Omaha daily bee., 1908-10-26
LABOR'S FRIEND.
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was needed was that the union should get
some first-class lawyer to represent them
and should bring the case before the higher
courts. He suggested, In response to Mr..
Fry's request, that the union retain Mr..
+. N. Judson of ST. Louis, who had repre-
scented the Brotherhood Of Locomotive Fire
men in the Wabash case in 1898, and who,
by the way. is the author of the review Of
the labor decisions Of Judge Taft, published
in the Review of Reviews in 1907. Mr.. Taft
explained that one of the troubles OF the
labor unions was that so often they did not
get the best type Of, counsel, so that their
cases were not properly presented, and that
in his judgment Mr.. Judson would be sure
to present this case Alright. He stated that
the decision Of the court ought certainly
to be In their favor. The case was argued
before the United States circuit court Of
appeals by Mr.. Judson and Mr.. Rubin Of
Milwaukee, for the union, and by Mr.. James
NJ. Beck, counsel for the National Manu-
facturers' association. for the company.
Court Agrees with Taft.
Thu decision of the court was handed
NONh III SAAiNnhO bl AlN Gun baN - WIS
month, and it ~justifles Judge Tafts wis
dom, for It s~ustains the most important
contentious of the labor unions. The court
holds that while under the facts Of the
case the company was entitled to some in
junction relief, the decree went far beyond
the proper limits. It struck out of the
decree all OF the provisions which prevented
peaceful picketing or the exercise Of the
rg-IN - AApa,Vo@aa- d. a..a A..aIa,rAe O.,
join the strike and also all reference to
boycotting on the ground that there was
no boycott, as the members Of the union
had q right to refuse to handle struck
work-that Is, the work from a factory
where they were on a strike-wherever they
found It. The opinion is important espe-
cially in showing that much can now be
accomplished In getting the courts to cor
rect abuses against employees in the exer-
else of the power of injunction, II such
abuses are in effective form brought to
their attention, as, thanks to the advice OF
Judge Taft, they were brought in this case,
The right of peaceful picketing and per
s%uasion, so that employees may by peaceful
means induce other employees to join them
is forcibly set forth In this opinion, and ii
bases its decision largely upon Judge Taft'r
decision and upon the decision in the Wa.
bash injunction case, which itself wa
largely based upon Judge Tsft's decision.
so that Judge Taft's decision is declared
by the court to have settled the law as &c
the substantial rights of the parties. leaving
only the application of the principles sc
declared as new cases arose.
Injunction Abuses Corrected.
The great Importance of this opinion Is
that It c~orrects abuses that have crept into
injunctlous and labor disputes In the federal
as we'll as the state courts. This decision
goes far to protect the rights of working
men. and 1t does so because it is explicitly
based upon the labor decisions Of Judge
Taft, and this decision was secured only
In consequence of following the advice
given by Judge Taft as to the proper cours'
of procedure. l speak from first-hant
knowledge, as l was personally ~cognizan'
of all the facts. A more striking instanc,
could not be imagined Of the Jealous effor
of a public servant, which Judge Taft tn 81
was, to secure justice for working men t.
whom he thought injustice had been done
although the matter was not within his i'm
mediate control at the time. In this on.
instance Mr.. Taft rendered to labor a grea,
and signal service. a practical service
which shared the popularity of Mr.. Tart
other services, for his services take tn,
form of deeds rather than of mere words.
Taft and NRrramOre Case.
While on the bench Mr.. Taft rendered
service to labor so great that It can hardly
be overestimated. This was in the Nara
more case against the Cleveland, Cincin
natl. Chicago & st. Louis railroad. TIL
plaintiff, while working in the employ O
NAn .1-.A,-,r I,a 49,, L,,-4 1900 ~
company had rot provided the protection
which the statute required It to furnish it
employees. He got a verdict from the jury
The railroad appealed. and its counsel, MI
Judson Harmon. argued that the verde
should be set aside because the employ
had kept at work. although he knew tn
railroad had violated the law, and tina
therefore he had really contracted to TAX
all the chances OF being hurt. This con
~clusion, to my mind a cruelty iniqultou
conclusion, had up TO that time been sus
taired by most OF the courts. including tn
New York state court of appeals. Never
theless, Judge Taft refused to follow III
New York case, stating that the manifes
legislative purpose was to protect the en-
ploye by positive law. for the very reaso
that 1t had proved impossible for him I
protect himself by contract, and that III
entire purpose OF the law would be d,
feated If the employe was allowed by an
! form Of contract to exempt the railroa
company from the consequences of Il
failure TO observe the Law.
TRft's Decision an Authority.
/ This case has been cited all over n
United States by counse for orkm il
: tured through the failure of their en-
ployers to furnish the protection require
!; by statute for their safety. Judge Taft
decision was that when a law is made al
: plying to a dangerous business, in whic
1900 men are killed and 5000 men are Il
. jured every year, the Intention is that Il
5 railroads shall obey the law and that
shall not be nullified by judicial constru
ton. Very many judges, unfortunatel
e have failed to follow his reasoning, b
q other judges, and the law-making bodl
r as we'll, nave followed II, and this gre
decision marks one of the longest strid
taken in the effort to secure for wag
workers full protection against, and II
n compensation for, Injuries received by the
5 In the line of their duty. Here aga
: Judge Taft rendered one OF the create
services that has ever been rendered to Il
cause OF labor.
Tn two cases TO which | have REFER
have a further Importance when IL
raunapnharaa that A.. ---ta