The Washington herald., 1907-04-29


cerned railway labor. namely, the Broth
erhcod Of Locomotive Engineers. and the
American Railway Union. The former Of
these organizations has never affiliated
with the American Federation Of Labor.
It's policy OF exclusiveness, which was
fostered by Chief P. NJ. Arthur. has been
continued to the present day. The inn
pOrtance of the American Railway Union
was brief. Like Jonah's gourd, It had its
growth almost in night, and its creator
and master spirit was Eugene Y. Debs.
In June. 1854 it had $50 lodges and $4,000
members. After the failure Of the great
strike, which he inaugurated. It soon
ceazed TO be a factor IN the railway labor
world. But the old Knights Of Labor
motto: THE injury Of one is the concern
Of all" continues as an abiding sentiment
with the members OF trade unions. and,
therefore, the American Federation OF
Labor has always sympathized with any
form Of labor which has been made 10
feel the force of government by intune-
ton. It is this bond Of sympathy between
organized toilers which causes the A. F.
Of L. unions to have such a strong inter
est in the fate Of the Western Federation
OF Miners officials who are soon 10 be
tried on the charge Of murder in Idaho,
Notwithstanding that that intermountain
labor organization has always been an
tagOnistic 20 the great organization pre-
sided over BY Mr.. Gompers
Chief Arthur Restrained.
The first Taft injunction in which labor
has an interest was restraining order
against P. NJ. Arthur. chief Of the
Brotherhood Of Locomotive Engineers.
1t was an injunction against violation
Of the interstate commerce law. The COM
piainant was the Toledo. Ann ATbor and
North Michigan Railway Company. The
original bill was filed against eight rail-
way companies. and the superintendent
Of two Of them. Il aveFred that the de-
PENDANTS. who were operating lines Cf
railway connecting with that Of the COM
plainant at Toledo, had threatened 10
refuse TO receive freight on the ground
that their locomotive engineers, who were
members OF the Brotherhood. would re-
fuse to haul OF handle the same, because
complainant employed on its line en-
glneeTs who were not members of the
Brotherhood The bill further averred
that II the threat was carried cut IL
would work an irrepaTabie injury 10 the
complainant, for which damages could
not be estimated, and the law afforded
no adequate remedy. The prayer OF the
bin was for ar order enjoining the de-
PENDANT companies. their employees and
servants, from refusing 10 receive and
deliver the compliments interstate
freight. The temporary order was issued
by Judge Kicks.
Later an amendment TO the bin was
filed, making two new defendants, p. n.
Arthur and F. p Sargent Mr.. Sargent
who is now Commissioner General Of I'M
migration. was then chief OF the Brother
hood Of Locomotive Firemen, the only
labor organization Of which President
Roosevelt is a member. Mr.. Sargent It
later developed was not a resident Of
Judge Kicks Federal district, and the
bill as against him was dismissed for
want Of jurisdiction.
Conspiracy 10 Violate Law.
The amendment charged that Arthur ex-
ercised a controlling influence over the
members os the Brotherhood in all mat
tiers treated by fits rules and regulations
and that one OF It's rules required all OF
the members in the employ Of any rail-
way company. whenever an order to that
effect should be given by Arthur 10 re-
fust 10 receive, handle, or carry cars Of
freight from any other railroad company
whose employees, members OF the Brother
hood, had engaged In a strike. It set
forth that such a strike had been de-
clared against the complainant company
by the members Of the Brotherhood with
ArthIr's consent and approval II also
declared that Arthur had publicly an
nOunced that unless the complainant
should submit 10 the demands % IS
striking employees he would order the rule
enforced. The rule. the prayer declared,
was in direct contraventiOn of the inter-
state commerce law. and was intended to
induce the employees Of the defendant
companies to violate the law and the
previous order Of the court; and that
Arthur. with others, was conspirihg to
that end.
According TO the testimony submitted
10 Judge TAFT a refusal Of the company
to grant the engineers demand for an in
crease Of wages resulted in a strike,
which was consented 10 by Arthur, and
the following telegram sent by Arthur 10
eleven of his subordinates was submitted
to the court;
Called IL "A Legal Strike"
There is a legal strike in force upon
the Toledo, Ann Arbor and North Mich
igan Railroad. See that the men on your
road comply with the laws Of the broth
erhood. Notify your general manager,"
A legal strike" it was shown, was one
consented to by the grand chief. AS a
result Of the foregoing order. ii was
shown. engineers, members Of the broth
eThood, did refuse to handle complain
ants freight on connecting lines for a
short time. and. In several instances.
quit the service rather than do so,
There was a repetition of the above
telegram five days after the first injunc-
ton was granted. Arthur claimed that
at that time he had no knowledge of the
Injunction against defendant companies.
Judge Taft broadly intimated that he did
not believe this statement.
Mr.. Arthur was directed to rescind his
order, and the temporary injunction was
allowed
The injunction was granted in Toledo.
Ohio. April 5. 1898, District Judge Kicks
sitting with Circuit Judge Taft
Among Mr.. Arthur's counsel on this
occasion were former Congressman
Frank H. Hurd and James II. Southland,
who, last fall. was defeated after a serv-
ice of twelve years In the Lower House
of Congress. Mr.. Southland has recently
declared for Mr.. Taft for the Presidency.
Gist OF the Decision.
The meat of Judge Taft's opinion in
granting this Injunction Is contained in
the following syllabus:
I-Circuit courts. Jurisdiction Injunction against