The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-09-06
The RULE SHOULD
WORK BOTH WAYS.
Memphis CommerciakAppeal.
x*eexse

An interesting decision comes from
Montgomery Ala.
According to the Montgomery Adver-
t1ser Frank Young of the Louisville and
Nashville railroad declined to give en-
ployment to E. A. Nesmith, unless the
latter would sign an agreement not to
become member of the Order of Rail-
way Telegraphers. Mr.. Young was ar
rested by United States authorities,
charged with violating that section of
the interstate commerce act which seeks
to forbid the making of any conditions
as necessary to the employment Of any
one by common carriers.
Commissioner Jno. A. Gilmore prompt
ly released the defendant, holding, in an
able and exhaustive opinion, that the law
under which the arrest was made is in
violation Of the constitutional prerogative
providing that mo person shall be de-
prived Of life, liberty or property without
due process Of law" Mr.. Commissioner
Gilmore held the contract rights Of
railroad to be property" within the
meaning Of this constitutional provision,
and therefore Mr.. Young was well with
In his rights when he fixed a condition
to the employment Of Nesmith.
Present day law is often too refined
to meet with the popular idea Of jus
tice, but we are inclined to think that
the sample given by Commissioner FL
more is not of this order. We have no
desire to take any part in any fight that
may be in progress between any order
whatever and the railroads, and we GER
tainly do not intend to injure any cause
the telegraph operators have on hand.
IN Of ha
commissioners decision can be twisted
into any such effort. On the contrary.
the cause of all unions is advanced
through a just Interpretation Of the law
and frank moments in approval Of the
same.
The peonage act prevents an employer
from holding in service any man who
would leave that service. Certainly the
sauce for the goose ought to be sauce
for the gander. The rule should work
both ways. If an employe need not work
for a railroad unless he wishes to the
railroad ought not to be forced to employ
him unless it sees fit.
or course this has nothing to do with
the civil rights and remedies under the
terms Of an actual contract, but applies
to the right and Justice Of falling a
man merely because he leaves a service
or, on the other hand, because he de-
clines to employ an individual. We can
see no justice in either case, as no crime
Is committed, and an arrest presumes the
commission Of crime before 1t can justify
itself.
The opposite of this case was attempt
ed during the Chicago strike by federal
court machinery in Arkansas. Several
union men quit work rather than handle
certain cars loaded with union prescribed
freights. They were arrested. charged
with impeding interstate commerce. They
were released under the peonage statue.
They had right to quit work.
We took occasion to condemn the ar
rest and applaud the acquittal. Now the
employer is arrested because he doesn't
wish to hire particular individual. The
same rule should hold. The arrest is to
be condemned, the acquittal approved.
The fact Is, this resort to criminal
proceedings in the disputes between cap
ital and labor unions Is not calculated
to benefit either. Capital has made itself
odious because of the arrests Of union
men under the iniquitous injunction pro-
ceedings. Uunionism ought to avoid this
error, for in the end this great battle is
going to be won, not by twiting pres
ent laws in law courts, but through the
sympathy of the people.