The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-19
JUDGE PARDEE.
Labor Organizations Are Lawful, but They
Have No Legal Authority.

JUDGE PARDEE.
Labor Organizations Are Lawful, but They
Have No Legal Authority.
Dallas TEX Special.
The following is the full text of the remarks
of Judge D. A. Pardee, in the United States
Circuit Court, in the trial Of the men arrested
in connection with the strike on the Texas 81
Pacific railroad, the Judge first referring to the
condition of the railroad company as bankrupt
corporation in the hands Of the court. and being
operated with all the protection the court could
give:
"The officers Of the property of the company
In the custody of the court are entitled to and
must have the full protection that the court can
give under the laws of the land, and this whether
the grievance comes from within or without.
If any employe of the receivers has any griev-
wages, or treatment, he can bring the
matter before the court, and tho court
will hear and arbitrats and see justice
done in the premises. 1t is well-settled
law that whoever unlawfully inter
feres with property in the possession of
court is guilty of contempt Of that court, and
regard it as equally well settled that whoever
unlawfully interferes with officers and agents or
the court in the full and complete possession
and management of property in the custody OF
tits immaterial whether this, unlawful interior
ence comes in the way Of actual violence or by
intimidation and threats. The employees OF the
receivers, although pro hac vice officers OF the
court, may quit their employment as can em-
ployes of private parties or corporations, pro-
vided they do not thereby Intentionally disable
the property, but they must quit peaceably and
Aecently; where they combine and conspire to
quit with or without notice. with the object and
Intent of Gripping the party or its operation.
AA,& fh1na Inv INIT
tempt, and all those who combine and conspire
with employees to thus quit or as officials or
labor organizations issue pretended orders to
quit or to strike with an intent to embarrass
the court in administering the property, render
themselves liable for contempt to the court.
Labor organizations are lawful and generally
laudable associations, but they have no legal
status or authority, and stand before men and
the law better footing than other social
organizations, and it is preposterous that they
should attempt to issue orders that free men are
bound to obey. No man can stand in court OF
justice and shelter himself behind any such or
ganization from the consequences OF his own
unlawful acts It is part of this case, and has
been established by evidence taken under the
direction of the court, that among all the en-
ployes Of the receivers in operating over ], 300
miles Of railway, there was no complaint made
to the receivers or TO the court by any employe
of bad treatment or insufficient wages, or other
grievances. and yet orders were issued from
secret organization to all the employees to quit
work. TO strike, to cripple the operations Of a
great thoroughfars for travel and commerce,
and many employees. confederating and combin-
ing, did quit. and induced and forced others to
quit, and did hinder and delay the operation of
the railway, and did damage the property in the
possession of the court many thousands OF dol
lars. This action was gross contempt or court,
wholly unreasonable and unjustifable The
court has learned through the newspapers and
from certain scandalous and anonymous circu-
lars that this wrong YVES committed because the
agents of the receivers had discharged as incom-
petent and for absence without leave certain
employee and refused to reinstate him at the de-
mand of a secret labor organization, which
claimed that the discharge was in violation of
an agreement forced upon the managers of the
road prior to the receivership. However this
may be, deem 1t proper to say that IL true the
reason is impotent and such demands cannot be
tolerated The Texas & Pacific Railway prop
erty is in the hands of the recognized constitu-
tional court of the United States. fully able and
willing to enforce Its lawful authority and to
protect It's officers and that court cannot listen
to the demands of any secret organization,
whether alleged to be social. religious, political
or economical in character. If any employe was
improperly discharged by the receivers or their
agents. the court was open to hear him, and was
willing TO see justice done
mo such complaint has been made, and
doubt much If such case exists; but the investi-
CATION made under direction of this court, and
the development Of affairs since the strike was
ordered, satisfy me that such alleged reason was
a mere sham and pretense, and that the real mo-
tive for the order to strike was to compel recog
milton of q certain secret labor organization
(which, by evidence, has been shown to be about
as arbitrary and autocratic in dealing with labor
as the famous Six Companies Of China), as an
existing power, so that its officers shall be con-
suited in the operation and management of rail-
roads In which they do not own any interest,
and on which they do not even pretend to be en-
ployed; and it is an indisputable fact that nine
tenths Of the men obeying the order to strike
we're not aware of the alleged, nor real, reason
which was at the bottom of the arbitrary order.
which was to result in much injury to them
and damage to the public. These present cases
show that peaceable trifing with the courts Of
the land was not sufficiently criminal in the
eyes of many,of the leaders of these misguided
men, and they, with others, have undertaken to
order that railway property in the hands of the
United States Court should not be operated and
managed at all, unless with their consent and
upon their their terms and violence. and intimi-
dation, and bulldczing have been resorted to to
prevent the officers of the court from perform
ing their duties. This intolerable conduct goes
beyond criminal contempt Of court and into the
domain OF felonious crimes; but far as the
court has now to deal with it, it is matter of
criminal contempt OF court. 1t may not be gen.
orally known, but tbs power of the court and the
law In Furnishing such cases is unlimited in
terms in imposing fines or imprisonment; the
extent OF either is matter wholly within the
discretion Of the judge. It is unnecessary to
say that the court has no desire for mere punish
ment, and has no other interest in the matter
than to vindicate the dignity of the court, pro
tect the property in its charge, and that the
Judge shall fearessly and honestly discharge
the duties incumbent on him under the Consti-
tuition and laws of the country. Considering
the offenses, the sentences now imposed are
light; they are, however. substantial warning