The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-07-14
rHELAN GETS SIX MONTHS.
Judge Taft's Severe Criticism of
Strikers Conduct.

Strikers Conduct.
Cincinnati, July 13.-Judge Taft, of
the United States circuit court, deliver
ed his decision today in the case of
f. w. Phelan, charged with contempt of
court in impeding and obstructing the
receivers of the Cincinnati Southern
road, appointed by this court in the
management and operation of his road,
but directing and melting the en-
ployees to leave his employ, and by
Interfering with the business of other
roads with which the Southern road
has business. The court room was
crowded and large numbers were in
the corridors.
Many deputy marshals were in and
about the court room, but their pres
ence was not needed, as the utmost de-
corum was observed. The judge re-
viewed a great length the testimony.
which he declared showed unmistaka-
bly, that Phelan came here as the agent
and cowOrker with Debs to institute
and direct a boycott, in order to COM
pei the Pullman Car company to treat
with its employees, who, it appears,
are not eligible TO membership in the
American Railway union.
Phelans denial of personal agency
had no weight with the court, owing
| his testimony and in the face OF tele-
grams passing between him and Debs
as well as his public utterances. He
knew the Cincinnati Southern road was
in the hands of a receiver. and yet his
first efforts Were directed against it.
The court found that he was the ac
| tive agent here of an unlawful con-
spiracy with Debs and others to para
Lyle the business of the United States,
or in other words to staTve the nation
in order to force employers into terms.
Applying the law to the facts, the court
held that TO undertake to force 4 break
Of contra cts was an unlawful con-
spiracy. Moreover, the whole plan was
a boycott. which has been declared by
all the states except Minnesota to be
unlawful. The court plEnly recognized
the right of laborers to unite and even
to combine their unions and appoint
leaders for the purpose of obtaining a
better price for their labor. They were
warranted in striking, that is, leaving
their employers in a body to better
their own interests, but there was no
warrant in law for a boycott.
The judge having found Phelan guilty
as charged. said in reference to the
sentence that it was the duty of the
court to enforce obedience to its orders.
To do otherwise would be to court
anarchy. The penalty for contempt,
aggravated IS this was by a renewal
of the contempt after warning, should
be sufficient to enforce compliance with
The orders of the court.
The sentence was confinement for
six months in the Warren county Jail
at Lebanon, Ohio. and the marshal was
directed 10 Immediately execute the
order of the court
The employees of the receiver had
the right 10 join a labor union which
should take action as Ia their terms of
employment It is beneficial to them
unite in their common interest and for
la wful purposes. But this combination
was unlawful II was a boycott. The
employees of the railway companies had
no grievances against their employers.
Handling and hauling Pullman cars
did not render their service any more
burGensome They had no complaint
against the use of Pullman cars as
cars. They came into no natural rei2
tons with Pullman 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 peace
able strike entered upon To obtain con-
cessions in the terms Of the strikers
employment and a boycott is not fanci-
full one or one which needs the power
of fine distinction to determine which
is which. Every laboring man recog-
nizes the one or the other as quickly
as the lawyer or the judge. 1t was so
termed by Dehs, Phelan and all en-
gagged in it. Boyc0tts, though unac
comnanied by rioting or Intimidation,
have been pronounced unlawful in
every state of the union, where the
question has arisen. unless it be in Min
nesota and they are held to be unlaw
ful in England.
Phelan was taken to Lebanon by two
United States marShals.