The Montgomery advertiser., 1906-09-05

.--~s " t~A4 tAN t61c VI LuS QhttS4 Sh"s~-- vs. Frank Young The latter. 1t will be remembered is Chief of Telegra- phers of the Louisville and Nashville Railroad Company in Montgomery. and was arrested by officers of the Order or Hallway Photographers, charged with violation of the Erdman act. passed by Congress. and approved June l, 1898.
 | Since the publication of Commis- sioner Elmore's decision, there have | been so many demands for the issue, that The Advertiser has sold the en- ! tire edition. Applications for many additional copies having been received, The Advertiser again prints the de- | cision. which follows:
 United States vs. Frank Young. | Before United States Commissioners Court for Middle District of Alabama. John A. Elmore, Commissioner
 The defendant herein is charged with having violated Section 10 Of an act concerning common carriers en- gagged in interstate commerce, and their employees. Approved June l. 1898. which Is in the following words | to wit:
 Section 10. (Prohibition of unjust | requirements as conditions to employ- | ment-attempts to prevent employ | ment. )-That any employer subject to l the provisions of this act and any of- | hcer. agent, or receiver of such em- ployer who shall require any employe or any person seeking employment. as condition of such employment, to en- ter into an agreement, either written or verbal, not to become or remain | member of any labor corporation, as- sociation. or organizations; or shall | threaten any empioye with loss of en- ployment, or shall unjustly discrimi- nate against any employe because or his membership in such labor corpo- l ration, association, or organization; or who shall require any employe or any person seeking employment. as con- dition of such employment to enter in | to a contract whereby such employe or applicant for employment shall | agree to contribute to any fund for charitable. social, or beneficial pur- poses; to release such employer 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 contribution to such fund; or who shall, after having discharged an em- pfoye, attempt or conspire to prevent | such c. oloye from obtaining employ ment, or who shall. after the quitting of an empioye. attempt or conspire, to | prevent such employe from obtaining employment Is hereby declared to be guilty of a misdemeanor. and, upon | conviction thereof in any court of the | United States of competent jurisdic- ton in the district in which such of- | fense was committed shall be pun | ished for each offense by fine of not | less than one hundred dollars and not more than one thousand dollars" In this: Ttint the said Frank Young, agent as aforesaid of said Lou ] isville and Nashville Railroad Com pany. on the 2sth day of May. 1907. in the County of Montgomery. in the Middle District of Alabama, did re- quire one B. A. Nesmith. a telegraph operator, who was seeking employ ment as a railroad telegrapher, whose duty is the handling of train orders by wire, and who is a person employed and actually engaged in train opera ton, or train service, over said Louis- vile and Nashville Railroad Company, as condition of the employment of the said B. A. Nesmith, by the said Louis- vile and Nashville Railroad Company, to enter into a written agreement not to become a member of the Order of Railway TeIegraphers, a labor corpo- ration, contrary to the form Of the statute in such case made and provid- ed in violation of Section 10 of the Ar bitration Act o' June 10. 1898. and against the peace and dignity of the United States.
 Defendant has demurred to the aff- | davit upon which this prosecution IS | based, and has assigned numerous grounds therefor However, that to | which the attention of this Court IS specifically invited Is the one which raises the constitutionality of said act. The commissioner, after hearing able i arguments by learned counsel both for the United States and defendant and after a careful consideration of the authorities cited in arguments and briefs, Is of the opinion that decis- | ion upon this demurrer controls the | whole, and therefore VIII take up | that question.
 In rendering a decision hereon am | mindful of the changes which trans | pire in governments. and of the many changes which have transpired in ours
 of the important part that capital ana labor have come to possess ana una many conditions exist now which dlo not at the time of the ratification or the Constitution of the United Staes. am mindful, too, that 1t Is the duty of courts in construing the Constitu-
 ton and laws, to approach with care and prudence before declaring volo the acts of the greatest legislative hodv in the world, which have had the | light of reason and argument thrown around them, in addition to having been hnally approved by wise Exec-
 utiye. However, 1t Is also the duty of
 courts to construe the law as they see 1t, unbiased and unprejudiced.
 The fifth amendment 10 the Consti- tuition of the United States provides:
 No person shall be deprived Of hIe' liberty or property, without due pro cess of law" Section $, subdivision 8 of the Constitution. provides that
 'rhe Congress shall have power to
 regulate con merce with foreign na- ttons and among the several States. and with the Indian tribes"
 This certainly gives the Congress
 power to regulate commerce
 among the several States; but does II
 give Congress the power to prescribe
 the character of contracts between
 common carriers and employees? The
 fifth amendment to the Consultation,
 we have seen, guarantees that NO
 person shall be deprived of life. Hb-
 erty or property, without due process
 of law" Does the right to contract by
 a common carrier with an employee
 come within the scope of this amend
 ment? These terms Life, liberty and
 property are representative terms,
 and govern every right to which a
 member of the body polite is entitled
 under theI law, Within their compre-
 hensive scope are embraced the right
 of self-defense. freedom of speech. re-
 liRious and political freedom, exemp-
 tion from arbitrary arrest, the right to
 buy and sell as others may-all our
 liberties, personal, civil and political
 in short, all that makes life worth liv-
 ing; and of none of these liabilities
 can any one be deprived except by
 due process of law.-(2 Storey Con.
 Linn. Ed. Sec. 1850.