Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-25
TAFT AND lAB0 R
Injunction Against Strikers in
1894 Recalled.
FACTS IN CASE REVIEWED
Sentence of Phelan, Agent Of Debs,
to Prison.
CONTENTION OF JUDGE AMBLER
Claims That the Secretary Has Been
Conservative and Has Shown
Friendship to the W orkingmen.
FACTS IN CASE REVIEWED
CONTENTION OF JUDGE AMBLER
By WILLIAM F.. CURTIS.

| dianapoIis saying that "A great deal Of
pains is being taken by the leaders of the
| socialist labor party to impress upon the
| workingmen of this country the idea that
William Fl. Taft is an enemy of labor:
| and they cite as proof thereof his deciS-
ion from the United States circuit bench
in 1894. granting an injunction to protect
the Toledo and Ann Arbor railorad from
the strikers, and his judgment sending
F. w. Phelan, a leader of the strike in
Cincinnati. to Jail for six months" My
| informant says that it is asserted that
the official copy of Judge Tafts decision
| has been taken from the files of the
United States court at Cincinnati; that
a diligent search has been made for it,
and that it is now represented that it
was stolen by friends of the Secretary of
| War in order that the labor people may
not use it against him.
| 1t is matter of no consequence what
ever whether Judge Taft's opinion in the
Phelan case is on the files of the circuit
| court at Cincinnati or not because it is
published in full in vol. 62 of The Federal
Reporter page SOB, and in other forms for
public circulation. In the second place.
Judge Taft does not deny. retract or apol-
ogize for single word in that decision
and has no, desire to conceal it, He has
no desire to evade the issue and if the fol-
lowers Of Eugene Debs wish to promote
his nomination and election to the PreSi-
dency they cannot do better than adver-
tise his action in these cases among law
abiding citizens.
Judge Taft's Injunction.
In 1894. during the big railway strike
that began at Pullman, ILL.,. the Toledo
and Ann Arbor railroad was in the hands
| of receiver appointed by the United
States circuit court, and thus under the
jurisdiction of the government of the
| United States. which was responsible for
| its management and for the protection of
the interests Of its creditors. Therefore
William HI. Taft then sitting upon the
circuit bench of the United States at
Cincinnati. issued an injunction prohibit
| ing all persons from interfering with
the traffic of that road or with it's en-
ployes. and forbidding any one to in
timdate them or by other means to induce
them to abandon their duties This case
may be found in vol. ST. federal reports,
| page 100.
| That was the injunction that is so often
| referred to by my correspondent. and
| believe it was the original application
of the judicial power of the United States
government against strikers
In July. 1894. Eugene Debs, as the head
of the American Railway Union, sent
to organize a strike upon the Cincinnati
Southern railroad, which was also in the
hands of a receiver appointed by the
United States circuit court. Judge Har-
mon. afterward Attorney General of the
| United States and frequently spoken of
as an available democratic candidate for
President, in behalf of the receiver ap-
piled to the United States circuit court for
protection against the strikers. Secretary
Taft, then sitting as United States circuit
judge. issued a similar injunction to that in
the Toledo and Ann Arbor case, and
Phelan, having violated 1t. and publicly
before him. After full and free hear
| ing Phelan was found guilty of contempt
and was sent to Jail for six months.
| The grounds of contempt were mali
ciously melting employees of railroad to
violate the orders of the court: interfer-
| ing with the constitutional guarantee of
| personal rights; conspiracy to compel a
breach of contract between the railway
! and shippers: restraint of interstate COM
merce; obstructing the United States
! malls: denying the authority of the fed
eral government, and preventing the re-
ceiver of the Cincinnati Southern railroad
from carrying out the orders of the court
Phelan Sent to Jail.
1t was shown very clearly, and was not
denied, that r. w. Phelan. under the d.
rection Of Eugene Debs and others had
gone to Cincinnati for the express pur-
pose Of preventing the ordinary opera
ton OF the Cincinnati Southern and other
railroads. until certain demands had been
complied with and alleged grievances had
been satisfied Of certain persons not in
the employ Of the Cincinnati Southern or
any other railroad in the United States by
the Pullman Palace Car Company. which
was not under the control OF the receiver
or Of the court: that the employees of the
Cincinnati Southern had no grievance: that
they had made no demands; that they were
satisfied with their condition and treat
ment and that the only reason for excuse
f<,, t1,o,,, I'll nhnS- Inry.
the orders Of the United States court was
an alleged feeling Of sympathy with the
employees in the car shops at Pullman and
a desire to bring the pressure of public
opinion to compel the Pullman company
to yield to the demands Of its own en-
pleyes.
There is no question about the fact;
there is no question as to the purpose
for which Phelan went to Cincinnati. and
he did not deny that he had endeavored
to prevent the execution of the orders of
the highest judicial authority in that
part of the country. Judge Taft could
not permit such an unlawful act to go
UNPUBLISHED. There was no other way of
vindicating the law and the authority Of
the judicial branch Of the government Of
the United States than by committing to
jail q man who declared in a speech to the
railway employees of Cincinnati during his
trial:
II don't care if l am violating injunc-
lions. No matter what the result may be
tomorrow if go to jail for sixteen gen.
erations. I want you to do as you have
done No man to go back unless
Phelan says to go back.
Phelan Touched With Remorse.
1t was an interesting fact that six
months later. when Phelan was released
from JAIL he called upon Judge Taft to
solicit his good Offices in securing the
restoration to the pay rolls of the COM
pany the strikers who had lost their jobs
by following his advice. Upon his re-
lease he went to Ludlow. a suburb OF
| Cincinnati. where many of the railroad
hands resided, and there he found the
families of the strikers in great distress.
LIT is a satisfaction to know that Phelan
was touched with remorse by seeing their
condition. and it was an acknowledgment
of his confidence in Judge Tafts sense
| of Justice that he immediat ely applied To
him for advice and assistance. He told
Judge Taft that he did not realize the
consequence of his actions in forcing the
strike, but he was sent to Cincinnati by
Eugene Debs to carry out the plans of
the American Railway Union. and obeyed
orders to the best Of his ability.
I'm willing to serve another six
months, or even a year.. he said. IF
you'll help me get work for these men. SO
that they can keep their wives and chill
dten."
Judge Taft very soon get into commu-
nication with the railway managers and
persuaded them to restore most of the
| ctviLorc IN their former nositfons