Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-04-18
Action Of the United States Circuit
Court in the Case Of Strikers
Held at Dallas,
The strike Ordered for Recognition Of
Secret Organization The
Law on the Question.
Against Violence, Intimidation
aud Bulidoning.
Special to the Gazette.

to-day, delivered the following decision
in the matter Of Timothy Higgins and
others
The Texas 8 Pacific Railway company
Is an insoIyent corporation. At the suit
OF creditors its property, railways and
rolling stock have been taken into the
possession Of the United States circuit
court for the Eastern district Of Louis
lana, TO be held and preserved for the
payment Of liens as they may be estab-
/ lished. In order TO hold and preserve
the property and franchises which make
the properly valuable, Il is necessary TO
operate the same, and the court has APP
pointed receivers 10 operate and mansge
the several lines OF railway forming the
Texas & Pacific railway line, running
from New Orleans TO III paso.
The orders Of the circuit court for the
Eastern district of Louisiana hare been
entered In proper auxiliary proceedings
IN each district through whlci the rail-
way lines extend, and have been IN each
district ratified and confirmed and made
the order OF the United States circuit
court for such district. This railway
property is, therefore, lawfully in the
hands Of the United States courts 10 this
circuit, aud Is entitled TO and must ave
the protection OF the court. The re-
ceivers are sworn officers OF the court,
ana thelr agents and employees In opeTat-
Ing the railway are pro hac vice the
officers OF the court. AS such officers
they are responsible TO the court for
their conduct, and If they willlully iniure
tue property OF endauger it, or seek
TO cripple It's operation in the hands
OF inc receivers, they can and
VIII be made to answer therefor.
AT the same time these officers and the
property of the company IN the custody
OF the court are entitled TO and must
nave the full protection that the court
can give under the laws Of the land and
thisi whether the grievance comes from
wllIhn or without. II any employe Of
tne receivers has any grievance or com
plant as to mis- employment or wages or
treatment he can bring the matter before
the court and the court VIII hear and
aiohIALe and set justice dOue IN the
premises. IL Is Well-seltled law that
whoever unlaNiully iuterfpres with prop
eIty 10 the poss 4sslon OF "A cOdrl 8 guilty
OF contempt OF That court ana
J regard 10 as equally well settled
mat whoever uniaNfully interieres
wan the officers aud agents Of
The court IN the iuil and complete posses.
SION ana management Of the properly Ia
the custody OF the court, is guilty Of
contempt IL court, agd iG Is immlteriel
whether this unlawful Interference comes
~ The way Of actual violence or by ihtim-
lGafion or threats. The employees OF The
receivers, although pro hac vice officers
81 the court, mag Quit their employment
as can the employees Of private paroles or
corporations, provided they do not there
oy Intentionally disable the propertya but
hey must quit peacaply aud decently.
where they combine aud cOnspire to quit
with or without BOiice, VITA the object
and lnlent 81 Gripping the property or It's
operation, / have no doubt thut they
tDereby commit contempt, and all those
VINO combine and Consplre with he en-
p.oyes to thus Quit, or as officials
OF LABOR organizations issue pretended
orders to quiz or 20 strike, with an
intend to embarrass the court in admin.
lsteIlng the property, render themselves
liable for contempt TO the court. Labor
organizations are Lawful and generally
lahdaole associations, bat they have no
legal status or authority and stand be-
fore men and law on no better footing
than other social organizations, aud it is
that they should attempt To
issue orders that free men are bound To
ooeyi aud no man can stand in court of
Justice and shelter himself behind any
such organization from the CONSEQUENCE
Of his own unlawful acts.
IL Is part Of this case and has been
established by evidence taken under tho
direction OF the court that among
III the employees of the ne.
,eiyers in operating over 1900 miles
II railway there was no complaint
made TO the receivers or 10 the court by
my employe, OF bad treatment or Iusuf. |
ioient wages or other grievance, and vet
)rders were issued from secret organ !
zation for all the employees TO quit work, |
% strike, to cripple the operations OF |
great thoroughlare for travel and com /
MERGE; and many employees confederating
md combining did quit, and Induced and |
orced others to quit, and did hinder and |
ielay the operation OF the railway, and |
lid damage the property in the possess |
on Of the court macy thousand dollars |
This action was Il gross contempt OF |
,outt, wholly unreasonable and uniusti- |
liable. The court has learned through
ne newspapers and from certain scandal |
lus ana anonymous circulars that this |
wrong WAS committed because the |
gents Of the receivers had |
discharged as Incompetent and for
.bsence without leave, certain |
mploye, and refused 10 reinstate him az
he demand OF a secret labor organization
which claimed that the discharge was in
'toladon OF an agreement forced upon the
managers OF the road prior to the receiy-
'rship However this may be, deem i.
proper to say that II true the reason is
and such demands cannot be
The Texas & Pacific railway
property is In the hands Of recognized
court of the United States.
uliy able aud willing to enforce It's law
al authority and to protect its officers,
nd that court cannot listen TO the de-
hands OF any secret organization, whether
legged % be social, religious, political or
economical in character. II any empIoye
vas improperly discharged BY the receiy-
rs or their gents, the court
vas open TO hear him, and was
Wiling 10 see Justice done.
10 such complaint has been made and
oubt much II such case exists, but the
lyestigation made under direction of
his court and the development OF affairs
lnce the strike was ords red satisfy me .
bat such alleged reason was mere sham
mr. Nnn,a Al.