The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-14
GUILTY OF CONTEMPT.
One of Debs' Deputies Gets Six
Months in Jail.

months IN jail.
| CINCINNATI. July 13.-Judge Taft of the
United States Circuit Court delivered his
decision to-day in the case OF F. w. Phe-
Ian. charged with contempt of this court
in impeding and obstructing the receiver
of the Cincinnati Southern road, appointed
| by this court in the management and Oper-
| alton OF his road by directing and inciting
the employees to leave his employ, and by
| interfering with the business of other
roads with which the Southern road has
business. The courtroom was crowded
| and large numbers were in the corridors.
Many Deputy Marshals were in and about
the courtroom. but their presence was not
needed as the utmost decOrum was OBJ
served.
| The Judge reviewed at great length the
testimony, which he declared showed un-
mistakably that Phelan came here as the
| agent and co-worker with Debs tn institute
and direct boycott in order to compel the
Pullman Car Company 10 treat with it's
employees, who it appears are not eligible
to membership in the A. R. U.
Phelan's denial of personal agency had
no weight with the court owing to the eva
| sive and fippant nature of his testimony
and in the face of kilograms passing be-
tween him and Debs as we'll as his public
utterances. He knew the Cincinnati
Southern road was in the hands of re-
ceiver, and yet his first efforts were di-
| rected against it..
The court found that he was the active
agent here of an unlawful conspiracy with
Debs and others to paraIyze the business
| of the United States, or in other words, to
starve the nation in order to force en-
! ployers into terms. Applying the law TO
| the facts, the court held that to undertake
to force breach Of contract, was an unlaw-
ful conspi racy. Moreover the whole plan
was boycott, which mas been declared by
| all the States except Minnesota to be un-
! lawful. The court plainly recognized the
right of laboTers to unite and even to COM
bine their unions and appoint leaders for
the purpose OF obtaining better price for
their labor. They were warranted in
striking, that is, leaving their employers in
body to better their own interests. but
there was o warrant in law for boycott.
The employees of the receiver had the
right to join labor union which should
take action as TO their terms of employ
ment 1t is beneficial to them and the pub
! lie that labOrers shOald unite in tn cir COM
mon interest anG for lawful purposes But
| this combination was unlawful. 1t was a
boycott. The employees of the railway
companies had no grievances against their
EN- plOyers. Handling and hauling Pull
man cars did not render their services any
mere burdensome. They had no complaint
against the use of Pullman ears. They
came into no natural relations with Pull
man in handling the cars. He paid them
no wages. He did not regulate their
hours. or in any way determine
their service. The distinction between
an ordinary lawful and peaceable
strike. entered upon to obtain concessions
in the terms of the strikers employment,
and boycott is not fanciful one, or one
which needs the power of 6ne distinction
TO determine which is which. Every labor
ing man recognizes the one or the other as
quickly as the lawyer or the judge. 1t was
so termed by Debs, Phelan and all en-
gagged in it. BoycOtts, though unaccom-
panied by rioting or intimidation, have
been pronounced unlawful in every State
in the Union where the question has arisen,
unless it be in Minnesota. and they are
held to be unlawful in England.
The Judge having fnuTd Phelan guilty