The Montgomery advertiser., 1906-11-07
United States District Court, western us
 trict of Kentucky. UNITED STATES o,,N,oN
 vS VT AA'~' .. M SCOTT.
OPINION.

U. M. BULL
 Congress passed an act concerning carriers 2 engaged in interstate nrae commerce fune ah isss. (3O stats, 424-S) By it's first section tne Act was made to apply to common ansers earr, engaged in the transportation Of passenssrs :, or property wholly by railroad or partly py raiload and partly by river Tor cohtlIiuou W carriage or shipment from one state to this Ins other Section 10 of the Act IS Tn th's language: - .,,isct to the pro- visions of this act ana H any osI,oes who snail re- qure any employe or any person en1aus se1Hs employment as condition or such emp.SS. ptS ment to enter into an agreement eLneI written or verbal not to become or remain q member of any labor corporation associa- tion or organization; or oyent snar snearh or shail unjustiy discriminate against any ethp,rss hos because of his membership in, such iaoor who shall require any employe or any per, '. son seeking employment, as conditioh oi such employment. to enter into cohtrac' whereby such employe or applicant Tor en- ployment, shall agree to contribute to any fund for charitable. social or oeneficiai pol poses. to release such employer rom TO- ,esa, son of any benefit received from such Innu pc yond the proportion of the benefit arising fund; or, who shall. after having discharg- ed an employe. attempt or conspire to pre- vent such employe from obtaining empios : ment or who shall. after the quitting CT an employe. attempt or conspire to prevent such employe from obtaining employment Is hereby to be sat pe i'm ay court of the United States or competent Jurisdiction in the district in which sucn offense was committed. shall be punished for such offense by fine of not less than one hundred dollars and not more than one thousand dollars"
 The indictment in this case contains six counts but 1t will suffice to say that in substance each of them charges, in appro- priate language. that the Louisville & Nash Dot common car rier engaged in the transportation by raiI- road of passengers and property oy con other: that the accused J. M. Scott Is and was its agent and Chief Train Dispatcher and as such had supervision ana 'consrot or Q. telegraph operators. Including those men tioned in the indictment. who were. as such in the employment of the said railroad company and that the accused did threat en them and each of them with the loss of their said employment if they joined a certain labor association known as the Order of Railroad Photographers. which or der a corporation organized under the and purposes of which not otherwise
 The defendants had demutred to the in- dictment upon the ground that the pro visions of Section 10 of the Act are not such as Congress is authorized by the Con- Stitution of the United states to enact, and thus Is raised a question of great delicacy. hs well as interest and importance and one which therefore has called ale for very delib- s crate consideration lHe supJect Hds been carefully investigated by the court, and its conclusions are now to be stated,
 It is conceded that there are no clauses of the Federal Constitution which can sup port tho 10th section of the Act. unless it De those found in Article 1, Section of that instrument. It Is there provided that: .'The Congress shall have power among other things ito regulate Commerce with foreign nations. and among the sev- eral states and with the Indian tribes" s@" and ito make all laws which shall pc necessary and proper for carrying into execution the foregoing powers"
 The interpretation of the last of these clauses is governed by the rule laid down by the Supreme Court in Mo Cdlloch vs. Maryland. Wheaton f21 which since ites nouncement in 1919 has been accepted by that court (and of by all other eourts) as perfectly accurate Speaking