The sun., 1893-03-20
Ay ENTIRELY NEw QUESTION.
Justice Brown or tho supreme Court Talks
Unonicially-OtherO Opinions on the Matter.

Justice brown OF tho Supreme Court Talks
-", TnonicialIy-O,her Opinions on the Matter.
WASHINGTON March 19.-The arbitrary nc
tlon OF United States Judge Taft. ut Toledo.
in requiring Chief Arthur OF the Brotherhood
FIX Of Locomotive Engineers to announce sus-
pension Of his order to members OF the
~ -. Brotherhood requiring them to refuse to
handle cars OF boycotted roads. has aroused
= much interest in Washington. Coupled with
.',4 tho supplemental action OF Judge Kicks. in
. taking into custody as violntors o: tho law
b tho engineers and other employees who.
i. rather than handle the cars OF the
90 Toledo and Ann Arbor road. gave up
- .g their employment. it is regarded as ndicat-
.,sa, ling the opening OF n contest between tho
80" courts and tho labor organizations which may
ofhccome the most i'm portant in tho history of
railroad traffic. and on tho outcome of which
may depend tho lie of tho Brotherhood. and
eventually tho Knights OF Labor and similar
~ organizations. The action Of the two Judges.
moreover is SO unprecedented that 1t is very
difficult to obtain valuable opinions MS to Its
AsH'' legality constitutonality.
w. v, THE Sun correspondent talked to-day with
: - large number Of Judges. public officials, and
lawyers. and tho consensus Of their opinions
is TINT tho orders Of Judges Taft and Kicks
Z s raiso loyal point that has never yet been do
,s:e cidod by the courts. In fact not one OF the
eminent men whose opinions wero sought
was able to say that court reports contain
any precedents upon which render de-
- cison to tho propriety or legality OF tho
summary action of Judges Taft and Kicks.
ms: Several members OF tho Unitod States Su-
d.. preme Court refused. politely but firmly. t.
s't' talk about tho case at ALL for tho very good
q reason that the question is certain to como be-
si.Ss fore them eventually on appeal. and that
& therefore. it would be manifestly improper for
sf: them to say in advance what tho powers OF the
sad;t Circuit and District courts in tho premises
Mr Justice Brown did. however. feel himself
free to say that. in his unofficial and unjudi-
cial opinion. he does not think there exists any
, precedent by which the legality OF the action
- OF Judges Taft and Kicks could be ascertained
frs' Justice Browns private opinion Is that tho
l5. point raised is an entirely new one. He said
e" that Toledo Is in the United States circuit
az over which no prosdes he will probably be
* cal.ed upon 10 sit in the hearing OF the case.
- Justice Brown recalled II case recently de-
'.tr el,.ed by the Suprome Court. in which the
a striking miners in Idaho were enioined by tho
court from interfering with the non union
workmcn. In spite oi tho injunction the riot
ers prevented the men from working, and
suBlSms Court tS wn" ;ns case zane
dencs to show, that they were aware that an
a no %uois as this SHen as an
that at Toledo but 1t was tho only one in that
- line which no remembers to have been decided
q? Interstate Commerce Commissioner Glenn
sss s scon n'ot o. tho courts @ at Toledo
entirely new question. and most Interesting
i~t0s one. Judge Clement regards the action OF
Judge Kicks in placing men in custody Tor
80 throwing M their situations as remarkable.
=. /, there II no precedent for the summary action
z, : ofeither Of the jgdges. Judge Clements how
ever. says that tho Judges may have been per-
@ fsctly right. and that the question is one over
which tho Interstate Commerce Comm isslon
& has no control as that board takes Jurisdiction
only of questions o; Determinations OF one
road against another. or oi 4 road against -
certain person class OF persons Judge
Clements does not think there is any proyi-
N nr-St which
the Toledo JAdaes could have acted;
There Is man 1T least IN Washington
who discusses tho matter with great intelli-
gence. and who admits that thore are plainly
two sides to tho question. This man is Ed
..'r ward A. .Moser. Secretary OF tho Inter Stat o
Commerce Commission. IA expert In tho his.
''' tory and workings of railroad strikes. and
w:'p.- opinion on any question affecting the
rsia.itns betwssn railroads and their EN-
HfS Eisi1 taat nc vas 9ot yet well posted on the
-G hut that ~ Is inciined to think that Judges
- TAFT and Kicks found their authority for tho
action takeu yesterday in tho Anti-Trust law
pasSsi by ihn tiili-Erst Congress- This
law is entitled AN act to prevent
eep pb;pst;ons Tor tue restraint Of trade"
fts provisions tbs United States courts may
~ hsve fopnd authority TO begin n war upon the
ss.-.. Brotherhood. Officially. Secretary Mosely has
''f'' Al sohmersk Co.'S warsroons IsD East lsth
eau row q seen piece OF art n the plane indus
MOI sssy sxcensd in Sssniy Of design and ns ar
va. dstic taste. The tone worthy Of the beautiful sxts-