Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-06
MAY INVOLVE UNIONS
Arrest of B. and o. Conductors
Said to Be Far Reaching.
THIRD TRAINMAN ACCUSED
Present Action Believed to Be a Test
Case.
UNCLE SAM INTERESTED
Point at Issue Is Whether Company
Can Enforce Law Without
Aid of Employees.
UNCLE

That the arrest of the Baltimore and
Ohio conductors, charged with carrying
passengers free over that road in the
trains under their charge, may become
an issue of national Importance is the
statement made in Baltimore yesterday
by an official of the company.
George P. Sommers a conductor, was
arrested yesterday in that city by the
local federal officials. making three in all
now in custody. William G. Frederick
and Hugh c. Pierce had been arrested
and held in bail for $1,000 by Commits
sioner Rogers for hearing August IL.
In each of the three cases the charge
was made by Charles Finder He swore
that he was carried free on the trains Of
the Baltimore and Ohio when in charge
of the accused conductors, in violation of
the act of Congress which prohibits rail-
roads from discriminating either in pas
senger or freight service. The warrants
were sworn out by Mr.. Charles H. Pou-
merrat. auditor of passenger receipts of
the Baltimore and Ohio.
The Issue Involved.
The issue involved in these cases is said
to be whether the railroads can enforce to
the letter an act of Congress without &C
tive and conscientious cooperation on the
part of the employees. 1t is sought to put
before the federal courts the fact that
the railroads are DESTROYS of obeying all
laws, but may at times be prevented
from doing so by agencies and conditions
beyond the control of those operating the
lines.
1t is believed. but not officially stated.
that the present action is In the nature of
a test case to show publicly some of the
hoN
in observing literally all laws passed for
their guidance and control. Other roads
are believed to be interested in the pres
ent action. and when the cases come to
trial in the courts the results will be
closely watched from one end of the coun-
try to the other and the decisions taken
as guide as to the extent of the COM
panies' future liability for the acts of its
agents when the agents transgress strict
and positive orders from their superiors.
Accused Members of Unions.
The trials may also open up an interest
ing issue as to the relations of railroad
corporations and labor unions as under
stood and promulgated by President
Roosevelt All the accused conductors
in the pending cases are members of
unions. AS such they are responsible to
their respective bodies for individual acts
contrary to the ritual of the orders to
winch tHey DeIOnS. his DelnS SO, II was
said it becomes the duty of the union to
defend them in the present charge until
their guilt or innocence be established. If
guilty. it is asserted that the union will
force them to sever connection with the
organization and to shift for themselves
in the punishment the court infiicts and
afterward.
1t lis there that the railroad end of the
proposition is so far reaching. In its
scope and in its influence the result of
these trials will have la sting affacf the
public mind in considering the restrictive
laws enacted and commended for against
corporations in general and railroads in
particular.