The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-17
RAILWAY BLACKLISTING
BRIEF HISTORY OF THE CASE LATE
LY DECIDED At CHICAGO.
Conspiracy Against the Liberty of
Man to Find Work Where He
PIeases Held to he Unlawful.
Raw s. Baker. in the outlook.

Ray S. Baker, in the Outlook.
A decision of more than ordinary impor-
lance affecting the relation of railroad cor
porations and their employees was rendered
at Chicago on Nov 49, Fred r. Ketcham,
who had been a freight conductor of tried
worth previous to the American Railway
Union strike of 1894, sued the Northwestern
Railroad for $4,000 damages, alleging that
he had been blacklisted and prevented from
obtaining work on any of the railroads CEN
tering in Chicago.
For many years the blacklist system, as
it is understood by the men. has been a
fruitful source of discord between the rail-
road companies and their employees. 1t has
been bitterly attacked by the labor organ
izations, and it has come up, directly or
indirectly in numerous suits at law, but
i'm the past the corporations always have
found shelter behind the simple declaration
that blacklisting did not exist; and mas
much as the proceedings of the General
Managers Association were always secret,
nothing could be proved. The men declared
that wages could be reduced with impun-
ity. hours heightened, organization pre-
vented and their rights curtailed in other
WAYS. and that they dared not rebel nor
strike for fear that they would be refused
the clearance" necessary for them to Sc
cure work elsewhere. 1t was shown in the
Ketcham case that hundreds of employees
who left the service during the American
Railway Union strike are now being pun
ished under the blacklist system. The COM
pany for which Ketcham himself worked
would not accept his services after the
strike was declared off, and when he APP
piled to other railroads he found that they
were all barred against him until he should
receive the written permission, known as
a clearance" from the Northwestern Rail-
road. This he was unable to procure, ana,
having been railroad man for many years,
he found it difficult to make living III
other work for himself and his family.
In Illinois there is no statute against
blackisting. Consequently Attorney Will
liam j. Strong, who represented ketcham,
was compelled to base his suit upon the
principles of the old common law. After
trial lasting more than two weeks, ana the
examination of scores of witnesses, ne sue
ceeded in convincing the jury that Il con-
spiracy actually existed among the general
managers of the Chicago railroads which
effectually prevented Ketcham from obtain
ing work without the consent of the North
western Railroad. He was opposed by the
full counsel of the defendant corporation,
and the attorneys of other roads were
present and watched the case with close
attention. After less than three hours de-
liberation the jury returned a verdict IN
66633 damages nearly $4,000 of which was
smart money.
If the important precedent thus estab-
lshed is sustained in the higher courts, to
which the case certainly will be appealed,
hundreds of former railroad men will be-
gin suits, and there is no telling where the
struggle may end. Already more than fifty
damage suits similar to Ketchams are be-
fore the courts.
THE PLAINTIFFS CONTENTION.
The main contention of Ketchams attor-
ney was that the various railroads having
terminals in Chicago had formed combi-
nation under the name of the General Man
ayers Association, and that they had
agreed that no railroad should accept the
services of any employee until he could fur
nish evidence of a clean record from the
company with which he last had service.
This was construed as a conspiracy against
the liberty of the employee to find work
where he chose without hindrance from his
former employer, and most of the evidence
of the plaintiff went to prove the existence
of such a conspiracy.
reDort of a meeting of the General
Managers Association held May IL, 1893.
was produced. The matter of establishing
an employment bureau under the auspices
of the association had been discussed, and
the committee having it in charge reported
that it would be of advantage, among other
things, Sin assisting the roads TO guard
against the employment of a man who has
heen proved unworthy on some other road"
Ketcham's attorney asserted that TINS
showed collision between the roads In the
matter of employment.
A letter written by H. w: Ballou. train
master of the Wabash Railroad, to A. l..
HentOn, q brakeman, who had gone out
during the strike of 1894 was introduced
in evidence. 1t read as follows: referring
to attached. if you have not been concerned
in recent strike and can bring clearance
to that effect, showing where you were
working June 30 and since, can give you
job of braking.' Henton was acknowledged
in testimony to be a faithful workman, but,
owing to his inability to secure a clear
ance from the railroad for which he had
worked before the strike: the Wabash road
would not give him employment.
Ketcham's story of the operation of the
blacklist as told before the court, was in
substance as follows: ,
Northwestern Railroad Company for
period of twelve years, earning an average
wage of 500 a month. Since June ~, 1884;
when he went out on the strike, he had
earned only 81 100 in different employments.
The last position he obtained was in the
Michigan Central elevator at kensington.
He was discharged from that position two
weeks before his suit was begun. The rea-
son of the discharge was given as slack
business but he had watched the elevator
every day since and it was running just the
same as when he was working in it. About
July or A. 1894, after the strike began, he
was standing in front of his home in Cali
fornia avenue, when J. G. Stewart, division
superintendent of the Northwestern Rail
road Company came to him and asked him
to take out a train. Stewart told him he
could have any two brakemen he wanted.
He replied that he did not feel like taking
the risk in such troublouS times, and re-
fused to do so. whereupon Stewart told him
that if he did not take out the train he
would have him arrested and enJoined, ana
he said II feel sorry for your family, and
you will find it hard work to get employ
ment from any other road II you don't DO
it, After Stewart made this threat ket-
cham still refused to go. and, having heard
that there was a blacklist, he determined to
test it, So. on July 20. before IT strike was
over he applied to the Chicago Great West
ern Railroad for a position. Trainmaster j.
B. Strong hired him, and he took freight
train from Chicago to Dubuque and back.
When he was hired, Strong asked him what
that he had worked for the Northwestern
some time ago. Strong asked him If he was
one of the Northwestern rioters, and he
said No He arrived home from Dubuque
at O'Clock in the morning. and at he
was arrested by United States marshal,
and kept away until Aug. 8. the day on
which the strike was declared or. he was
required to give $1,000 bond, and the case
was dismissed without any evidence having
been offered against him. When he went
back to report for duty with the Chicago
Great Western road on Aug. D, TWO other
conductors were with him. TrdlnmaSter
Strong said to him. you are just the man
| have been waiting to see. You deceived
me when / hired you. and have no further
use for YOU" Ketcham then asked him
what his reasons were for discharging him.
strong answered You have lied TO me- and
/ cannot put you to work unless you bring
= clearance from the Northwestern Rail
road" Ketcham then said. What is this?
am / blacklisted?" Strong replied, you can
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