McClure's Magazine, Vol. XXXI, September 1908, No. 5Various
History
McClure's Magazine, Vol. XXXI, September 1908, No. 5
Various
American literature -- Periodicals; Literature -- Periodicals
The opinion which Judge Taft wrote in this case is a long one. He
quotes the provisions of the Interstate Commerce Act, which clearly
made it a criminal offense for the officers, agents, or employees
of any of these connecting roads wilfully to refuse to receive and
transmit the freight of the Toledo Road, and declares that the attempt
of the Locomotive Engineers to compel the railroads to commit this
criminal offense through this Rule 12 was unlawful. As to the rule
itself, he says, after an exhaustive examination of it in connection
with the provisions of the Interstate Commerce Law:
We have thus considered with some care the criminal character of
Rule 12 and its enforcement, not only, as will presently be seen,
because it assists in determining the civil liabilities which
grow out of them, but also because we wish to make it plain, if
we can, to the intelligent and generally law-abiding men who
compose the Brotherhood of Locomotive Engineers, as well as to
their usually conservative chief officer, what we cannot believe
they appreciate, that notwithstanding their perfect organization
and their charitable, temperance and other elevated and useful
purposes, the existence of Rule 12 under their organic law makes
the Brotherhood a criminal conspiracy against the laws of their
country.
The Brotherhood of Locomotive Engineers acquiesced in the criticism
of this section of their laws and removed it. The fact that this
organization is in existence to-day, unimpaired in power and authority
throughout the American railroad world, is an indication of its
willingness to recognize and obey the law of the land. Its conduct in
subsequently withdrawing the rule shows that Judge Taft was justified
in setting forth with such painstaking clearness the illegality of the
rule, with the expectation that its illegality would be recognized and
the rule abolished--a confidence which was justified by its results.
_Phelan Sentence in the Pullman Strike_
The next labor decision made by Judge Taft was in the well-known Phelan
case in the great Pullman strike of 1894. The organization with which
he was then called upon to deal was of a totally different character
from that of the Locomotive Engineers. It was one managed in entire
disregard of the law, the courts, and the public. Eugene V. Debs, the
chief agent of that organization, the American Railway Union, is to-day
the Socialist candidate for the presidency. In the Pullman strike of
1894 Judge Taft sent one of Debs' chief assistants--Phelan--to jail for
six months. If his judicial conduct in this matter merits criticism,
here are the facts on which that criticism must be based:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account