The National tribune., 1908-04-30
BILL TAFT'S CAMPAIGN.
Continued from page one.

BILL TAFT'S CAMPAIGN.
Continued from page one.)
But there are politicians in both
branches of Congress who say that thf
Importance of the organized labor vote
is greatly overestimated, and who also
say that the opposition of organized Ia
Dor to Secretary Taft, whatever 1t may
be, is not to be feared. The Secretary's
managers will say that the Secretary's
record is likely even to be a source OF
strength to him, the more his decisions
upon the bench in labor cases are
studied.
1t remains, however, that the Secre-
tary and his managers have gone to no
little effort to placate labor opposition
They have printed pamphlets galore
tending toward a friendly interpreta-
ton and consideration of his decisions
The Secretary has made two or three
addresses on the subject. And yet, as
far as indications among labor officials
in Washington are concerned, the Fed
Grafton of Labor is against him as stout
ly as ever. Some believe the Presidents
efforts to assuage the labor leaders will
succeed, but evidence to that effect does
not yet appear.
Labor's Indictment of the Secretary
of War includes some half dozen
counts. Three of them are decisions in
labor cases. These, more correctly
speaking were all decisions against boy
colts. altho two of them are widely
known as injunction decisions. The Sec
retary has been styled by labor leaders
as the chief offender on the bench in
creating government by injunction. Be
side these decisions, the Secretary made
speeches in Oklahoma last August and
in Seattle last September, which, ac-
cording to President Gompers, of the
American Federation, were especially
offensive Certain of his utterances about
injunctions in the Maine State campaign
two years ago were far from orthodox,
according to the Federation's standard.
Tafts Decisions.
The first of his decisions, to which
labor objects, was delivered in 1890,
when Judge Taft was on the Superior
Court bench of Cincinnati. 1t was
known as "Moores VS.. Bricklayers'
Union ct al" and involved the applica-
ton of the law to what is known as a
secondary boycott. By that is meant not
a boycott against an employer or mer-
chant but against a third party, who
deals with the employer or merchant.
The Mocres had sold lime to a firm
known as Parker Bros, who had been
had been awarded damages in the sum
of s2,250 because of this boycott, and
the case went to the Superior Court on
appeal, Judge Taft delivering the opin-
ion. IN upholding the court below
Judge Taft said: I'VE do not conceive
that in this State or country a combina-
ton by workingmen to raise their wages
or obtain any material advantage is
contrary to the law, provided they do
=; nI,C ,.a
their original intent and make their
combination one merely malicious to
oppress and injure Individuals
The Secretary's two chief offenses in
the eyes of organized labor were deci-
sions he rendered while United States
Circuit Judge. The first decision was
handed down April 3, 1893, virtually
abrogating what is known as Rule II
of the Brotherhood of Locomotive En-
gineers. The case came up as an Incl
dent of the strike of engineers of the
Toledo & Ann Arbor Railroad. BY Rule
IL the chief engineer of the Brother
hood could direct members to refuse
to handle cars that came from road
where a strike had been declared. The
Ann Arbor Road asked for an injunc-
tion against Chief p. M. Arthur to re-
strain him from enforcing Rule IL, on
the ground that there was a combina-
tlOH lot IHt purpose Ol
ence with interstate commerce.
Judge Taft's decision was clear and
emphatic. He granted the injunction,
holding that, while the relation of rail-
road employer and employed as one
of free contract, the employed as long
as they continued in service must obey
the terms of the interstate commerce
law. 1t was pointed out that the en-
gineers, against whom the injunction
their employers. Their refusal to handle
the cars of the Ann Arbor Company
was not based on any demand for the
betterment of their personal conditions.
The other decision was rendered by
Judge Taft in 1894 in what was known
as the Pheian contempt case. Phelan
was an official of the American Union
and was engaged in organizing strikes
on railroads for the purpose of paralyz-
ing business till the railroads should
consent mot to use Pullman cars. A
restraining order had been issued
against interference with the manage
ment of the Cincinnati Southern by its
receiver. Phelan had spoken in defiance
of that order and was brought into
court. Judge Taft adjudged Phelan
guilty of contempt, and reiterated the
views expressed in the Ann Arbor case.
Phelan's purpose. the court held, was to
incidental result of a lawful strike for
the betterment of the employees own
conditions
The labcr officials say that the Secre-
tary still ignores ali the fundamental
and vital objections to the abuse of the
injunction, and the consequent aboli-
ton of trial by jury in labor cases"
They claim that he has not changed his
attitude since he left the bench, as
shown by his speech advising the Okla
homa people to reject the Constitution
last year, for one reason, because in his
opinion it contained a bad and danger
Gus limitation upon the power of the
courts to grant and enforce writs of in
junction. The provision to which the
Secretary objected was limitation up
on the power of Judges to punish al
legged violators of injunctions. and to
send them to prison for alleged con-
tempt of court without trial by jury.
AT a banquet given by the Business
Men of Seattle, the Secretary was quot
ed as discussing the injunction issue ex-
tensively, and as saying that it was
labor's purpose to create "a privileged
class of wrongdoers.'' That speech
raised storm of protests, and has been
used in the campaign of or
ganized labor against his nomination.
n.