The labor world. [volume] (Duluth, Minn.) 1896-current, 1922-05-13
: my BEST LABOR STORY"
HOW UNITED STATES COT RIGHT
TO APPEAL IN CRIMINAL CASES
my BEST LABOR STORY"

III HrTcHly
BY H. B. PERHAM,
Past President, Order Railroad
a. Telegraphers.
One rainy Saturday morning in
January. 1907, I had an interview
with Senator Spooner of Wisconsin
at his residence at Washington.
1t was an interesting conference
principally on account Of the totaI
lack Of conventionalities and sena-
torial courtesy was no impeachment
to the business in hand. In other
words, there was total lack of. for.
mality. similar, we might say, to an
lmpromptu meeting of mem bers OF
the Switchmen's union.
The conference took place in the
basement of the Senator's residence
1t being fitted up as an office with
all the modern conveniences, includ-
ing a very polite secretary. 1t had
taken some circumlocution to gel
this conference arranged, and it was
supposed to last only 80 minutes,
but things took a turn that inter-
fered with all our pre-arrangements
and 1t lasted from $3.50 a. m. until
about 1 p. m.
The subject was bill proposing
to give the United States the right
of appeal on law points in criminal
cases. Up to this time, for instance,
the Interstate Commerce Commits
sion might bring proceedings for the
enforcement of Federal laws in any
district court of the United States
and from the decision of that Fed
eral judge on law points in crimina
cases there was no appeal.
The bill had been held in allegiance
in the Senate judiciary committee
composed of Is lawyers) for about
10 years and seemed doomed to ex-
tinction by neglect. Senator Spooner
was the leading spirit in this COM
mittee for many years.
After a few Introductory remarks
in which introduced the subject of
the bill. quoth the Senator, You are
the man who ordered the strike on
the Northern Pacific, aren't you?"
Eyes, Senator, l had that honor,
but as I have been accorded only
80 minutes for this interview we
will not have time to take up ancient
history. Let us return to our NUT
ton. as the Frenchman said" /:
Whereat the Senator got real huf-
fly and actually used some unparlia-
mentary language at which Ire
joiced exceedingly for it really gave
me an opening that I hardly ex-
pected. After rapid, incisive, but
lengthy exchange Of compliments,
for some inexplicable reason the
Senator's mood changed and taking
a copy of the bill and interlining
with a pencil. he turned to me and
quietly asked how the bill as he had
just amended it would suit my
views: AS the amendments were
not in anywise important I told him
it would now suit my views precisely
and he replied that he would have
the bill reported out favorably7 as
soon as possible.
With complimentary illusions to
his proposed action I left him in ap-
parent good humor.
On the following day the Browns
Vile tragedy occurred (wherein the
negro troops run amuck and shot up
the citizens Of the town. and this
incident caused special meetings of
the Presidents Cabinet and not a
little turmoil in the Capitol. How
ever, on the following Saturday,
after a week Of more than ordinary
excitement. the bill came out in the
Senate with a favorable report, it
was Immediately acted upon and
passed and became a law on March
4, 1907, when signed by President
Roosevelt.
The true import of that enact
ment Is we'll known to judges and
lawyers, but not to the public gen
orally.
1t all came about in this way. We
were fighting the Louisville and
Nashville Railroad teeth and toe
nail. We had filed information
against the officials for violation of
Section 10 of the Erdman Act, that
part of the law making it criminal
onense to discriminate against an
employe on account of his affilia-
ton with a labor organization. We
had caused the arrest of officials
from a Chief Train Dispatcher up to
the General Manager. We had %
suits pending and contemplated
When Judge, Walter Evans of the
western District of Kentucky de-
clared Section 10 to be unconstitu-
tional in a case running parallel
with ours but affecting fireman
named Adair. At that same time
the law had been held to be valid
in the Eastern District of Kentucky
thus creating a situation that might
be described as an anomaly. What
was good law in one judicial district
was no law at all in an adjoining