The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-09-29
LABOR LEADER DEFENDS TAFT
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Governor Altgeld issued injunc-
tions when he was Judge. and while
he censured the federal judges az q
class and some by name. he said there
were honorable exceptions among
them. 1t 10 significant he had no word
OF censure for Judge Taft. AS long
as Altgeld did not put Taft on the un-
fair list and Olney does. we conclude
Taft is o. K"
Real Grievances Of 1894.
Going deeper in to the A. r. u. con-
test. Mr.. Hogan said:
Government by injunction as we
understand 1t, and what we objected
to In 1894, and on which Mr.. Bryan
IN large part, made his campaign
for the presidency in 1896. was the ac-
ton Of the government Of the United
States in filing bill in the name of
Attorney General Olney against US
and our organization, enjoining US
from committing crime-waging war
against the United States under the
guise of conducting a strike
1T was not claimed then by Mr..
Bryan and Governor Altgeld that the
United States courts could not enter
tain bills filed by the railroads them
selves. on the theory that we were re-
sorting to illegal means in prosecut-
ing the strike against them. There
was no pretense then by. Mr.. Bryan,
Governor Altgeld or Judge Tuley that
the courts did not possess thei. in
herent and historic powers OF Issuing
intunctions.
Judge Tuley, am told by lawyers,
was a great stickler for the right OF a
court Of chancery to issue injunctions.
He only held that court of chancery
could not enjoin the commission of
crime. It was only asserted, as we
understood It, that the executive
branch of the government which
controlled the army and navy and
could call on the militia Of the states
to suppress rebellions, could not first
go into court, get an injunction
against the rebels, and then after the
government had suppressed the re-
bellions by force of arms, cite the reb-
els before court to answer for con-
tempt, instead of indicting them for
treason. or for violating other laws
OF the land.
Thought They Had Right to Jury.
President Cleveland sent the entire
federal army and many state troops
against US and Governor Altgeld s.
900 state troops. For one, felt that
II we could not have that amnesty
which was granted southern seces-
sionists we might at least be granted
trial by jury. We we're particularly
anxious for trial by jury because our
lawyers told us that we would have
better chance before jury than be-
fore Judge; that a jury would not
convict us.
"One of our lawyers-he who advis-
ed us after the Injunction issued that
We should not regard it because it was
beyond the power of the court; most
welcome advice, it must be confessed
remained silent when in open court
Judge Woods said that he had heard
that the defendants had acted under
the advice Of counsel in disregarding
the injunction. To this inquiry of
Judge Woods the lawyer made no an
swer, while we under the advice of
counsel, kept silent.
Not 30 Sure About Jury Now.
But speaking Of trial by jury, the
history of the English race shows
that the English government never
failed to secure verdict of guilty
at the hands Of jury against those
Of It's subjects who had waged unsuc-
cessful war against it, Moreover, an
incident occurred while we were in
the Woodstock JAIL that impressed
me at the time that perhaps We were
fortunate, in that our case was heard
by Judge rather than that our jury
trial-for we were indicted-had gone
to verict.
After Judge Woods had committed
hearing of the appeal by the supreme
court of the United States, we were
put to trial under the Indictment
which had been returned against us.
A sick Juror caused mistrial and
the prosecution.
kindly man, in order to break the
occasionally take one of us with him
serve the process of the court. On
one of these trips, when was with
him, we stopped with a prosperous
me for deputy.
\
the sheriff if he still had those strik-
ers in Jail. The sheriff said yes. The
farmer then said. If they had me on
the jury would have hung them Ev-
err since then I have doubted the wis
dom of the lawyer and of Mr.. Bryan.
who contended that in contempt cases
in labor disputes the laboring man
wants trial by jury"
Taft Right in Phelan Case.
Continuing, Mr. Hogan said: 'EH-
erybody now comedies, as far as
am able to learn, that during our
strike or rebellion Judge Taft did not
exceed his power as federal Judge
in issuing an Injunction in order to
protect the Queen & Crescent road
4 while in the hands of one of its re-
ceivers appointed by him. The Dem
ocratic platform does not condemn
that act.
/ This brings to the Phelan. case.
Phelan was one OF the early members
Of the A. r. q. He possessed great
talent an an orpanfxar and was a most