Morning journal and courier., 1891-02-16

and their officers and en- |
ployes can be carried into effect until the |
railroad properties are united in definite
sections of the country; as the Old Colony
in south eastern Massachusetts,; The Bos-
ton and Maine in northern New England,
tenn, are now partially united under one
management. The payment Of pensions
to those who may become injured or su-
perannuated while in service, will mako an
additional to tho annual expenditures of
the corporations in each year, and such ex-
penditures must be treated as part of the
operating expenses Of the roads. Such an
increase in operating expenditures will be
a proper charge upon the public because
such improved train service as will be
thereby secured, will give increased efici-
ency and reliability to the public service.
To meet these increased expenditures, when
such new contract relations are established
by statute law between the corporations
and those engaged in train service, it will
become the duty of the federal and state
governments to protect the owners of the
railroad properties in the imposition of
such rates as may be necessary to meet the
increased expenditures.
From time immemorial courts of equity
have had right to enforce by decree, the
specific performance of great variety of
contracts affecting real estate, personal
property, and the personal acts of individ-
uals.
A violation of decree of such a court
under such circumstances is followed by a
confinement in Jail for contempt of court.
Thus courts of equity will compel men to
perform their agreements specifically in
those cases where = remedy at law by dam
ages will be utterly inadequate and leave
the injured party in a state of irremdiable
loss. Under this doctrine men have been
compelled to make deeds of real estate, de-
liver up Jewels, furniture and household
effects, paintings and statues. They have
been compelled to carry on contracts run
ming over = term of years for the delivery
of iron and timber. Railroad companies
have been compelled to build and main
tain archways, bridges and culverts. Men
have been compelled to renew leases, de-
liver up vessels and stores, furnish mate
rails and keep buildings, highways and
the banks of rivers in repair.
A refusal to perform work during term
Of enlistment upon a railroad entails dam
ages and injury for which no payment of
money can be adequate compensation. The
general public suffer more than the corpo-
rations in such cases. There can be no OBJ
| lection to applying the principles which
govern courts of equity in decreeing the
| specific performance of contracts, to prop
er legislation, under which men engaged
in train service shall be compelled to per-
form their contracts during their terms of
enlistment, unless prevented by physical
| incapacity. There are reciprocical obliga-
tons between the general public, the rail
road corporations and the men employed
in train service; all should be protected in
their rights alike. Railroad development,
railroad consolidation and railroad i'm
provenent will 60 on as rapidly in the
next generation as they have in the past.
We shall have learned the lessons OF
experience with but little effect if
we do not find the means for improving
the conditions of train service; and tbs
corporation and tho general public will
meet you and assist yeu in all worthy, in
telligent efforts to make the train service
of this country model for the world. Nc
fraternity of railroad employees in the
country has shown moro intelligent, pro
gressive action than the Indepsnden
Order of Railway Conductors, and if an,
of the suggestions which I have outlined
are ever adopted, to you will belong mucl
| of the credit