The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-23
HOW TO BEACH TRUSTS AND STRIKES.

HOW TO REACH TRUSTS AND STRIKES.
Every new strike that interrupts the rela-
tions between capital and labor, and causes
general inconvenience and disaster in business
circles only hastens the time when such
thing will not be possible, because it will not
be permitted. The business interests of the
country are too large and too important to be
subjected to such chances The public well
fare is paramount consideration. tits mon
strous that the business interests of the entire
country should be liable to be paralyzed or
sacrificed by a single class acting under the
arbitrary orders of an irresponsible head of an
Irresponsible organization.
The people have suffered enormously from
selfish combinations of capital in the form of
trusts and corners" but combine of labor
may be as mischievous and dangerous as a
combine of capital. The public is entitled to
protection against both. How to get such
protection is one of the great problems of the
day. The difficulty is in legislating for
CARNATIONS of private individuals in their in
dividual capacity. Most organized capital is
ization, is subject to legal control. Every
railroad in the United States is subject to the
interstate-commeree Law, but the Brotherhood
OF Locomotive Engineers, an irresponsible
organization without any legal existence,
practically nullify the inter
state law and derange the entire rail-
road business of the United States and nothing
can be done with it. It cannot be summoned
into court served with process, sued for dam
ages or for breach of contract, because it has
no legal existence. A railroad company that
makes contracts with the engineers or with
the public can be sued, but the Brotherhood
cannot be. A few days ago, when Chief Ar
thur was summoned before a court to answer
in his official capacity for certain alleged acts
committed against railway and commercial
rights. his attorneys answered for him that
the Brotherhood was not an organization or
corporation within the meaning of the law;
that it could not be held to answer for any
thing organization; that it had no legal
existence as such, and that although its
members acted in concert to secure certain
ends, they would have to be'enjoined each in
his individual capacity from committing ille-
gal acts. The court held that this position
was entirely tenable, and thus by Chief Ar
thurs plea and by the decision of the court the
Brotherhood has no legal existence. It is
simply voluntary organization of private
persons in their individual capacity. The
Brotherhood is organization of tremendous
power, great wealth and large capacity for
mischief, as events have shown, yet when its
salaried chief, who issues arbitrary and auto
cratic orders affecting the railway traffic of
the entire country, is summoned into court
he pleads that the Brotherhood has no legal
existence. What is this but a labor trusta
It is precisely the attitude Of the Standard
Oil and other trusts in regard to legal service
They are not incorporated, and having no
legal existence they claim immunity from the
law. Laws which are made to control incor-
porated capital are a shield of defense for
trusts. They hide behind enactments that
legal organizations have to meet and comply
with. Thus, under the brazen assumption
that it has no legal existence, the Standard
Oil Trust bids defiance to laws and courts
How does this differ in principle from the
position of the Brotherhood of EngineersP
Because the Standard Oil is not incorporated
it is free to make war on all other corpora
tions. Because TIE Brotherhood is not incor-
porated it is iraa to declare war against all
railroads and to tie up the traffic of a CONT
nent. There other trusts defiant as the
Standard Oil, and other labor organizations as
irresponsible as the Brotherhood They are
all outside of the law. They should
all be brought under the operation and
control of law. IF this cannot be done while
they are unincorporated they should be re-
quired to incorporate. Nei&her combinations
of capital nor combinations of labor should
be permitted to exercise the powers of a legal
organization without mourning it's response
bilities and liabilities. If necessary law
should be passed giving new definition of
the word corporation, and declaring what
kind or degree of concerted action shall con-
law. Neither capital nor labor should be per-
mitted to combine for aggressive purposes on
a large scale and in a spirit Of hostility to the
public welfare or the interests of others, with
out being held amenable to the law for their
acts.
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PRACTICAL TEMPERANCE.