his way out, “when this trial opened I was in favor of giving you a 5-year sentence, but now I am anxious to see you free.”

Indianapolis News, February 12, 1895. Hoosier State Chronicles.

One trial down, one to go. Debs, Darrow, and the ARU were off to Washington. Darrow presented his petitions for a writ of error and a writ of habeas corpus to the Supreme Court; Chief Justice Melville Fuller asked for the legality of each petition to be considered. The justices agreed to hear the case and oral arguments were scheduled for March. The first day of arguments began at 12:40pm on March 25, with Darrow, Gregory, and Lyman Trumbull representing Debs. Walker, Attorney General Richard Olney, and Assistant-Attorney General Edward B. Whitney represented the government. As the Indianapolis Journal reported, Darrow and his team sought to reaffirm their position that the Sherman Anti-Trust Act did not grant courts the authority to issue an injunction against the ARU. Furthermore, Trumbull argued that if the lower court had only used the newspaper as a means of disseminating the injunction, “it was in defiance of Congress, and it was not to be supposed that everybody was to be compelled to read the newspapers.” He further “urged . . . that Debs and his associated were illegally imprisoned, and asked for their release.”

Indianapolis News, May 27, 1895. Hoosier State Chronicles.

After two days of intense oral arguments, the Supreme Court unanimously ruled against Debs and the ARU’s application for a writ of habeas corpus. In the court’s opinion, Justice David Brewer wrote: “The strong arm of the national Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arises, the army of the Nation, and all its militia, are at the service of the Nation to compel obedience to its laws.” Debs was devastated by the decision and shared his disgust with a local reporter:

I think it [Supreme Court] is one of the worst demoralized organizations in the country. When the law in the Debs case was made it was intended to apply to check the greed of corporations. No one ever thought it would be twisted to apply to labor organizations. The decision will be a great blow to railroad labor organization. Railroad men will hardly dare to act, under this interpretation.

Darrow and Trumbull also lambasted the decision, calling it “a sort of double barreled shotgun justice—punishing a man for a crime for which he had been indicted but before he was tried.” Not able to accrue time served, Debs began his six-month jail sentence for contempt of the federal injunction; he served out his time in Woodstock, Illinois.

Indianapolis News, November 14, 1895. Hoosier State Chronicles.

While Debs served out his sentence, Darrow, Trumbull, and scores of labor organizers worked on a big reception for the ARU leader upon his release. They rented out Battery D in Chicago, a venue of 6,000 seats. In a subtle bit of goading, they even invited Judge Woods to attend. On November 22, 1895, Eugene V. Debs was released from jail. A throng of supporters rushed from the train depot to pick up their embattled leader and escort him to the reception awaiting in Chicago. The Greencastle Democrat reported that nearly 4,000 attendees crowded into Battery D to hear Debs speak “for about two hours on topics which have become familiar to all labor advocates.” “I have had time for meditation and reflection,” Debs said among his supporters, “and I have no hesitancy in declaring that under the same circumstances I would pursue precisely the same policy. So for as my acts are concerned I have neither apology nor regret.” That night, Debs evolved from regional labor leader into emerging legend in radical politics.

Greencastle Democrat, November 30, 1895. Hoosier State Chronicles.

Eugene V. Debs and Clarence Darrow used the Pullman strike a means for empowering the working man and precipitating their influence in American life. Debs went on to become one of America’s most successful third-party politicians, running for president under the Socialist Party banner five times (1900, 1904, 1908, 1912, 1920). In his final presidential run, he won nearly a million votes while in a jail cell for violating the Sedition Act. He also co-founded one of America’s most influential unions, the International Workers of the World—known colloquially as the “Wobblies.” He died in 1926.

Debs at Atlanta Federal Penitentiary, circa 1920. California Literary Review.

As for Darrow, he became one of America’s celebrated, as well as infamous, lawyers. He set up a law practice (with aspiring poet Edgar Lee Masters) that helped the poor, immigrants, labor activists. In particular, he represented the McNamara brothers in the Llewellyn Iron Works explosion trial and saved Nathan Leopold and Richard Loeb from execution in their 1924 trial for murder. However, the trial he is best remember for is the Scopes “Monkey Trial” of 1925. Darrow defended schoolteacher John T. Scopes, on trial for the teaching of evolution. This led to his legendary court battles with William Jennings Bryan, who led the prosecution. Despite Scopes’ conviction, which was later overturned on a technicality, Darrow’s defense of science, secularism, and freedom of thought still resonates today. Darrow died in 1936, at the age of 80.

Clarence Darrow and William Jennings Bryan during the Scopes Trial, 1925. Chicago Tribune.

Both of these men forged indispensable paths during the nineteenth and early twentieth centuries. The eight-hour work day, child labor laws, and workplace protections; all these rights were defended, and often won, as a result of their efforts. The ARU trials of 1894-95 propelled their lives into the national conversation and supplied them a platform for their crusades. So while Debs didn’t win the battle in the courts, he often won in the war of ideas. As a result, Debs’ fight became Darrow’s. Reflecting in his memoir years later, Darrow wrote:

Eugene V. Debs has always been one of my heroes . . . . There may have lived some time, some where, a kindlier, gentler, more generous man than Eugene V. Debs, but I have never known him. Nor have I ever read or heard of another. Mr. Debs at once became the head of the Socialist party of America. I never followed him politically. I never could believe that man was so constructed as to make Socialism possible; but I watched him and his cause with great interest. He was not only all that I have said, but he was the bravest man I ever knew. He never felt fear. He had the courage of the babe who has no conception of the word or its meaning.

Debs and Darrow used their Midwestern smarts, guff, and gumption to take on the biggest powers of their time, from the railroad barons to the Supreme Court. In doing so, their battles changed each other—and changed America.

“King Debs,” Harper’s Weekly, July 14, 1894. Library of Congress.

An Indiana Banned Book List — World War I Comes to the Library

Banned Books Week is here.  We thought we’d take a look at a few volumes of “insidious poison” the Indiana State Council of Defense asked to be withdrawn from Hoosier library shelves in 1918, during the height of America’s involvement in World War I.  Hoosier State Chronicles neither endorses nor criticizes these books, many of which are hard to find and might even have been destroyed.  Some aren’t as interesting as the lives of their fascinating and controversial authors. But we do support your right to read and discuss them — if you ever happen to find a copy.

We focus on three books. A “behind the scenes” look at some of these titles reveal fascinating back stories.


Lake County Times, February 1, 1918
Lake County Times, February 1, 1918. Hoosier State Chronicles.

State and county defense councils emerged after America’s late entry into the war against Germany in 1917.  Indiana’s defense council was organized on May 19.

When it comes to freedom of speech, these groups had a sketchy record.  Though much of what they did was simply ordinary work to contribute to the war effort — arranging food drives, relief for wounded soldiers, the sale of Liberty Loans, and urging Americans to conserve grain — the councils had a dark underbelly.  The conservation of grain, for example, was an underhand way to enforce contentious “dry” laws, since corn and wheat were used in alcohol production — and alcohol was being labeled “German” and “foreign.”  Under the influence of women’s and church groups, Indiana ushered in statewide Prohibition in 1917, three years before the national ban on booze, and at the same time that insidious rumors about spies and terrorists were lurking in the press.  It’s an overlooked fact that the Prohibition movement was often tied at the hip to nativism, and that “unpatriotic” German beer-lovers were accused of wasting grain to undermine the war effort.

In many states, notably Iowa and Nebraska but also in Indiana, defense councils and local “Liberty Leagues” stood behind bans on the German language, an interdict that in some states forbade the speaking of any language other than English.  In 1919, Indiana made it a criminal offense to teach German to children in elementary schools — largely out of concern that militaristic foreign propaganda and love of the “old country” was being spread by German-language textbooks and pamphlets (which were allegedly being burned in Indianapolis.)  In many American schools, German classes weren’t offered again until the 1920s and the subject never recovered its pre-war popularity.  World War I also virtually exterminated the once-flourishing German-language press in the U.S.


Lake County Times, December 19, 1917
Lake County Times, December 19, 1917. Hoosier State Chronicles.

Much American news coverage drew on allegations from the British press, including illustrations and tabloid journalism.  The British had exploited and exaggerated the very real human suffering of the 1914 “Rape of Belgium” for political ends and to encourage the U.S. to enter on the British side.  Soon Hoosiers were reading about the sadistic sexual perversions of German commanders and soldiers, including accusations that the Kaiser’s “book of instructions” to officers authorized the rape and mutilation of children and the elderly.  Many of these events did occur, though reports weren’t rigorously fact-checked.  Yet American feminist writer Susan Brownmiller argues persuasively against the attempt to redeem German honor by downplaying the amount of rape during the war.


Lake County Times, April 8, 1918 (1)
“An official photograph of the club with which the German armies ‘finish off’ wounded soldiers. 32,000 of them were recently captured by the Italians.” Lake County Times, April 8, 1918. Hoosier State Chronicles. Whether such atrocities were true or not, graphic depictions influenced American public opinion. 

Defense councils typically consisted of ten or fifteen men and one woman, though “Woman’s Sections” were established in many states and counties.  Indiana’s State Council of Defense in Indianapolis was headed by Senator Charles W. Fairbanks, who had been Theodore Roosevelt’s vice-president.  Other male members of the committee included Irish-born former Indianapolis mayor Thomas Taggart (known as a Progressive);  H.R. Kurrie, president of the Monon Railroad;  former IU football coach and U.S. Representative Evans Woolen; and the famous Will Hays, granddaddy of film censorship in America.  Among the officers of the Woman’s Section of the State Council was Anne Studebaker Carlisle of South Bend — daughter of Clement Studebaker of carriage- and auto-manufacturing fame — and Mrs. Samuel L. Ralston, wife of the future governor of Indiana, who also happened to be a Klan favorite in the 1920s.


Time Mag(The much-misunderstood Will H. Hays, from Sullivan, Indiana, served on the State Council of Defense during World War I.  Hays was chairman of the Republican National Committee from 1918 to 1921, then served as U.S. Postmaster General, when he became known for his opposition to sending pornography by mail.  In 1934, he instituted the restrictive Hays Code to regulate the U.S. film industry, but the Hoosier native is also credited with helping the movie business get on its feet and provide truly quality films.  Time Magazine, September 13, 1926.)


The Indiana State Council of Defense was definitely interested in what Hoosiers were reading and took a strong interest in “education.”  In hindsight, its patriotism was part of an undisguised government program to promote optimism and a single view of the war.  In this sense, it was propaganda in the true meaning of the word, which comes from the Latin for “to spread” information — not necessarily the unbiased kind.

The Report of the Woman’s Section, published after the war was over in 1919, demonstrates the interest the Indiana council took in promoting pro-war perspectives and how it went about making sure the government’s view came out on top.  The primary target: pacifists and the “apathetic,” a word typically spelled “slacker” in war-hungry American newspapers like the Lake County Times.


Report of the Indiana Women's Council of Defense


Report of the Indiana Women's Council of Defense 2


Report of the Indiana Women's Council of Defense 3


Report of the Indiana Women's Council of Defense 5

(Excerpts from Report of the Woman’s Section of the Indiana State Council of Defense, Indianapolis, 1919.)


The fiercest opposition to American involvement in World War I hadn’t come from German-Americans or “hyphenated” Americans of any stripe, but from isolationists and Socialists.  Among the most outspoken critics was Indiana native son Eugene V. Debs, who went to prison for protesting the draft, and Wisconsin Senator Robert M. LaFollette.  In the debate over intervention vs. isolation, graphic newspaper illustrations served not only to vilify German militarists — who may have richly deserved such treatment — but also the American labor movement, which criticized the war as a distraction from problems at home.  Socialists and pacifists were labeled enemies and “slackers.”

Thus it comes as no surprise that a number of the books and pamphlets on the 1918 Indiana banned books list weren’t written by German militarists, but by American and British labor activists.


Seymour Daily Republica, Seymour, Indiana, January 30, 1918
Seymour Daily Republican, Seymour, Indiana, January 30, 1918.

One of these books was a pamphlet called Morocco and Armageddon, penned by British pacifist and anti-slavery crusader E.D. Morel.

Anti-slavery?  In 1917?  Morel’s work combating illegal slave trading in the Congo Free State — Belgium’s huge African colony — linked him to British consul Roger Casement.  Their investigations into the atrocities of Belgian King Leopold’s Congo, which shocked the world, figures into the background of Joseph Conrad’s masterpiece Heart of Darkness (1899).  Morel’s investigations into greed and murder were supported by Sir Arthur Conan Doyle and Mark Twain, among many others.  The equally anti-imperialist Roger Casement was later executed by the British during World War I under allegations of being a German spy after he helped spark the 1916 Easter Rising of Irish Republicans in Dublin.  Casement’s fate was virtually sealed when the British government published excerpts from his diary that suggested he was a homosexual.

Labor leader Morel’s opposition to World War I, which he considered a distraction from the atrocities of colonialism — including Belgium’s, some of the worst — earned him a spot on the Indiana banned books list just about a year after Casement’s execution.  Morel was also severely critical of the harsh Treaty of Versailles, which many argue was an extension of the demonization of Germany and paved the way for the Second World War.


E.D. Morel
British pacifist E.D. Morel, hero of the investigations into King Leopold’s “Heart of Darkness” in the Congo, was one of the targets of the Indiana State Council of Defense.

Another major name on the list is the great anthropologist Franz Boas.  Born in Germany, Boas came to the U.S. and Canada in the 1880s to study the Native Americans of the Pacific Northwest and the Arctic North.  His studies of linguistics and culture made him one of the fathers of modern anthropology and folklore studies.  Boas later taught at Columbia University.  Having famously insisted that the origins of racial inequality are social, not biological, he later clashed with Adolf Hitler.  The German-American anthropologist, who died in New York City in 1942, helped many German and Austrian scientists escape from the Nazis.


Franz Boas
Ethnologist Franz Boas, whose anti-war pamphlet was recommended for censorship in Indiana, demonstrates a “Hamatsa’a coming out of a secret room” ritual from Canada’s West Coast, circa 1895. He would have had to jump through other hoops to keep that book on the shelf.

Boas had a different view of World War I though.  His pamphlet “Nationalism and Europe,” printed by the Germanistic Society of Chicago in 1916 — spelled “Germanatic” in the Hammond, Indiana, newspaper — runs to fifteen pages. While he starts with a dispassionate criticism of Slavic nationalism — which threatened to break up the German domination of central Europe and was one of the main causes of the war — Boas rips into American reasons for getting involved, even specifically criticizing American hypocrisy when it came to “making the world safe for democracy.”  After mentioning the sinking of the USS Maine and the famously yellow journalism of William Randolph Hearst that had propelled the U.S. into war against Spain back in 1898, Boas comments:

Boas clip
(From “Nationalism in Europe,” Franz Boas, 1916.)

One of the more disturbing figures to show up on the Indiana list was wrongly identified as “Edward Emerson.”  In fact, this is the controversial and little-known Edwin Emerson, Jr. (1869-1959).  No relation to the American philosopher Ralph Waldo, Edwin Emerson led a strange, complex life, much of it overseas.

Before the Civil War, Emerson’s father had written for Harper’s Magazine and worked with Noah Webster of dictionary fame.  During the war, Emerson, Sr., went to Europe as a secret envoy for Abraham Lincoln, where he tried to prevent England and France from recognizing the Confederacy.  Close to leaders like Otto von Bismarck and William Gladstone, “agent” Emerson was living in Dresden, Germany in 1869, when his son was born there.  Edwin, Jr., seems to have grown up entirely in Germany, but later came to the United States.  He graduated from Harvard in 1891, afterwards writing for the Boston Post and New York Evening Post and Sun as a foreign correspondent.

During the Spanish-American War — the war Franz Boas criticized for being an example of “How Americans Reason” — Emerson served in the Rough Riders with Theodore Roosevelt.  Due to his native fluency in German, however, he posed as a German newspaper correspondent in Puerto Rico.  Actually an American spy, Emerson acquired a critical map and helped spearhead the invasion of the Spanish island.  Colonel Emerson also served as Teddy Roosevelt’s regimental clerk in Cuba.  He then spent some time as a liaison in the Venezuelan army.

After the war, he went to Korea as a war correspondent and was imprisoned by the Japanese during the Russo-Japanese War.  Then in 1906, in the aftermath of the San Francisco earthquake, Emerson got married in San Francisco — in the house of Mrs. Robert Louis Stevenson (an Indianapolis native).  His new bride had actually declined his offer of marriage.  But he didn’t get her telegram. . . so she married him anyway.


Edwin Emerson, Jr.
Edwin Emerson, Jr., circa 1900. He was also hailed as “one of the world’s most noted fencers — in fact, an outstanding swordsman and international fencing authority.”

Emerson was one of just a handful of American journalists to report on the German side of the struggle during World War I, at a time when he wrote for the Chicago Daily News and other major papers.  In “The Destruction of Louvain,” the pro-German reporter downplayed the horrors of the Rape of Belgium.  As early as 1915, the New York Times had run an article on a speech Emerson was said to have given in Berlin.  The German press quoted him as saying that under similar circumstances, American soldiers would have committed the same outrages on civilians as German troops did at Louvain.  Understandably, this view did not win Emerson friends in America.  His pamphlet explaining his purportedly eyewitness perspective on the Belgian atrocities was banned in Indiana.


Destruction of Louvain


Just after the November 1918 armistice, the news correspondent was in Guatemala, where that country’s president accused him of being a German spy.  In the early 1920’s, he also got expelled from Austria and Switzerland as an undesirable alien and subversive.

Unfortunately, Edwin Emerson Jr.’s, politics soon took a turn for the worse.  By the early 1930’s, this friend of Germany had become one of the most outspoken advocates of Nazism.  In 1933 and 1934, on East 92nd Street in New York City, he helped found the Society of American Friends of Germany.  This group quickly merged with the Chicago-born Friends of the New Germany (Bund der Freunden des Neuen Deutschland), an organization of American Nazis also known as FONG.  The Friends later became the German American Bund, founded in Buffalo, which under police guard paraded through the streets of New York in 1937.  A pro-Aryan organization, forty percent of their membership was allegedly Irish.

The Dresden-born newspaperman, who now edited the first pro-Nazi newspaper in America — Amerikas Deutsches Post — met with the German Führer himself in February 1934.  The monthly paper had an English-language supplement, American Observer.  The German American Bund also published a bilingual weekly, Deutscher Weckruf und Beobachter (Wake-Up Call and Observer.)  In 1937, that paper became a youth magazine, but stopped publishing after Pearl Harbor.


Wisconsin Jewish Chronicle (Milwaukee, WI), September 22, 1933
(Wisconsin Jewish Chronicle, Milwaukee, Wis., September 22, 1933.) Emerson was placed on a list of suspected Nazi spies submitted to Congress in 1937 by Samuel Dickstein, a Jewish Congressman from New York. In 2000, Allen Weinstein, Archivist of the United States, uncovered Soviet documents suggesting that Dickstein himself may have been a spy for the NKVD, Stalin’s secret police.

The homegrown National Socialist groups that Emerson supported held multiple rallies at Madison Square Garden, events estimated to have drawn crowds of up to 50,000.  Just like during the First World War, individuals who opposed entry into the Second had complicated reasons that often strayed far from mere pacifism.  The controversial and probably anti-Semitic Charles Lindbergh, “fallen hero,” was among them.  Whether he deserved it or not, Lindbergh’s career was destroyed.

An author of books on Theodore Roosevelt, Herbert Hoover, Halley’s Comet and the Gutenberg Bible, Edwin Emerson, Jr., died in 1959 in San Francisco, California.  He was buried at Golden Gate National Cemetery — under a Rough Rider’s tombstone.