Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1907-03-29
Call Him injunction Taft.
Because of Decision in
the Pheldn Case.
MOST SWEEPING IN THE
HISTORY OF UNITED LABOR
Did Much to Brea.. Strike Against
Pullman Company and Con-
tinue Power of Octopus.

Cincinnati. March 29.-When all
there will remain Taft's labor record
as the rock upon which his boom
may split.
His record is contained in the cele-
brated Phelan case and the decision
he rendered, one of the most sweep
ing and important in the history of
trades unlonism. won for him the title
of injunction Taft" 1t is still to be
heard in references to him by labor
men.
The Phelan case was the outgrowth
of the American Railway union strike.
which originated in Chicago, in 1894.
Taft presided in the United States cir
cult court here and had appointed
Samuel NJ. FELTON, receiver for the
Cincinnati Southern railroad.
The A. r. u. had admitted to its
ranks employees of the Pullman shops
who were trying to force the restora-
ton of cut in their wages. Their
grievance was taken up by the thous-
ands of railroad men in the A. Il. ".
who demanded that the roads should
cancel their contracts with the Pull
man company. The railroads refused
and the men. with Eugene " Debs as
their leader. declared a strike that
covered the country from the Alle-
SHtiltS W tHc
Soon after the strike was declared
in Chicago, Frank w, Phelan, of Ore
gon, came to Cincinnati Meetings of
A. X. U. men were called, and situa-
ton discussed and within a few days
after Phelan'S arrival a strike, caus-
ing a serious and expensive tie-up,
was declared on all railroads center
ing here.
Receiver FELTON, went into Judge
Taft's court, July 2, 1894. with an
intervening petition for an injunction
against Phelan and the strikers. He
claimed that the strike and the means
used to enforce 1t interfered with his
operation of the road under the Unit
ed States courts order. Judge Taft
Issued an injunction against Phelan
from "either as an individual or i'm
combination with others, incitng, en-
couraging, ordering or in any other
manner causing the employees of the
receiver to leave his employ with in
tent to obstruct the operation Of the
road"
Strike injunctions were compare
lively new in those days and union
men, reused to white heat over the
decision, denounced the judge as I'm
junction Taft"
The injunction had been in force
only two days when Phelan was ar
raigned before Judge Taft on the
charge of violating the order. He de-
MED that he had come to Cincinnati
for the purpose of melting a strike
and claimed his only object was to
explain the Chicago situation.
Judge Taft In his decision said he
put little credence in Phelan's state
ments He felt convinced from the
testimony that Phelan came to Gin
cinnati in the interest of a gigantic
conspiracy designed to enforce a boy
COtt hky
means of a general strike. He said
that while the testimony showed
Phelan openly advocated peaceable
methods, the strikers were, by yelled
threats, inspiring a secret terrorism"
which prevented the railroads from
securing other employees and required
them to protect with armed guards
such men as were at work,
Judge Taft held that violence was
not necessary to constitute contempt
of court, as interference by instigation
and maintenance of the boycott were
in the main contempt. Phelan was
declared guilty Of contempt and sem
fenced to six months in the Warren
county Jail.
In his decision Taft clearly set
forth his views on the legal status
of trades unionism. The railroad
employees had a right to organize a
labor union, he said. which should
take acuOn as 10 the terms or their
employment. Such action by work.
men was beneficial to themselves and
the public. II Phelan had come to
the city when the receiver reduced
wages 10 per cent and had urged and
maintained a peaceable strike he
would not have been in contempt OF
court even If the strike much impeded
the operation of the road. But his
coming had nothing to do with their
service or pay, the men being satis-
fed. !
Every act Of the strike Judge Taft
held, was unlawful because the pur-
pose of the conspiracy was unlawful |
II was to enforce a boycott against |
the Pullman company, To compel the I
railroads to withdraw from a mutual /
ly profitable relation with third per-
son for the purpose of injuring that I
third person. THE purpose was to
starve the railroads and the public in |
to compelling Pullman to do some
thing which they had no lawful right
TO compel him to do"
Cincinnati labor circles regarded
this decision as singing blow I
against their interests and they have
considered Taft as an enemy ever
since,