Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-22

Extraordinary IN its character and, If sus-
tanned, Of greater importance than any judicial
decree Of recent years, is the mandate Of the
United States court at Toledo Ohio, as to the
acknowledgements and promissory-on the
Ann Arbor railroad. should the principles
laid down In the rulings Of Judge Kicks be
upheld by the superior courts the law govern
ing the rights Of employer and employed must
undergo reconstruction There is nothing
complicated in the somewhat startling situa-
ton. The Brotherhood Of Locomotive En-
gineers had ordered its members to boycott the
Toledo, Ann Arbor and North Michigan Rail-
road Company. Several engineers in the en-
ploy Of the Lake Shore and Michigan Cen
tral Company resigned rather than assist in the
shifting Of freight cars belonging to that road,
and other members Of the Brotherhood were
ready to leave their engines before they would
disobey the command Of Chief Arthur. The
Ann Arbor Company applied for q temporary
restraining order against the Brotherhood. and
this was granted by Judge Kicks, who ordered
Chief Arthur to notify the Brotherhood that
the law, bylaw, rule or regulation of that body
requiring its members to refuse to handle Ann
Arbor cars was not in force and is OF no effect.
Similar notice was sent Jasper W. Wilson, who
10 chairman Of the Lake Shore grievance COM
rnittee. Then the court went several steps fur
Their and called for a copy Of the bylaw, rule or
regulation by which the Brotherhood made
known its policy in this matter, which. in brief,
was demand for the books of q secret organ
ization. After the issuance Of these de-
crees ave engineers and three fremen
left the employ Of the Lake Shore company
IraI h., Ia Am
Arbor cars, whereupon Judge Kicks cited the
eight men to appear before him and to show
ca7se why they should not be attached for con-
tempt Three Of them were found almost i'm
media.eiy, and TO them the judge did his ut
most to make plain his opinion that they were
clearly In contempt you are engaged" said
he, sin Q service Of public character and the
public are not only interested in the manner in
which you perform your duties while you con-
tinue in that service, but are quite as much in
terested In the time and circumstances under
which you quit that employment. You cannot
always choose your own time and place for ter
ninatins the relations. II you were permit
ted to do so you might qui. your work
ut o time and place and under circum-
stances which would involve irreparable
damage to your employer and jeopa-dize
the lives Of the travelling public. Your
employers owe . high duty to the public
which they are compelled to perform IN der
severe penalty, the law, and they have, in turn,
higher claim upon you and your service than
that due from the ordinary employe. This
court does not assume the power to compel
you 10 continue your service TO your employer
aentnst your win, but ii does undertaketo COM |
Pei you to perform your whole duty While such
relations continue, and does further claim for
the purposes Of ascertaining whether Its orders
hsss been Violated, the right to determine
when your relation to your employer legally |
Terminated and when your obligations to OBJ |
ssrye this order ceased"
IoIlouing this line Of argument out to its |
rsilroad authorities for the names Of all en- |
sineen and Aremen employed by them and an
1n3unotjon was thsn granted which restraints
each a than from refusing to handle the
fre3yht Of the Ann Arbor. Since then Chief
Arthur has callsd the boycott oa, so far a.
HFothsrhood msmbers are concerned, but 1t is
mot supposed that he has given up the fight
Hsrstu(ore there has been no legal barrier to
1sssrain employers from hastily dischsrging
ths4r foros, or any portion thereof, nor has
thGs-bssn any obstruction in the path Of en- |
pioyss Who desired to quit work without notice. |
Any limitation upon the employees right to
quit work nust apply also to the employers
right to discharge, and viii revolutionize the
present. relations Of employer and employed
under private, voluntary agreements, probably |
to the ultimate dissatisfaction Of both parties.
Thsrs Il danger Of going too far in this med |
ding With the personal rights Of the individual,
even upon the plea of the public welfare. Let
the matter be pushed through the inter-
mediate stages with all reasonable speed, SO
that the decision Of the court Of last resort \
may be bad That alone viii settle the consro-
very.