Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-09-24

the strike on the Toledo & Ann ArbOr
was approved and that they should
proceed TO enforce Rule T. which
meant that they should refuse to haul
the cars of the Toledo & Ann Arbor
Road. 1t was a secondary boycott, and
1t "as direct violation of the federal
statute which imposed punishment
by fire and Imprisonment for its viola
ton. | requested Mr.. Arthur to with
draw the telegram in respect 70 Rule
No. II. and within very short period
l save him hearing. Mr.. Arthur had
| promptly complied with my order and
| never did disobey it. The brotherhood
| OF Locomotive Engineers then repealed
| TIE rule and 1t has never been cn1 orced
| since so far as l know.
1.-THE third case was the Phelan case
II grew out of the attempt of the Rail-
| way Union and Eugene Debs to starve
the country by stopping all the rail-
roads and thus compel the Pullman Co
to Pay higher wages to its employees.
Neither the starving country nor the
railroads has control over Mr. Pull
| man. Some railroads had contracts
with him for carrying his cars. They
we've not justified in breaking those
contracts. In other words the action
against the railroad companies by
Debs and by his lieutenant. Phelan,
was Il secondary boycott.
"a: this time the Cincinnati South
ern railroad was being operated by a
receiver under my orders as United
States circuit judge. Phelan was warm
ed of It. He held meetings of the Gin
cinndti Southern Railroad employees
and advised them to strike and tie up
the road. and by hints and winks and
side remarks he instigated them to viO-
lencc.
'On an affidavit charging him with
contempt he was brought into court.
The evidence clearly established his
guilt | therefore sentencd him to Jail
for six months.
"There was one more injunction suit
to which I have made reference but in
which the operation of the injunction
was not against labor people, but
against a combination of iron pipe
manufacturers We there decided that
an injunction would issue. the injunc
ton did issue and the combination was
broken uD.
II merely instance this to show that
the injunction works both ways and
that it is useful both in keeping law
less !aboring men and lawless capital
lists within the law.
"Mr Bryan says | am the father of
iniunctions in industrial cases. This
is rot true. The use of the Injunction
was in accordance with precedent in a
number of cases which cited. both in
the Arthur case and in the Phelan case.
| am not apologizing for what 1 did in
ance with my duty as judge.
"Objection is made to the use of the
Injunction in such disputes. All 1
have to say on that point is that prece-
dent justifies it, and that the man
whose business is injured by unlaw-
full action of former employees. fire.
ouently has no other remedy which is
at all adequate. The owner of bus
mess, whether railroad business or any
other, is entitled to be protected in
his pursuit of it and to immunity from
unlawful injury to it, To take away
from him the remedy by injunction
which has always been his. merely be-
CAUSE it sometimes leads to the punish
ment of those who violate the injunc-
ton without trial by jury. is to intro
duce into the law class legislation in
and it is to take them out of the or
binary operation of civil remedies.
because they are laborers. l say that
that kind of class legislation is PERM
ciouS.
"The provision in the Democratic
platform that a trial by jury shall pc
allowed in all cases in which charge
of contempt is made for violation OF
I,
the orders of court outside OF the pres
encc of the Judge would greatly weak
en- the power of the court. To intro
duce a trial between final order ana
it's enforcement and between the rou-
tin orders witnesses and jurors INTO
court would so hamper the admnistra-
tion of Justice as to make the courts
a laughing stock. 1t may be popular
to suggest such a change. 1t may at
tract the support and approval OF those
who do not understand its real erect.
hut so long as have power of express
sion and without regard to how it may
effect me politically. I shall life my
voice in protest against such a destruc-
tive step in our judicial procedure.
eft has been sought to give the i'm
preston that this record of mine as
Judge shows that I am unfriendly 10
labor Nothing could be farther from
the fact AS the executive in charge
of the work of the Panama canal, l.
have had under me for four years up
wards of 10000 laborers. 1t has given
me pleasure to devote great deal OF
my time to the consideration of the
welfare, as we'll as of the pay OF the
men employed under the government
in that great enterprise.
when I had charge of the matter l
spared no effort to see to it that the
complaints of the men were thorough
ly investigated. and where they were
well founded that the ground for COM