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
On the day that Debs telegraphed Phelan to take measures to paralyze
all those lines which entered Cincinnati--work which was already well
under way--at the very crisis of the strike, on the application of
the receiver of the Cincinnati, New Orleans & Texas Pacific Railway
Company, and on a petition which alleged a malicious conspiracy to
prevent the receiver from operating that road, Phelan was arrested by
an order of Judge Taft for inciting the employees of the receiver to
quit their employment and for urging them to prevent others from taking
their places, by persuasion if possible, by clubbing if necessary. The
receiver asked for the commitment of Phelan for contempt, alleging that
the whole boycott was an unlawful and criminal conspiracy, and that,
for his acts in maliciously inciting the employees of the receiver, who
was operating the railroad under order of the United States Court, to
leave his employ in pursuance of that unlawful combination, Phelan was
in contempt of court.
Was the combination of Debs and his associates illegal? Judge Taft
said that it was, not only because boycotts are illegal under the law
of every State in the Union where the question has arisen, with one
possible exception, but because this combination of men, in their
efforts to gain their own personal ends, had trampled upon the rights
of the public. He said:
The railroads have become as necessary to the life and health and
comfort of the people of the country as are the arteries in the
human body, and yet Debs and Phelan and their associates propose,
by inciting the employees of all the railways in the country to
suddenly quit their service without any dissatisfaction with the
terms of their employment, to paralyze utterly all the traffic
by which the public live, and in this way to compel Pullman, for
whose acts neither the public nor the railway companies are in the
slightest degree responsible and over whose acts they can lawfully
exercise no control, to pay more wages to his employees. Certainly
_the starvation of a nation cannot be a lawful purpose of a
combination_, and it is utterly immaterial whether the purpose is
effected by means usually lawful or otherwise.
The "starvation of a nation," for such purposes, by such means,
stopped, so far as Phelan was concerned, on the day these words were
read by Judge Taft--the 13th day of July, 1894. It stopped because
after a protracted and exciting trial, in which many witnesses were
called and Phelan was fully heard in his own defense, Taft sent Phelan
to jail for six months. Those who believe that the starvation of a
nation is within the rights of labor engaged in a private quarrel, must
tell us wherein this Judge did wrong.
Public-domain text, read in full here on John Shaqi.
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