The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1908-10-29

i true!
''ln the case Of the Toledo Rail
| road Company VS. pcnnSylvani,
Company. 10 l.. Il. A., y. IS,
Judge Taft declared that ,h,
brotherhood Of Locomotive En-
SlneclS constituted Il criminal CON
spiracy against the laws of tn.
united States. that rule No. 10
was OF a criminal character and
by Il mandatory injunction com
PEELED Chief Arthur. of the
brotherhood, to rescind an order to
The members Of the brotherhood
to carry out the provisions Of rule
NO. -. Rule No. - in effect
declared a boycott Of railroads
against which the brotherhood had
declared Il strike.
IF rule No. - really constituted
Chief Arthur and his fellow
engineers criminal conspirators
against the laws Of the United
States, then CHIEF Arthur should
nave had his trial by jury. the
witness produced against him in
open court and his legal pres ump,
ton Of innocence diSproved. Ev
charging Chief Arthur all these. il
Is manifested that d precedent was
established which might easily be
invoked for tyrannical purposes.
SENT pIIELAx TO JAIL.
In the case of Thomas against
Cincinnati Company. G2 Federal
Reporter. Judg Taft sent IA man
named phclan TO Jail for six
months for violating an injunction
restraining him "from either as an
Individual or in combination with
Others, melting, encouraging.
ordering or in any manner causing
the employees of the receiver to
, leave his employ with intent. to
obstruct the operation Of his
road. y :. = z.
his was, IN effect. Il dccIar-
alton that a strike is illegal, be
cause i it was not illegal it was no
crime to council or encourage it.
In sending poor Phelan to Jail for
six months Judge Taft said. speak
ing Of the puniShment: This is
in the direction OF the court. to be
exercised on any information in
reference to the convicted person
which the court believes to be re-
Liable
JUDGE MADE LAW SUPREME.
''lIcrc is the deliberate state.
mrnt in Il judicial statement in Il
judicial opinion that Il man may
be deprived of bis liberty upon
amy sort Of evidence which the
judge deems reliable There is
thus Il substitution Of government
by judicial discretion for a govern
mcnt by law.
INIMIcAI. TO LABOR.
"ln the cases above referred to.
Judge Taft establishes these prop
OSitionS most dangerous to the
very life Of labor organizations and
the liberty or the citizens:
"tl) That persons may illegally
do things i'll combination which
done individually would be in
noccnt. That Il man may leave
I his employment without guilt.
( but il he does it simultaneously
and in concert with others for the
purpose of distributing the bust
ness Of an employer it is Illegal
! Il ].
| because Il strike is Il concerted.
STINT ltaneOu>. withdrawal from
! the service of an employer for the
! purpose Of enforcing Il demand
upon him and the very object Of
| the strike is So To incomnIOdc the
business of the employer
as to compel him to yield.
/ 500 \ man may he cnioined
/ from organizing and encouraging
such strike, and if Il" disobeys
f the injunction or is accused OF
+ diSob"Ning it, he may be impriSon-
ed by the judge upon amy evidences
/ deemed by the judge reliable.
I 1T is these decisions which have
+ inspired Mr.. GonperS to charge
( that Judge Taft is the originator
. and special champion of govern
! mcnt by discretion that is.
government by injunction.