The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-04-10
BROTHERHOOD VICTORY.
Far Reaching Decision of Judge
Speer, of Georgia.
THE ORGANIZATION RECOGNIZED.
But the Judge Mt tho Same Time Takes
Occasion to Pronounce tho Rule Against
Hauling Certain Freight Contrary to
\ the Laws OF tho Land.

Occhsion TO pronounce tho hute Against
Hauling Certain Freight Contrary to
the Laws of tho Land.
Judge Speer, in the case of the petition Of
the brotherhood of Locomotive Engineers
TO require the receiver of the Central Rail
road Of Georgia to enter into contract
with that organization for the service Of
Its members on that road is regarded by
the brotherhood as signal victory for
chat organization. 1t has attracted much
attention and discussion among members
of the bar, by whom 1t is pronounced to be
the most far reaching, important and sat
isfactory declaration upon the relations Of
capital and labor yet rendered. After an
nouncing his decision, that the receiver
will be reinstated to enter into the con-
tract petitioned for by the engineers,
Judge Speer discussed at length the in
teresting questions involved. He said:
ut will not be wise for those engaged In
the maintenance of public order to ignore
the immensity of the changes in the rela-
tions Of the employing and the employed
classes occasioned by the phenomenal de
velopment OF commerce and the preva-
aence of labor organizations. We are in
this case directly concerned with corpor-
alton and a labor organization, and both
engaged in railway transportation.
1.-THE operatives employed by the rail-
roads number7si, 900, and it is no trifling
testimony to the faithfulness and efficiency
Of this mighty army of railroad employees
That of the vast population transported
under their care only 293, OF less than
one two-thousandth of per cent, lost
their lives. 1t is, moreover, true that no
operatives of a railroad more than the
locomotive engineers are charged with the
preservation OF life and property. When
we are advised by the proof that thereby
k2,000 of the locomotive engineers of the
United States (more than SO per cent.) be-
long to the Brotherhood, it is difficult to
believe that their membership lessons
efficiency to employers or fidelity to their
supreme duty to the public
ut is clear that where the property Of a
railway or other corporation is being ad-
ministered by receiver, under the super
intending power of court of equity, it is
competent for the court to adjust difficult
ties between the receiver and his employees,
which, In the absence of such adjustment,
would tend to injure the property and to
defeat the purpose of the receivership.
Indeed. the power OF the court to direct n
contract between its officers does not ap-
pear to be questioned. Most important
difference between the parties Is as to the
atfect upon the duty to the court and
property of the rule of the Brother
hood which is understood by the court to
be as follows:
"'That hereafter when an issue has been
sustained by the grand chief and carried
into effect by the Brotherhood of Locomo.
tive Engineers, 1t shall be recognized as u
violation of the obligation ii member of
Aha b.r rbsn1 of Iprn,pnti,-a Enf
who may be employed on a railroad run in
connection with, or adjacent to, said road,
TO handle the property belonging to said
railroad or system in any way that may
benefit said company with which the
Brotherhood Of Locomotive Engineers are
At issue until the grievances have been
Amicably settled
''Now there cannot be doubt that this
rule of the Brotherhood is in direct and
positive violation of the laws of the land,
and no court, state or federal, could hesi-
tate for a moment SO to declare. 1t is
plainly a rule or an agreement i'll restraint
of trade or commerce. A combination OF
persons, without regard to their occupa-
tdon, which would have the effect to defeat
the provisions of the interstate commerce
law, inhibiting determinations In the
transportation of freight and passengers,
would be obnoxious to the severe penalties
OF the statutes
SIT will be practically impossible here
after for a body of men TO combine to him
der and delay the work of the transporta-
ton without becoming obnoxious to the
provisions of these laws; and a combina
tion or agreement OF railroad officials or
other representatives of capital, with the
same effect, will be equally under the ban
of these penal statutes. Organized labor,
when injustice has been done or threatened
to its membership, will find its useful and
valuable mission in presenting to the
courts of the country strong and reso
lutte protest, It's membership need not
Doubt that their counsel will be heard nor
that speedy or exact Justice will be admin
tstered wherever the courts have jurisdic,
ttOn