New-York tribune., 1908-11-02


the secondary boycott" called, that is a
has been practically discontinued and abandoned
By intelligent labor unionists as an uawlse ana
unreasonable weapon in such controversies
In Toledo Ann Arbor & Norm M1chgan 2I Izal!-
erai. $50. the engineers on strike were members
Wnlcn p NJ Arthur was the chleI. CnosE me Lhe
then rule Of the brotherhood, known as rule
Companies g members of u the tG bro{5erhood refused
TO handle and deliver any cars OF freight from ON
engineers of that road. VINO were members of
that this involved paralysis OF the business of
interstate commerce between the comp laInant
and the defendant railroads The Toledo roao
thereupon applied for Injunction against the
connecting road alleging the e2istence OF com
preventing the performance Of their duties in re-
trsftic and asked the court to enjoip this unlaw-
plainaIt for temporary Injunction against Mr.
Arthur to restrain him from enforcing rule
ant companies were refusing to handle the cars
or the complainant company.
. me opinion Of the court by Judge Tart vas
@ notable in ITS clear exposition Of the power OF a
where necessary to prevent iTTeparabie injury.
the effect OF this decision was tarreacnlng II
was the first judicial declaration Of the duties or
followed IN other circuits. and was not only ap-
the railroad brotherhoods fair statement OF
road service The result was the abrogation OF
"Rule n by the brotherhood OF the engineers
and since that time, as was signally shown IN tne
engineers but the conductors. fremen and train
men have been conspicuous for their conservatism
in the adjustment of differences with the manage
The case of Thomas vs. Cincinnati New Orleans
& Texas Pacific Railway Company. in re Phelan,
inspired by the American Railway Union at the
time Of the strike BY the Pullman employees at
that all the railroads boycott the Pullman cars.
and declared strike of the employees of any rail
The Cincinnati Southern interstate railway,
heretofore appointed by the United States Court
Of Ohio, and the receiver applied to [ne court lor
American Railway Union, who was engaged in
melting strike among tie employees OF the rail-
There was no complaint by the employees of this
the Arthur case for the hetternent OF theiT conq-
ton of service. The demand was that all traf1e
should be suspended and business paralyZed uELli
all the roads should consent not to carry Pliinan man
to the railroad companies and the public
into compelling the Pullman company to do some
to do.
It was in this Phelan case that Judge Taft in de-
terTnnIng the limits Of the rights OF labor organ
cations, made this lucid and notable statement OF
the extent Of their rights, which has been re
The employees Of the receiver had the right to
take action as to the terms OF their employment
borers should unite for their C common interest and
for lawful PURPOSES They have labor to sell =
them to obtain better prices for their labor flan
necessities Of the single epl9ys may % Gon9Pe him
lation Of fund for those who feel that the wages
offered are below their legitimate market value Of
appoinf officers. who shall advise them as to the
course to be taken IN relations with thelr
they appoint. any other persons they choose
course to be taken. both in regard to their common
smPoysn or If they choose 70 app9nI rog, ang one me
union PeaceabIy to leave the employ Of their en-
me2t are eeTf1lss unsstisfactorv. 5-
The jurisdiction Of The United States courts UT in in
pren1acy Of the federal power in such questions
court Of the United States Gsea in re Debs case 5s
Z. s.. 5s4; also. in re Lemon; 158 s. 5tSl
was rendered by Judge TAFT in the suit Of James
E: sGT ssIG: Sons V B'it' 81 Fed '7a o''' where
rected to work in particular place that reasonable
has been exercised by the ernnover to that
such place is safe and is not negligent IN re5-
vtous. and should be known to g reasonably prl1.
care required Of the employer greater than that
required Of the employe. and the ennployer may be
danger, wh-re the ernCIove is -nt
rrecuentIS disclosed his attitude on state tights By
his evident respect for the decisions Of the stats
IN 1899 the Legislature OF the state Of Ohio passed
3 bill 7zg z9oVn as the Nichols Bill Rev St Ohio
graph, telephone end telegraph companies at its
market N 5 value In Western Union Tel Co Poe
40 Judge Taft, after fun study of the law.
constitution # the STAT. of obio hr ~ Is tn
(Which provides that all taxation shall be by
stock includes elements value fzch as good win
and earning capacty Of the business). which were
STOCK bears no necessary relation proportion to
tion u 'is 'aHsi'is properly OF the corpora
Later the Nichols bill wss declared constitutional
by the Supreme Court of the state Ohio IN State
y. Jones. 97 n. F.. a45. and IN Western Union v
Poe s. Fed. at p II declares the SUPREMACY Of
the state courts IN matters secttnR state constitu
tionT r,, in the following u3eoqivocal languase:
cided by the court was whether the Nichols law
in oIo ST
court thought that If was. for the reasons stated
IN TIE opinion fled Stree that time the suor~mA
uba7I,er +b{e co,r+ he oony,,-r.5 ~ +a ,o-o+es
Of the reasoning in that opinion not. The
oision by the Supreme Court Of Ohio that the
Nichols law is constitutional makes IT so. FOR all
(E) His attitude on property rlqhts. The village
of Gladstone. Mich, issued bonds in anticipation
of the collection Of assessments for grading streets
having legislative authority to do so. upon coTpli-
snce with certain formalitHs The city Of Glad
stone successor TO the village refused TO pay
due form, there having neen no resolutlon passed:
fixing assessment district that the trustees had
not state on fheiF face the eiass to which tSay
onged, etc, all Of which provisions were tech
piaf1tifT|a purchaser Of the bonds without notice
a6s eaes bd the Of 'it Be Eaie 6f @
evade payment by setting up technical flaws IN
city Of Gladstone v Throop, Il Fed. 34t.
The Auditor Of Summit County, Ohio attempted
Of Columbia which were issued with the provision
that they were 70 be exempt rom & taxason uqge 6
only in the District OF Columbia. but everywhere
Grether Y. Wright. 75 Fed. 742
POINT V.
WILLIAM HOWARD TAFT HAS THAT SORT
OF BUSINESS CAPACITY WHICH IN PRI-
vATE LIFE EARNS FOR A MAN THE MOST
RESPONSIBLE POSITIONS
The affairs connected with the relations Of this
country with the Philippine Islands. and the in
euguraton Of an entire system Of administrative