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A History of Organized Felony and Folly - The Clarence Darrow ...

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A <strong>History</strong> <strong>of</strong> <strong>Organized</strong> <strong>Felony</strong> <strong>and</strong> <strong>Folly</strong><br />

Right <strong>of</strong> Free Speech<br />

<strong>The</strong> Labor Day address <strong>of</strong> Samuel Gompers on the "right<br />

<strong>of</strong> free speech" <strong>and</strong> his fear that this right would be abridged<br />

by the temporary injunction granted on the application <strong>of</strong><br />

Attorney General Daugherty make it interesting to revive<br />

the attitude <strong>of</strong> one <strong>of</strong> the country's principal unions on this<br />

"right" among its own members. Of course, there is no clear<br />

line <strong>of</strong> demarcation between the right <strong>of</strong> free speech <strong>and</strong><br />

the abuse <strong>of</strong> oral license, but if the provocation <strong>of</strong> a strike is a<br />

right the expression <strong>of</strong> an individual opinion on a legislative<br />

question can hardly be termed an abuse.<br />

Section 11 <strong>of</strong> the "Constitution <strong>and</strong> Statutes" <strong>of</strong> the<br />

Brotherhood <strong>of</strong> Locomotive Engineers provides: "Any member<br />

or division refusing to sustain the <strong>of</strong>ficial acts or<br />

instructions <strong>of</strong> the legislative board, or who circulates or<br />

signs any petition, or who, by verbal or written communication<br />

to railroad <strong>of</strong>ficials or others, calculated to injure or<br />

interfere with legislative matters <strong>of</strong>fered by the legislative<br />

board, or at any time makes suggestions to railroad <strong>of</strong>ficials<br />

or to state legislators that may be detrimental to the interests<br />

<strong>of</strong> the Brotherhood <strong>of</strong> Locomotive Engineers or any train<br />

service organization, shall be expelled, when proven guilty,<br />

as per Section 49 <strong>of</strong> the statutes."<br />

<strong>The</strong> members <strong>of</strong> this brotherhood are admittedly among<br />

the most intelligent <strong>and</strong> dependable workers in the country,<br />

yet their union affiliation denies them the right, granted under<br />

the constitution to millions <strong>of</strong> men <strong>of</strong> lesser capabilities, to<br />

speak their minds freely on legislative issues. <strong>The</strong> issues<br />

whereon the locomotive engineers would be likely to have an<br />

opinion are the issues on which, <strong>of</strong> all others, these men<br />

would be likely to have the best considered opinions. Thus,<br />

not only are they denied the right <strong>of</strong> expressing their<br />

opinions, but the country is denied the advantage <strong>of</strong> their<br />

opinions.<br />

Nor is Section 11 a mere stuffed club to frighten the<br />

timid. In 1916 it proved to be a big stick <strong>and</strong> was swung<br />

freely <strong>and</strong> with disastrous effect on the victims by "Brother"<br />

Stone.<br />

74

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