The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-09-29

alton lawyers had held to be bad. 1t
was and is not a question of party
politics. Most Of the judges were Re-
publican in their politics. Judge Taft
at that time was an aid to Attorney
General Miller, who caused Greenhut
and the other trust combines to be
indicted.
0lney Fails in Fighting Trusts
Eat the time the district court Of
Kansas and the circuit court of ap-
peals for the Eighth circuit, Of which
Judge Caldwell, who was regarded as
the friend of labor, was a member,
had held, as the railroad lawyers con-
tended, the antitrust act Of 1890 did
not apply to railroads and they could
make any agreements or combinations
desired. Among the railroad corpor-
atoms which took this position were
clients of Richard Olney. The record
shows that Mr.. Olney never failed to
win a law suit against laboring man,
but he always fell down when he was
prosecuting the pleas of the govern
ment against the trusts He lost the
income tax case. He started out with
five judges for him and four against
him. At the end it was five to four
against him.
Naturally the railroad men then
thought they might make similar
agreements and attempts by means of
boycott to enforce them. The only or.
ganization against which the act lad
been applied was labor organization
in New Orleans. At the same time
the lower court, which the supreme
court subsequently sustained, held
that it did not apply to a combina-
ton of manufacturers. This was the
sugar-trust case.
The courts were not entirely to
blame in this case. The fault was
partly due to the fact that the law
yers of the government failed to in
troduce certain competent evidence
against the trust. At subsequent
stage Richard Olney was one OF the
attorneys for the government.
Taft First in Extending Law.
"In the meantime Judge Taft was
transferred from the department OF
justice to federal judgeship. At the
first opportunity he united with two
other judges-Harlan, a Republican,
and Lurton, Democrat-and, as the
lawyers say. distinguished the sugar
trust case and made the first applica-
ton of the antitrust act to corpora
ton for Industrial Organization. So
far as combinations Of capital are con-
cerned, Judge Taft started the ball the
other way, and In this he was sus-
tanned by the supreme court, which
practically reversed itself in the sug-
ar-trust case. Following his lead the
supreme court has since held that
the antitrust act applies to the rail-
roads the same as to labor organiza-
lions.
Gompers Indifferent in 84.
| Samuel Gompers had no sympathy
for the Pullman strikers and at that
time was not greatly perturbed about
our condition. He was invited to
come to Chicago, after the Injunction
issued, to aid US, but as he stepped
on the train in New York he told
a reporter he was going to q funeral.
I'm 1894 and 1895 Injunction and
government by injunction were vital
issues and it was in 1895 that the
supreme court upheld and decided
our boycott against the Pullman COM
pany illegal. During all this time
Sam Gompers slept on. He is slower
that left two years ago because Com
pers' train left twelve years ago. The
election Of 1896 sustained the gu
preme court in UNFOLDING olney's in
4 junction.
4 President Won Strike
| President Roosevelt has won the
only strike OF any consequence that
has been won IN fourteen years by the
labor people-the anthracite coal
strike. Gompers never won q strike,
Now when the supreme court de-
] clares the boycott which Gompers In