The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-27

he had not bowed 70 the wave Of pop
nlnr opinion Judge Aiphonne Tatt
the father dlsplayed 4 similar respect
Tor the law. and similar Disregard
for popularity, IN rendering 4 decision
IN case which attracted At the time
even more popular attention.
That all happened many years ago.
When Judge Alphonso Taft was on the
Superior Bench in Cincinnati. case
came before him on the right OF the
school board to direct the reading of
the Bible in public schools. In many
particulars the case resembled the re-
cent agitation on much the same lines
In New York City. The case was bit.
terry fought. and all Ohio watched the
outcome. And Ohio, in those days,
was the western reserve" in truth.
aud was peopled by the sort OF Puri-
tans that would go to war for their
own right to worship with the same
easy grace that they would take up
the sword to interfere with the right
of any one else to worship differently.
Well, Judge Alphonso Taft decided
the constitutional question involved, to
the effect that the school boards had
not the right to order the reading OF
the Bible in the schools, or to force
other sectarian forms of worship down
unwilling throats. Later the case got
to the Supreme Court on appeal from
his decision. and that decision was
sustained. But at the time 1t made
an awful fuss. Judge Taft was con
sidered certain of the Republican nom.
iuation for governor OF the State be.
fore he made that decision. He had
been candidate for the nomination
the previous year, believing that he
would not have as a rival candidate
Rutherford B. Hayes. But Hayes
changed his mind that was nominated.
1t was conceded that Taft would sue
coed him. but Taft gave up that honor
rather than decide a case against the
law and the evidence, no matter what
effect that decision might have upon
his own ambition.
Fair Throughout Trial.
It was the same sense OF sturdy up.
rightness that William Fl. Taft display
ell when he was on the Circuit bench
in Ohio and the famous labor cases
came before him for decision. 1t was
in 1894, the Debs year. when every
railroad agitator in the country was
drawing his followers away from
work. and tieing up the roads right
and left. That did not touch Judge
Taft on the bench until one Phelan at
tempted to order a strike OF the men
of the Southern railroad. That road
was then in the hands OF n federal re-
ceiver, and an injunction issued, re.
straining Phelan from interference.
In a violent and profane speech Phe-
Ian deied the court. and went on with
his agitation. At once he was arrest.
ed. The case come before Judge Taft
for decision. Throughout the trial he
displayed his sense OF eminent fair
ness. in one instance rebuking the
lawyers for the receivers sternly for a
slight discourtesy they showed the
attorney for the defense, a man Of
slight standing where he was best
known. The eyes not only of the State.
but of the nation, were on the court.
The strikers, on the day that the
COURT decision was to be handed
down, crowded the court room. They
openly boosted that If the decision
were against them Judge Taft SHOULD
never leave the court room alive.
Judge Taft read his decision. II
was stern, uncompromising docu-
ment, deciding against the strikers.
And when he had finished he rose to
his full height, and hammering his
desk with big first, said
aud | want you men to know that
The decision OF this court shall be
obeyel if there is virtue in the army
Of the United States to enforce it."
That ended the incident. The strik,
crs with arms but half concealed be
meath their coats, according to the
statement of men who were present,
skunk ont Of the court room as though
in bodily fear. Not one raised his
voice or his hand. Phelan was SEN
fenced to six months in the peniten-
tiary, and in the solitude OF the cells
had occasion to review his trial anil
the events that led up to it. And the
first man he approached on his release
was Judge Taft.
Helped Strikers Back to Work.
i've seen now that I was wrong.
Judge" said he. "You were right. You
decided that case as 1t should have
been decided. But while I've been in
the penitentiary the men took from
their jobs have been put on the black
list, and they and their families are
starving. They are not to blame,