The Washington herald., 1907-04-29
ENJoINED BY oHIoAN.
CONTINUED FROM SECOND PAGE.

for the purpose of injuring the Pull
man Company and of thereby forcing
from IL the concession demanded. Dells,
Phelan, and others sDamed, had maii-
ciously eOnspired and undertaken 70
prevent the receiver Of Judge tart s
court and the owners Of other rail-
roads from using Pullman cars in OPP
Grating their roads. though they were
under contract to do so.
Made InfIanaInatOry Speeches.
Mr.. FELTON, averred that. in pursuance Of
said conspiracy. Phelan, a resident Of
Oregon. went To Cincinnati a week before
the fling Of the petition. and set on foot
and melted a strike among the employees
of the receiver, and of other railroad
companies whose lines ran into Cinein-
natl Also, the petition claimed that on
June q, and at other times and places
Phelan made infammatory speeches to
the employees, well knowing them TO be
the employees of the receiver, in which he
urged them all to quit the service OF the
receiver and the other railroads OF the
city, and TO tie them all UP. and to pre-
vent others from taking their places, by
persuasion if possible, by clubbing II
necessary. At the time of the ming OF the
petition Phelan was still in the city, d.
iEttlnE ana EVUkAHUlNE Attt 81 ~ ---+e AZ
terfering with the receiver in the opera
ton of the road. AS a result OF the con-
spiracy and strike, the receiver said he
had been obliged. at great expense, TO
secure and maintain the protection OF
armed men for his employees.
On July 3, 1894. Phelan was arrested ana
brought into court. He was admitted 10
BAIL and enjolned by the court from IN
any manner interfering with the receiv-
err management of the railroad
Evidence which Judge Taft accepted as
proof of the charges in the petition was
presented to the court After in way
defending a private detective who TOOK
service with the receiver ostensiply as
brakeman at first, but really for the pur-
pose Of becoming a striker and spotung
the strikers, Judge Taft said Pheian IN
stigated, engineered. and controlled the
| boycott and strike at Cincinnati from be-
| ginning to end.
sent Labor Leader 10 Jail.
Judge Taft said 1T is doubtless true
that Phelan did tell his men 10 be law
abiding. that ne did tell them to stag
out Of saloons. and OFF the company S
property, in public. and that he did not
/ wish his followers 70 subject themselves
| TO the punishment of the law. But l dc
not doubt that at the same time he en-
| cOuraged in them a vicious and malicious
/ disposition toward those Of their fellows
who did not join with them in this boy
/ colt"
! by speeches every night since his ar
| rest" Judge Taft said. ''he has aggra.
waited his contempt. On the night OF JuIy
/ 4, it is in evidence, the contemnor said, in
| a speech TO railroad employees of this city
/ referring TO this trial:
" I don't care If / am violating injunc'
| tons No matter what the result may b
| tomorrow, If I go To jail for sixteen gen
| erations I want you TO do as you hav.
| done. Stand pat No man can 60 bacl
| unless all go. and all stay out unless
| Phelan says go back.
In conclusion. Judge Taft said; "Aftel
much consideration, i do not think
/ should be doing my dusty as a judicial Of
/ iicer of the United States without i'm
posing on the cOntemnOr the penalty
Of Imprisonment. The sentence of th'
/ court Is that Frank n. phelan be con
fined in the county Jail OF Warren County
/ Ohio. for "a term of six months. The mar
shall viii take the prisoner into custody
and safely convey him 20 the place o
| Imprisonment"
The Courts Opinion.
The syllabus in the report Of this cas-
is as follows,
l-Coutemut Interference with receiver impedin
1 operation q Taiiroad. Any wiilfui attempt, wit
knowledge that a railroad is IN she hands Of III
court 20 prevent or impede the receiver thereof az
pointed by the oBurt from complying with the oTde
1 Of the court In running the road. ahich IS unlzw
ful and which as between private individuals Woul
give night Of action for damages, Is Contempt O
1 the order Of the c-uTt
I 2-ssme Iustigaiing strike. Uulasful con-
bination Maci0usy melting employees q a II
cciyeT, who Is operating railroad under order O
the court 70 leave his employ. in pursuance Of a.
I Unlawful combination 10 prevent the opera "A @
the road thereby INJECTING Injuries lis blsines
for which damages would be recoverable If II yer
operated b. private corporation is = contempt q
tie c0lrt
| Same Constitutional guaranty or right O
assembly and free speech. Such nciting 70 oary 0u
an unlawful conspiracy is net protected by oonstitu
tioual guarantees % the right u assembly AMI IRE
I speech and is not Ess a contempt because efiarfe
By words only If the obstruction 70 the operation
the road by the receiver is unlawful and malicious
4-Cnuspincy- Combination 10 compel breach @
/ contract A combination 10 infiict pecInary iniur
on the owner II cars operated by railway companie
| under contrasts with him. by compelling them .
give up using his ears. IA violation Of their COT
tracts and ca their refusal, iurict pec9niarY IN
jury them b. melting their employees 20 Qui
their service. and thus Ianlyze their business. tn
existence Of the contracts being known 70 the psrie
| 50 combining is an unlawful conspiracy.
/ Same Boycott combination by employe
Of railway clmpaI les to impure in his business ID
| owner Of cars operau7d by the companies by compel
ing them 10 cease using his by threats Of qlIi
ting and b. actually quitting, their service theeb
infiicting on them great injury, where the relatio
/ between him and the conpanies is mutually profits
biz and has 10 effect whatever on the character q
reward Of the services Of the employees 50 combining
is a boycott AID an unlawful conspiracy at conmo
Law.
6-Same Unlawful purpose. combination
incite the employees Of al the railways in the eoui
try 70 suddenly quit their service, With0ut any Oh
satisfaction with tsa terms Of their employment thu
paralyzing utterly all railway traffic. in order
staTFe the TaiiEOad companies and the public int
/ compelling an owner Of cars used IN operating u
roads TO pay his employees wages they having 2
lawful right 10 compel him. is an unlawful col
spiTacy by reason OF its purpose. whether such pu
pose Is effected By usually lawful or other3ls
/ Same Restraint Of interstate commerce. sue
| combination its purpose being 10 TaFaiyze the
tsrsiata commerce Of the country, IS an unlaHf
/ conspiracy within the act Of July 2 1850 declsrif
illegal every contract. combination or colspiracy
restraint Of trade commerce among the sever
States. United States Patterson s. Fed. 50
/ disappf0Fed.
2 s-Same. Obstuctlug mails SUCH cofnblnatio
, where the members intend TO stop all nail trains.
well as other trains. and do delay many IN Violate
Of Revised Statutes. page 1885. Furnishing any o.
Eilfully and knowingly obstrcting or retardlng u
passage Of the nails is an unlawful conspiracy, q
though the obstruction is effected by merely quttiI
employment.