Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-10-30
Story That as Judge He Sent
Engineer to Jail Conclu-
sively Retuted
IMPRISONED NO ONE
Decision in Ann Arbor Case Founded
on Law and Accepted by Brotherhood
of Engineers Great Change of
Sentiment Taking Place Among un-
ion Laborites.
Special to Times Republican

DeS Moines, Oct. 80. One of the
most infamous falsehoods of the pres
ent campaign is being circulated in
railroad centers of Iowa in the form
of q letter from Lawrence Burns of
the publicity department of the DEM
ocratic national headquarters, stating
that Judge Taft in connection with
the Ann Arbor strike case of 1898, sent
tor of his judicial decision and that
the man languished in prison for
months and when he was released was
broken in health.
Judge Taft did not send any man
connected with the Ann Arbor strike
case to prison or to jail. He issued
a temporary injunction ordering p. NJ.
Arthur, grand chief of the Brother
hood of Locomotive Engineers, to sus-
pend rule II of the organization, claim
ing that it was in violation of the in
terstate commerce act. Mr.. Arthur
promptly complied with the order, Of
the court. This decision has been gen
orally accepted as good law by the
great railroad brotherhoods and rule II
was abrogated. The line of tactics
condemned in the decision has been
dropped by the brotherhoods.
Judge A. j. Kicks, of Cleveland, an
other federal Judge, sent an engineer
by the name of Lennon, on the Lake
Shore & Michigan Southern railroad.
TO Jail for refusing in violation of an
injunction, to haul cars of another
railroad. against which strike was
being waged This attempt to shoulder
onto the republican nominee for presi-
dent responsibility for the acts of
every federal judge would be unjust
if he were even remotely connected
with the case. In this instance where
the statements are absolutely false and
the writer must have known that
Judge Taft was in no way connected
with sending this man to jail, 1t is
olackguardisin.
Decision Not Reversed.
Iir. Eurns further intimates that
the decision of Judge Taft in the Ann
.arbor case was reversed by higher
court This is also untrue. The prin-
ciples enunciated by the court in this
Instance have since been upheld by
the supreme court of the United States
and have become the fundamental
principle OF government.
If it had been reversed, no class OF
men would have suffered more than
the railroad brotherhoods, because
While holding that the secondary boy
colt was Illegal in cases effected by
Interstate commerce, Judge Taft out
tined the right of free contract held
~ railroad men While declaring rule
=. to be in violation of the interstate
commerce act, he established clearly
.,lc rights and duties of employees OF
.,srrstate traffic lines. He held that
;.t4orG.inates held the right of free con-
81 CT the service of which was term1n-
;l.:e at the option of either party, and
.,at the court could not compel the
..gercement of personal service against
t:le will of either employer or en-
pt,ye.
The court declared this to be espec-
tally true In, the case OF engineers,
whose close attention to duty was nee
essary to insure good and safe service,
whereas the enforced service of en-
~ineers might result in endangering
the life and property of the shipping
public. At the same time in the opin
ion of the court, it did not follow that
the right to leave the service was abso-
Lutte. For example, man should not
leave his employment at a time or
l. 81 hn n ooral
life or property.
So long, however, as he remained IN
the employ of a company, he was
bound by the interstate commerce law,
lust as much as the company for which
he worked.
Change of Sentiment.
How great the change of sentiment
is shown by the position taken by the
Locomotive Engineers Journal in its
issue of last month, which treats Of
the Ann Arbor case as follows:
Judges Kicks and Taft both con-
coded the right Of every employee to
Quit individually or in q body. Judge
Kicks said that men must quit at a
terminal and not accept work and then
refuse to handle Interstate cars: Judge
Taft taking particular pains to eluci-
date that the right to combine for the
purpose of selling labor at the high
est price is its unquestioned privilege.
",Tbat rule II was in positive viola
ton of section 10 of the interstate
commerce law will hardly be ques-
toned by anyone.
IF we are to secure modification
of the injunction and obtain fixed In,