Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-03
MAY PROSECUTE ROAD
Instructions to District Attor-
ney at Covington, Ky.
TOLD TO ASCERTAIN FACTS
Alleged Threats Against Men IN
Labor Union.
FORBIDDEN BY THE LAW
Discrimination and Blacklisting May
Be Punished by Fine Of
$1,000

Charles W. Russell, acting attorney gen.
| eral OF the Department OF Justice. has IS
| sued important Instructions TO District At
torney Tinsley at Covington. Ky.
The United States attorney is informed
that he is to make an Immediate investi-
cation of charges that the Louisville and
Nashville railroad has violated the laws Of
the United States in the matter of threaten
ing employees with discharge because OF
their membership in labor unions. District
Attorney Tinsley is directed that IN the
event he finds that the charges are borne
out by the facts to bring the whole matter
before federal grand jury and ask for an
indictment
Mr.. Russell recently received a visit from
II. b. Perham president of the order OF
railway telegraphers, who declared that
some time ago the secretary of the organi-
cation had laid before District Attorney
Tinsey affidavits showing that the Louis
Vile and Nashville road had violated the
law in threatening with dismissal members
OF the telegraphers' union because they
were members OF the union. Mr.. Perham
reported that nothing had been done with
the facts given to the United States at
torney. Mr.. Russell proceeded to investi-
gate and found that Mr.. Tinsley had COM
muncated with the interstate commerce
commission, which decided that II had no
Jurisdiction over the affair.
Instructions to Tinsley.
Mr.. Russell promptly wrote to Mr. Tins
ley calling his attention to the law and
directing investigation. At the same
time he informed President Perham that il
was the duty OF prosecuting officials of the
government TO handle these cases without
special instructions and that in the event
any prosecuting official failed 10 do this
when his attention was called the Depart
ment of Justice would be glad TO receive
q report of the facts.
June l. 1895, Congress passed an act for
the adjustment of disputes between common
carriers doing interstate business and their
employees. 1t arranged q method by which
all disputes concerning wages, hours of
labor and conditions of employment could
be submitted TO mediation, conciliation or
arbitration. The tenth section of the law.
however, deals with the possible pressure
OF the railroad officials upon employees by
ship. 1t is as follows, and its provisions
have apparently escaped attention from la
Dor leaders and United States attorneys
for number of years:
The Law in the Case.
Sec To- That any employer subject to
the provisions of this act and any officer.
agent or receiver of such employer who
shall require any employe, any person
seeking employment as a condition of such
employment. to enter into an agreement,
either written or verbal, not to become or
ItEndlu d HeDlDeT Oh any ldDOT pOfdliohs
association or organization, or shall
threaten any employe with loss of employ
u.ent, or shall unJustly discriminate against
any employe because of his membership IN
such a labor corporation, association or or
ganization: who shall require any en-
ploye or any person seeking employment as
a condition of such employment to enter
into contract whereby such empioye or
applicant for employment shall agree TO
contribute to any fund for charitable, social
or beneficial purposes to release such en-
ployer from legal liability for any personal
injury by reason of any benefit received
from such fund beyond the proportion OF
the benefit arising from the employers con-
tribution TO such fund: who SHALL after
having discharged an employe. attempt or
conspire TO prevent such employe from OBJ
tanning employment, or who shall. after the
quitting OF an employe, attempt or conspire
to prevent such employe from obtaining en-
ployment is hereby declared to be guilty
of a misdemeanor, and, upon conviction
thereof I'm any court of the United States
of competent Jurisdiction in the district in
which such offense was committed. shall be
punished for each offense by a fine of not
less than S1o0 and not more than $1,000"
II is claimed by the officials of the rail-
way telegraphers that the law has been vio-
lated in a number of instances in the last
year or so by railroads. and that number
OF prosecutions will probably follow.
No special instructions will be issued to
United States attorneys, but they will be ex-
pected TO present the facts handed them to
grand iuries If they believe that these facts
are sufficient to justify indictments.