83j (Dopman PORTLAND. OUCON. Entered at Portland. Oregon, Paatofflee aa 8acond-Ciaaa Matter. BubeertpUon Rates Invariably t Advance. (By Mall ) Pally. Sunday Included, on year "? paliy. Sunday Included, six months.... J" l-ally. Sunday Included, threa montha.. i fatly. Sunday Included, ona month.... tall without Sunday," six montha -J I1. without Sunday, thraa months.- .! .AO ral!y. without Sunday, ona rouu... Weekly, ona yaar Sunday, ona yar Sunday and Weskly. oaa yaar (By Carrier.) 1 :.o 2 50 a so rally. Mnday Included, ona year... T..I v tnnrii included, ona month. oo .15 How ta Remit Send poetofflca order, express ordar or personal " " your local bank. Stamps, coin or eurrancjr ara at the sender's rtak. Olva postofllce ad dress In lull, Including county and state. rootage Kates 10 to 14 pages. I cant; IS to -jb !. - "": 40 to " JH?1 to 6l page. 4 centa iorelgn postaga double rata. f Eastern Business Office The S C. Bl arlth special Agency New York, rooma -60 Trtbuna building. Chicago, rooma jlu-aiJ Tribune building. PORTLAND. WIBNISDAY. OCT. M. WS. MF.RELT A HATTY" CAMPAIGN EX. PEDIKXT. A country might, doubtless, convert every important activity of Its citl gens into a public function, but it doesn't. That, however, is what the Socialists contend for. Tet soma things ars accepted as public func tions. Government undertakes trans portation and delivery of the mails. Jt controls and directs and pass for maintenance of the public schools. It "creates and supports courts of law end of Justice, through which you may establish and maintain your rights. It makes general rules for control of fire and life Insurance companies, but doesn't require you to insure. You may Insure your crop of grain if you want to, cither in the field, in the barn or in the warehouse; but Gov ernment does not require your crop to be insured. Tet if a man wantonly burns it in the field or barn, or fails to account for It after he receives It in warehouse. Government has pro vided you with a remedy at law. Not otherwise with your money in bank. If you don't get It on demand. Gov ernment will support your claim for it at law. But it will not make other bankers (or warehousemen) pay your loss. That, however. Is what the de mand for insurance of bank deposits means. The lino here is perfectly distinct and clear. To insure bank deposits, or to require them to be Insured, is not a function of Government, any more -than to insure your wheat. If you are wronged, the law is at your service, and Government will assist you to obtain redress. But it will neither pay your losses, nor compel sound warehouses or banks to pay your losses, suffered through unsound ones. In fact, it could not do so, if it tried. It doesn't attempt to compel Are insurance or life Insurance com panies, carefully conducted, to con tribute to payment of losses through those Improperly conducted. The same, precisely, as to insurance of bank deposits. You must judge for yourself where you will deposit your wheat or your money. The Bryan babble about this matter Is exceedingly tiresome. The proposi tion Is not an economic one: it Is simply a shallow political expedient for the purposes of an election. Find ing it impossible to promote the silver folly any further. Bryan has taken up this bank deposit scheme as one of his expedients for a political cam paign. It never will be adopted nor even tried; because it is not possible to compel good banks to Insure bad ones. THE SALOON MAN'S ERROR. ' If the better element in the saloon business were gifted with a sense of humor, they would smile whenever any of their disreputable companions ex press surprise at the increasing publlc scntlrnent against the traffic. Two of ficials of the local Retail Liquor Deal ers" Association appeared before the license committee of the City Council Monday, and. without the privilege of the floor being granted them, poured out a tirade of profane and abusive language against Councilman Driscoll. who failed to accede to their wishes. Incidents of this nature, together with, repeated violation of the Uya, is one most powerful Influence now aiding the prohibitionists. Arrogant attempts of liquor dealers to override the law and intrude their presence where it Is not wanted are steadily lessening the territory In which they will be per mitted to do business. The saloon that will not close and remain closed in accordance with the reasonable laws provided will soon bo permanently closed by local option or soma other form of prohibition. So forcibly has this fact been driven home in the minds of the better ele ment of the saloon fraternity that in most places they are actually aiding the authorities in prosecuting the law breakers. This effort to stay the march of prohibition by demanding reform in the liquor traffic and a strict obedience of the law has become a National Issue among the better class of saloon men. and they are giving general circulation to a very sensible address by President Gilmore. of the National Model License League, in which he says, among other things: Th edict baa sone forth that saloona muat obey all laws; that they must nut sell to Intoxicated men. nor to habitual drunk ' ards, nor to minora; that they must not ex hibit improper pictures nor connect them selves with gambling resorts; in a word, that the saloon must not ba a nuisance. The preen of the country bas so declared, the ministers have ao declared, the law and order leaguea have ao declared, the great conservative element In society has ao de clared These forcea for good are all powerful In society, and our trade cannot . afford to oppose them. President Gilmore concludes his re markably clear summary of the situa tion with- the statement - that - "our trade needs a housecleanlng, and we should aid the good work along. The saloon that Is run in violation of the. law, or of decency should be put out of business, and the better element in ; the. trade should continue to lead in the reform." These plain facts, so tersely stated by Mr. Gllmore. have been understood by the more Intelli gent liquor men for a long time; but the Ignorant and disreputable element have not yet learned the lesson, nor will they be convrnced of their error until aatill larger area throughout the country becomes "dry." Portland's regulations of the liquor traffic as provided by law are not un reasonable, and when they are subject to continued and flagrant violation the effect la to drlva into the prohibition forcea at election time large numbers of broad-minded people who under other conditions would have refused to vote with the temperance people. If the, saloon men do not wish to have their privileges still further curtailed and their territory still more reetrict- ed. they will do well to adopt the sug gestions made by Mr. Gllmore and Join forces with the authorities In the pros ecution of every lawbreaker in the business.- SUPREME COI RT AJTD IN OMK TAX. We have from Kalama (Wash.) an Inquiry as to the decision of the Su preme Court of the United States on . v.. ir.nr.Tno fa- and S tO the Political or party association of the Judges who divided on it. . There were nine Judges. Chief Jus tice Fuller delivered the opinion against the constitutionality of the tax. -. Field, Gray, Brewer and Shiras coin- j cided. ' The dissenting Judges, who stood for I the constitutionality of the tax, wera 1 Harlan, Brown. Jackson and White. Chief Justice Fuller, who delivered the opinion, was and is a Democrat. He was appointed by President Cleve land. Justice Field, of California, also a Democrat, was appointed by President Lincoln. Field's opinions, throughout his whole career, were among the clearest and ablest ever de livered from the Supreme Bench. Grav, Brewer and Shiras. whoso opin ions" agreed with those of Fuller and Field on this question, were Republi cans. Of the dissenting judges, Harlan and Brown were Republicans and Jackson and White were Democrats. Observe that of the five who turned the Income tax down two were Demo crats. One of the two (the Chief Jus tice) WTOto the opinion. Hencer the, assertion of several eminent Demo cratic campaigners ' in Oregon and Washington, including that of our" dis tinguished friend, Alex Sweek, Jurist, chairman also, and right-hand man of the great Governor of Oregon, and prospective Senator. that the decis ion against the Income tax-was made by a Supreme Court whose members divided on party lines the Republi cans pronouncing against the tax and the Democrats upholding it is only just about as erroneous as everything else in Bryan campaign literature and effort. yet perhaps not more so. It might be stated that the minority dissented only on unimportant and secondary points. But it is not neces sary to go into this detail. DISTRIST, AND THE REASON. Much indignation Is manifested by supporters of Mr. Bryan against those citizens who express apprehension of unfavorable consequences to the busi ness of the country, should Bryan be elected. There is no need of any dis trust whatever, they exclaim, for Mr. Bryan will earnestly desire a success ful administration, which will be Im possible except in a period of pros perity. And besides, who can imagine that he would wish to sea the prosper ity of the country arrested? This does not meet the point of dis trust. They who have the apprehen sion about Mr. Bryan do not suppose him an intentional wrecker. They think he has defects of judgment and of temperament that unfit him for the great office. It Is known that he has advocated doctrines dangerous to the Nation; and distrust of his qualities for the Presidency cannot be answered nor removed by assertion of his good Intentions. The remembrance of Mr.e Bryan's assaults on the gold standard, as "a conspiracy against the human race," and the fact that he has not aban doned his "bimptallsm," would alone explain, as the Chicago Tribune Justly puts it. "the profound distrust of him among business men. Investors, and all voters who sufficiently realize their In terest In the restoration of confidence." Again, as the same journal remarks, the dangerous character of Mr. Bry an's political judgment is not revealed by his financial heresy alone. His declarations on the subject of Gov ernment ownership of railroads are also kept- in mind. On this socialistic doctrine, as on the money standard, ha is silent for the present, but the remembrance cre ates apprehension, which is not re lieved by the features of his present platform, which more or less threaten business stability and cause men to say. "Wait till w know whether Bryan Is to be President, or not." Nobody supposes the country will sink in any event- But Bryan's can didacy Is a source of fear and distrust throughout the country. Nobody, how ever, has apprehension of any ill con sequences to business, industry and In vestments from the election of Taft. Bryan has made himself known, dur ing many years, as a revolutionary radical. Herein Is the reason of the distrust. THE RET CRN OF PROSPERITY. The surplus revenues of the New York Clearing-House banks for the week ending last Saturday were 132. 880,000 in excess of legal require ments, and had reached a total of $387,413,000. The statement was par ticularly Interesting, as it is the last to appear before the anniversary of the rich man's panic, which played such havoc in financial circles one year ago. The marvelous recupera tive powe'rs of the country are no where shown to better advantage than in the figures for last week as com pared with those for a year ago. The big slump In reserves came in the last week in October, and between Octo ber 26 and November 2 the reserves shrank from ,254,000,000 to ,224,000, 000, the figures being nearly J39.000, 009 below the legal requirements. - This shortage In the surplus reserve reached J52.000.000 at the end of the week of November 9, and on Novem ber 23 touched high-water mark with a shortage of 154,000,000 below the legal requirements. That date marked the turn of the tide, and between Jan uary 4 and January 11 there was a sudden Jump in the reserves from nearly $12, 000, 000 under legal re quirements to more than $6,000,000 in excess of those requirements. From that date the financial condition began to improve, and the last week in June, before- the crop-moving demands be came very heavy; the surplus above le gal requirements had reached the great total of $66,000,000. Since that date the demands for crop-moving and other purposes have reduced the size of this surplusabout one-half. It still remains far enough above the amount required to indicate a great plethora of money, and, as the de mand for crop-moving funds is about over, it is hardly probable that it will be reduced. The prosperity of New York, which in degree always reflects the prosperity of other parts of the country. Is shown in deposits in the clearing-house banks and other banks and trust companies of more than $2,600,000,000. The trust companies, being exempt from the regulation of the clearing house banks, are not carrying such large stocks of cash on hand, but the total cash held by all of the New York banks Is in excess of $500,000,000. There will be no material reduction in the six of this surplus reserve that remains Inactive and comparatively useless until after the election of Mr. Taft. It will then get back Into the channels of trade, where It can be earning something. There is an abun dance of money in the country, and all that Is lacking to get it to work Is the possibility dally becoming more faint, but still a possibility of Bryan's election. With that uncertainty re moved, the last vestige of the rich man's panic of a year ago will speedily vanish. ROOSEVELT'S BIRTHDAY. Mr. Roosevelt at 50 may reasonably expect to enjoy thirty years more of life and work. Tn all essentials he is still a young man. His physical vigor Is unimpaired. Mentally it Is- quite likely that he has not yet reached the acme of his attainments. We may ex pect his mind to grow for some years yet and his character to gain In judi cial poise though not In decision or conviction. Thus far it Is the militant side of Mr. Roosevelt's being which has been most conspicuous. As the years pass the philosophic, reflective side will appear. His conduct has been guided in the past more by sound instincts and innate principles of Jus tice than by deep study or wide In formation. Leisure will give him an opportunity which he haa never- seen since the day of his boyhood to read, to ponder, to theorize. What will be the fruit of the medi tations of that wonderful brain upon the problems of life as they present themselves to our generation? Will his mature philosophizing confirm his instinctive convictions? Will he re main 1n his riper years the same pro tagonist of the square deal which he became in his youthful enthusiasm? Or will age bring to him that same chilling of the sympathies and harden ing of the heart which it has brought to so many others? Roosevelt cham pioning the rights of money against the rights of man would be a startling spectacle, but one not by any means unheard-of. Still it Is more likely that he will develop as Gladstone did, be coming more, and more liberal with advancing years and deeper study. Gladstone died the revered leader of the Radicals, whom in his youth he abhorred. Roosevelt has had much to say against the most radical of our great parties. Would It not be Inter esting if his 80th year found him their leader? MK- TAFT'S RECORD. There is an article In the September McClure's by George W. Alger which 'the President advises Mr. Gompers to read. It gives an account of Mr. Taft's labor decisions with some in structive comment upon them. Other people besides Mr. Gompers might find the article edifying, since it clears up much misrepresentation and pre sents the respective rights and duties of both labor and capital with admir able temper and clearness.' The Ore gonlan reprints this morning enough of Mr. Alger's essay to give a con nected understanding of his train of thought, but it will be well for the reader to turn to the magazine and go over the omitted sections also. Mr. Alger Is not a partisan. He has written much on social topics and in everything he has published there Is a deep sympathy with the trials of the worklngman and an unmistakable de sire to see his condition bettered. No writer of recent times has more clearly perceived the shortcomings of the courts in their "labor" decisions or has criticised .unjust judges more boldly. In this very article Mr. Alger pillories the West Virginia Judge, who, in 1902, calumniated the Miners' Union and forbade the striking men to assemble on the highways. This bit terly biased jurist declared when he made his order that no injunction had ever issued in a labor case which was not Justified by the facts. Mr. Taft says this statement is not true. He knows of many injunctions which were never Justified, and some of them he has himself dissolved. "J agree," he says, "that there has been abuse in this regard." Mr. Alger points out that the coun try could not be well governed under an administration which represented a class, whether this class consisted of the laborers or the capitalists. The President must stand for all sections of the Nation and all ranks of the peo ple. In Mr. Alger's estimation, Taft's greatest merit is his universally repre sentative character. In his decisions when he was a Judge he held the balance even between the workmen and their employers. Neither side re ceived any special favors from him, and to both he meted out the same unwavering Justice. Surely this was all that a fair-minded man could have asked of him. Is it honest or patriotic to expect Judge on the bench to load the scales of Justice? If one Judge loads them for the advantage of labor, who can complain if his col leagues do the same for capital? We have had enough of bias and shiftiness In the courts. Let us do away with it altogether. Let our Judges be ap pointed not upon the recommendation of Mr. Archbold, of the railroads or of the labor unions, but solely because they are great lawyers and courageous men of unblemished integrity, and then all the courts will begin to meas ure up to the standard which Mr. Taft set long ago when he was on the Fed eral bench. In the .current number of The In dependent there is a significant article entitled "The Issue Behind the Is sues." Mr. Taft is singularly qualified for the chief magistracy of the Nation just at this time because there Is much reason to believe that he understands the issue behind the Issues. He recog nizes the struggle of the people to cast off the entanglement of false repre sentation which thwarts and baffles their best efforts. Roosevelt is im measurably popular because he has aided the voters to escape from the enchantment of delusive politics and come face to face with pvbllc ques tions. Taft would do the same thing. He would work Just as vigorously and perhaps even more wisely than his predecessor to emancipate the Nation from the thralldom of dishonest rep resentation. He would labor just as earnestly to save us from that slavery to precedent and forms which the privileged interests have sought ' to Impose. Mr. Taft Is a man of reali ties. Dead technicalities which mock the substance of Justice mean nothing to him. If he is elected President, he will be'a great reforming power in the Government. No laboring man need fear that Mr. Taft will not hold the balance of Justice perfectly even be tween him who works and him who employs the worker. The German steamship Dieke Rick mers, carrying 7000 tons of wheat and drawing twenty-five feet of water, crossed out of the Columbia Sunday without feeling the ground or experi encing the slightest difficulty. The gasoline schooner Delia, drawing about seven feet of water and carrying about twenty tons of produce, while .w.ciMa- intA th river a. dav later struck on the sands at the lower end of Sand Island and narrowly escaped destruction on Clatsop Spit. These two Hems pair off to excellent advan tage, and are referred to some of the Columbia River "knockers" who have a tendency to magnify the mishaps that are occasionally noted at the entrance of the Columbia as well as in all other ports where there is a considerable tonnage moving. When a twenty-ton schooner grounds near a channel through which a 7000-ton steamer passes In safety without dif ficulty, the odium of the disaster can not be placed on the channel. Governor Patterson,, of Tennessee, seems determined to make night rid ing, arson and murder very unpleasant In his state. He has already succeed ed in rounding up more than sixty of the cowardly assassins who partici pated In the lynching of an unarmed man, whose only offense was his re fusal to allow trespassers on his prem ises. It is, of course, quite plain that any man who would, under cover of darkness and behind a mask, commit a dastardly crime, is a physical as well as a moral coward. Fear of punish ment maintained by the actual inflic tion of a penalty Is the only deterrent from a general epidemic of outrages of the Tennessee type, and the dark hues which the night riders have given this blot on our civilization will be brightened a little if punishment swift and ample, is inflicted on every guilty man In any way . connecteij with the outrage. Negotiations for the purchase by Miss Elkins. of Virginia, of the Duke of Abruzzl have apparently been com pleted, and the transfer will take place at Baltimore In the near future. The reported reluctance of the King of Italy to giving his consent, to the marriage has all vanished, and the American millions which go with Miss Elkins will be received with a hearty welcome. The previous hitch in the negotiations was probably caused by desire on the part of Italy to get more of a bonus. While this country Is, of course, a gainer by the removal of such snobocracy as the Elkins trash, from an economic standpoint Italy gets far the best of the transaction. Italy "getta da mon," while we. get nothing but the disagreeable reputa tion for trading our cash and females for moth-eaten European titles. Weyerhaeuser, the timber king, is said to contemplate following the ex ample of Mr. Harriman by building a Summer resort In the Klamath region. The lumber king, like the railroad king, will be welcome, and if he does as much "boosting" for the scenic beauties and hunting and fishing pre serves of Oregon as Mr. Harriman has done, we shall eventually have a large colony of Eastern millionaires spend ing their Summers and some of their money with us. Localities In which the natural surrounding and the fish ing and hunting possibilities are ideal are by no means confined to the Klamath region, for the entire coast country from the Columbia River south abounds In undeveloped Sum mer resorts of wondrous beauty. Democratic organs declare that Re publicans everywhere who have voted nothing but the Republican ticket for thirty years are now open and pro nounced advocates of the election of Bryan. Well, publish a few of their names. In 1896 and in 1900 The Ore gonian published the names of scores of Democrats who were openly advo cating the election of the Republican candidates. And they were the names of prominent men, too. If there is such a slump of Republicans to Bryan, surely there are some whose names would be recognized by the voters of Oregon. sntleSan's i The "gentleTfian's agreement, which ha3 become quite a feature In modern trusts, has resulted in the conviction at Seattle of a milkman who had ef fected a combination with other milk men by which the price was lifted from 8 cents to 10 cents per quart. SThe unfortunate man who was thus caught in the attempt to "milk" the publio was fined $500 and sentenced to ten days in Jail. The case should serve as a warning, and if any other Seattle milkmen have a hankering for Increased profits, they will probably secure them from the old, reliable method of dilution. ' Those Who do not like The Orego nian's estimate of the vote of Oregon next month are at liberty to compile and publish estimates of their own. But it is likely that they will not get much credit unless they happen to conform to The Oregonian's figures. The unlawful trusts are all support ing Taft, remarks Candidate Kern. Then the lawful trusts are doubtless all supporting Bryan.. That will make It easy for Bryan to separate the sheep from the goats when he is Pres ident. The Mayor of Seattle is horrified to learn that gambling has been going on there right under the nose of the po lice. If the Mayor will look around a bit, he will find out that that is where gambling usually is done. Mr. Archbold didn't expect those Judges ever to do anything for Stand ard Oil and never asked them to. Mr. Archbold would have the country think he is "easy," but the public isn't as easy-as that. There is no way to account for the persistent refusal of the Elkins family to acknowledge the engagement of their daughter to a foreign Duke ex cept on the ground that they are ashamed. Astoria denies it and says It treated Cap. Hobson well. We believe it. But why did they send Hobson here, where the Japs might "git" him? Though perhaps that is the reason they did send him. Bryan narrowly missed running into Taft "in a New York town Monday. But there should be room enough in New York for both before Novem ber 3. Two women publicly kissed Mr. Bryan right on his fair young cheek. And Hobson four thousand miles away, where the women know better, it 1 - When Mr. Bryan is through here, ha might go to Russia and run for Czar. He would have Count Leo Tolstoi's support There are a few more questions Mr. Chanler would like to ask Governor Hughes, but he can't think of them now. . . Rights of a Neutral Public During Labor Strikes Attitude of Judge Taft in Three Famous Injunction Cases, Toward Organized Labor His Decisions Now Quoted on Behalf of Union Labor. " This is the artic.e that President Roosevelt honestly wished Mr. Gompers to read,' as stated in yesterday's dis patches. It Is by George W. Alger, another of "Moral Overstrain." and was published in McClure's Magazine for September: , It happens that all the so-called labor decisions which Judge Taft made when on the bench involve directly and primarily the rights of the general ! public and of outsiders having no di rect part In any industrial quarrel, who against their will have been drawn into the warfare between capi tal and labor. In deciding these cases It has been necessary not only to con sider the rights of labor in industrial disputes, but to paaa upon tlie right of tfie general public and of disinter ested ontatdera to ba let aleae. Veto to Economic Excommunication. The first of these cases was one decided by Judge Taft In 1890. when he was a Judge of the Superior Court of Cincinnati. A bricklayers' union in Cincinnati, haviflg about 400 members, had a dispute with the firm of Parker Broe.. contracting bricklayers. The union wanted Parker Bros, to pay a fine it had Imposed, upon one of their employes who was a member of the union, to reinstate an apprentice who had left them, and to discharge another apprentice. Parker Brothers refused V do so. A strike was accordingly called. The union also declared a boycott against Parker Bros., and its business agent issued a circular to material men, contractors' and owners, which concluded with this announcement: "Any firm dealing in building materials who ignores this request is hereby .notified that we will not work his ma terial upon any building nor for any contractor by whom we are employed. (Signed) - Bricklayers' Union No. 1." One of the contractors to whom this notice was sent was the Moore Lime Company, engaged in selling lime In Cincinnati. Parker Bros, were cus tomers of the Moores and the Moores continued selling lime to them, not withstanding the notice.. Another cir cular was then sent out by the union to Its members, which read as follows: "Bricklayers Union No. 1, Ohio. We, the members of the bricklayers' union, will not use material supplied by the following dealers until further notice." And in the list they put Moore & Com pany. The effect of the circular was to interfere with Moore & Company's business and to cause loss to thelp cus tomers, who feared a similar fate. On these facts, the Moores sued the union for damages, which they claimed had been done to their business by a wrongful and malicious conspiracy. The case was tried by a Jury, which gave the Moores $2250 damages. . An appeal was taken by the union to the Superior Cojurt of Cincinnati, where Judge Taft presided. The facts just related show the Issue Involved. The. Moores' employes had no grievance against them. The- only grievance which the brickjayers had against them was that they refused to permit themselves to be used as a battering-ram in an assault on Parker Bros. The union insisted on the right to boycott Moore's Lime Company be cause Moore's Lime Company would not assist them in injuring the Parkers. Judge Taft decided, as other Judges have decided in many cases, that such a combination to - Injure the Moores was without Jnat cause or legal excuse and was Illegal. This, so far as the Moores ' were concerned, was not a strike case, but a boycott, and In his decision Taft was very en refill to draw the distinction and so ezpreis hlroaelf that the lesal rights of labor In a law ful strike ahould not be Impaired. The doctrine of excommunication, the great engine of the church in the Mid dle Ages, has not been revived and transferred from the Pope to the labor unions. " Engine-era' Famous "Rale 12." ' The next decision of Taft's in a labor dispute came after his elevation to the Federal bench, and again involved the same principle the extent to which the rights of a third party against whom neither labor nor capital has any griev ance, can be impaired by involving him against his will In labor disputes. 'Jhis case arose out of a strike of locomotive engineers on the Toledo-Ann Arbor Railroad In 189S. The. strike had been called after numerous conferences be tween the railroad officials and Mr. Arthur, the representative of the Brotherhood of Locomotive Engineers. It was a legitimate strike, as against the Toledo-Ann Alrbor Railroad, for higher wages. The phase of the con troversy which came into court for Judge Taft's consideration, however, was not the strike itself, but gvw out of an attempt by the union to compel other railroads to refuse to receive freight from the Toledo Road and thereby paralyze that road and coerce it into granting the demands of the engineers. Some of these railroads thereafter notified the management of the Toledo Railroad that, in view of the threat ened actions of their own engineers, they would be obliged to discontinue receiving or forwarding freight for the road. The Toledo thereupon obtained from Judge Taft, in the United States Circuit Court, an injunction against the Pennsylvania Railroad and other rail road companies, enjoining them from refusing to handle its freight and com manding them to perform their rail road functions as required by the In terstate Commerce act, which made It criminal offenae for connecting rail roads) to refnae to receive or tranaport freight from- one another's linea. Mr. Arthur was made a party, and the in junction Issued, and sustained after hearing, directed him to rescind his order putting into effect rule 12 Of his organization. The decree did not re quire the employes of these other rail roads to continue to work for the rail roada if they saw lit to atriker but It did require them, as long as they were in the employ of those railroads, to handle the freight of the Toledo Rail road as they would the freight of any other road. The opinion which Judge Taft wrote In this case is a long one. He quotes the provisions of the Interstate com merce act. which clearly made it a criminal offense for the officers, agents, or employes of any of these connecting roads wilfully to refuse to receive and transmit , the freight of the Toledo Road, and' declares that the attempt ef the locomotive engineers to eempel the railroads to commit this criminal of fense thrasgk thla rule 131 waa unlaw ful. 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 ot Rule 12 and Us enforcement, not only, as will presently be seen, because Jt assists In determlnlne 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 compote the Brother hood of Locomotive Engineers, as well aa to their usually conservative chief officer, what wa cannot believe they appreciate, that notwlthatandlng their perfect organiza tion and their charitable, temperance and other elevated and useful purposes, the ex istence of Rule 12 under their organic law makes the Brotherhood a criminal con spiracy against the lawa of their country. The Brotherhood of l,cmotlve r.n arlnerra ncunleaced In the criticism of thia section of their lawa and removed It. The fact that this organization is in existence today, unimpaired In pow er and authority throughout the Amer ican railroad world, la an Indication of Its wllllnjtneaa to reeoarnlae and obey the law of the land. Its conduct in sub sequently withdrawing the rule shows that Judge Taft was Justified in set ting forth with such painstaking clear ness 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 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 waa one managed In entire disregard of the law, the courts and the public. Eugene V. Debs, the chief agent of that organization, the American Rail way Union, is today the Socialist can didate for the Presidency. In the Pull man strike of 1894 Judge Taft sent one of Debs' chief assistants Phelan to Jail for six months. If his judicial con duct in this matter merit criticism, here are the facts on which that criti cism must be based: Some of us have fairly hazy notions today as to the Pullman strike and what it was all about. . It began in May, 1894. The employes cf the Pull man Company, engaged in making cars at Pullman. 111., went on a strike be cause of the refusal of the compacy to restore wages which had been re duced in the preceding year. The American Railway Union, which then comprised some 250,000 railway em ployes which Debs had organized and over which he was master in control, later indorsed this strike and started in actively to make it a success. The principal means by which that success was sought was by declaring a boycott on Pullman care. Phelan came to Cincinnati to carry on this warfare against the Pullman Company by paralyzing. If he could, all the railroads centering there. He did not stop even with the railroads using Pullman cars, but ordered a strike against the Big Four, which used none of these cars. On the day Phelan called the strike In Cincinnati, Debs tele graphed to him to let the Big Four alone if it was not using Pullman cars, to which Phelan answered: "I cannot keep others out if Big Four is except ed. The rest are emphatic on all to gether or none. The tie-up Is success ful." Debs replied: "About 25 lines are paralyzed. More following. Tre mendous blockade." A fow days later Debs telegraphed: "Advices from all points show our position strengthened. Baltimore & Ohio, Panhandle, Big Four, Lake Shore, Erie. Grand Trunk, and Michigan Central are now in the fight. Take measure to paralyze all those which enter Cincinnati. Not a wheel turning between here and the Canadian line." "Starvation of a Nation" Illegal. On the day that Debs telegraphed Phelan to take measures to paralyze all those lines which entered Cincin nati work which was already well under way at the very crisis of the strike, on the application of the receiv er 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 ar rested by an order of Judge Taft for inciting the employes of the receiver to quit their emploj-ment and for urg ing 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 waa an unlawful and criminal conspiracy, and that, 'for his acts in maliciously inciting the employes of the receiver, who was operating the railroad under order of the United States Court, to leave his employ in pursuance of that unlawful combina tion, 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 per sonal ends, had trampled upon the rights of the public. 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 whp believe that the atarvation of a nation la within the rlghta of labor engaged in a private quarrel muat tell u wherein thla Judge did wronar. - These three 'cases are legal land marks showing the limitations of in dustrial warfare. They are what the lawyers call "leading cases." They lay down clearly and dispassionately the law vrhlch marka the rlghta of the public to remain unmolested by the conflict of labor and capital at war. Such decisions are in American law what the Treaty of Paris Is in the law of nations a declaration of the rights of neutrals. If, as a candidate for the Presidency, Mr. Taft is to suffer from unpopularity created in any quarter by these de cisions which he made as Judge, he must endure it, for the search for pop ularity Is not a part of the functions of a Judge. The two qualities which make a great Judge are wisdom and moral courage. No great Judge ever lived who did not possess them both. When the Phelan case was on trial before Judge Taft, It was a time of tremen dous excitement. It was the very crisis of a great strike. - The friends of the Judge feared for his life and asked him not to read his decision from the bench. He read It. The last sentence Of that decision directed the Marshal safely to convey Phelan to the Warren County Jail. When he read that final sentence he turned to the packed court room and looking squarely into the an gry faces before him, said: "If there Is any power in the Army of the Unit ed States to run those trains, the trains will be run." To thoae who honor Judi cial courage no leaa than Judicial wla dom, aach occasions deaerve to be re called and remembered, for they are part of the great traditions of the bench. But these decisions are not solely declarations of public risrhts. They con tain statements of the lesal rlchts of I labor organizations in strikes, statod so clearly that the decisions have been rlted time and again In anhaequent liti gation by labor organisations them selves aa precedents In their favor. They afflrm unequivocally the right of labor organisation to atrlke to better the condition of their members, and the right to use peaceable persuasion to prevent other employes from taking the place of the strikers, a risht which in some Jurisdictions, particularly Penn sylvania, has heen denied. The Right to Strike. Quite apart from his judicial de cisions, Taft's position on the strike question is clearly stated In public ad dresses. Last January, at Cooper In stitute, he said to an audience of work inginen: ."Now what Is the right ot labor unions with respect to the strike? I know that there has been at times a suggestion in the law that no strike can be legal. I deny this. Men have the right to leave the employ of their employer In a body in order to Impose, on him as great an Inconvenience aa poaalble to Induce Mm to come to their terms. They have the-right in their labor unions to delegate to a leader power to say when to strike. They have the right in advance to accumu late by contributions of all members of the labor union a fund which shall en able them to live during the strike. They have .the right to use persuasion with all other employes who are invit ed to take their places in order to con vince them of the advantage to labor of united action. It Is the htiainesa of the courts and the police to respect these rights with the same degree of care that they respect the owners of capital In the protecilou of their prop erty and business." Ko public man has placed himself more clearly on record on the so-called injunction queetion. In his Cooper Union address lie said: But it to said that the writ of Injunction has been abused In this country In labor disputes snd that a number of injunctions have heen iessued whii-h oueht never to have been issued. I arce that there has been abuse In thie regard. President Roose velt referred to it In his laet message. I think It has grown largely from tha practice of I isulng Injunctions ex parte, that Is. without giving noticf or hearing to the de fendants . . . 1'nder" the original Fed eral Judiciary act It was not permissible for the Federal courts to Issue an Injunction without notice. There had to be notice, and. of course, a hearing. I think It would ha entirely right In this class ot caacs to amen.1 th law and provide that no temporary restraining order ahould loupe until afler notice and a hearing. He at the same time expressed him self In favor of having contempt pro ceedings for violations of injunctions heard by a judge other than the one who Issued the injunction. But to the proposal that in such cases the ancient power of the courts to protect their own dignity and authority be taken from them and turned over to juries of laymen selected by Interested parties and subject to ail the passions and prejudices Inevitable In such trials to this he is opposed. The Laborer's Right to Protection. The interests of labor in the law are not confined to strike questions. Its rights in peace are no loss impor tant than In war. The working people fere deeply interested in the enforce ment of laws which protect them against unnecessary dangers In em ployment. The position of Judge Taft on this Important question is best shown by the contrast made by ofrs of his decisions (Narramore vs. C, C C. & St. Louis Railroad Oo.) with the lead ing case in New York on the same sub ject. Both of these cases involve stat utes directing employers to furnish certain specific protection for the safe ty of employes. In both cases the em ployer failed to obey the law which re quired the furnishing of that protec tion. The New York Court of Appeals decided that notwithstanding the stat ute, if the employe stayed at work knowing that the employer had not obeyed the law, and knowing the dan ger created by the employer's failure to obey the law, by the mere fact of his remaining at work, the employe as sumed as a matter of law the risks of being Injured and could have no claims against the employer for injufles so sustained. This construction obviously makes the protective statute a dead letter and absolutely worthless. Judge Taft, in a case In which this same reasoning was advanced, and in which the decision of this New York Court of Appeals was cited as an au thority, refused to follow it and ren dered a deciaion which leaves full vital ity to protective legialation. The case was one in which a railroad company had failed to obey the law which re quired to fill or block frogs and fur nish guard rails on their tracks. The plaintiff, a railway employe, kept at work knowing that 'the frogs were not blocked, and was hurt through the ab sence of the protection which the stat ute required the railroad to furnish him. He had a verdict from the jury, the railroad appealed, and its lawyer, Judson Harmon, argued that the ver dict should be set aside . because the man had kept at. work knowing the railroad's violation of the law, and had therefore, by legal implication con tracted with the railroad to take all the chances of being hurt- Judge Taft refused to follow the New York . case, declaring: The only ground for passing auch a stat ute la found In the Inequality of terms upot which the railroad company and its ser vants deal in regard to the dangers of their employment. The manifest legislative pur pose was to protect the servant by positive law, because he had not previously shown himself capable of protecting himself by contract, and It wa-uld entirely defeat its purpose thus to permit, the servant to con tract the master out of the statute. This case has been cited all over the United States by counsel for workmen injured through the failure of their employers to furnish the protection required by statute for their safety. Judge Taft decided that when a law is made applying to a dangerous busi ness. In which 4000. men are killed and 65,000 are injured every year, the in tention was that the railroads should obey thnt law, and It should not be nulli fied by construction.' In this conclu sion he does not lack judicial support of high character. This, in substance, is Taft's labor record so far as his judicial career is concerned. Its consideration by the general public can be useful but tor one purpose, which Is this: A country like oura cannot a fiord to elect a claas President. It cannot afford to elect a President in whose mind the distinc tion between lawlessness and personal rlghta la not clear and distinct who to please one class will weaken the foundations of the liberty and peace of a whole nation. It can still less afford to elect a President to whom the work ing people are but pawns on the chess board, and to whom prosperity means peace at any price by the sacrifice of the rights of the working people, so long as the mills are at work and prop erty Is secure In the possessions which It has somehow acquired. The enemies of our democracy are at both extremes. We need for President a man who will recognise and protect the just rights of both rich and poor and there by protect American democracy agalast Its clasa enemies. By theae standards . Mr. Taft must be Judged.