Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-10

Judge Speer of Georgia on the Relations Of
Workman and Master.

Judge speer of Georgia on the Relations Of
Workman and Master.
The decision Of Judge Speer, rendered on
Saturday at Macon. Ca, in the case Of the Pc
| tition OF the Brotherhood Of Locomotive En-
gineers to require the receiver Of the Central
Railroad Of Georgia to enter into q contract
with that organization fer the service Of its
members on that road, is regarded by the
brotherhood as signal victory for that organi-
cation. 1t has attracted much attention and
discussion among members Of the bar by whom
1t Is pronounced to be the most far-reaching
declaration upon the relations Of capital and
| labor vet rendered
| POINTS OF THE DECISION.
The following are extracts from the opinion
| Of Judge Speer:
| Cases are frequent where persons entrusted
| with corporate properties have applied to the
| courts for the prevention redress of grew
| ances, threatened Or inflicted by labor organi-
cations. This is the first instance of which we
| have any information where members of such
an organization have by concerted action, in
an orderly way, sought the arbitrament Of a
court to have settled a controversy relative to
| the wages and conditions of their employ
ment. 1t will be observed that much OF the
| receivers answer is an argument against the
property and policy of contracts of any char
! acter between the officers OF railway cor
| porations and the representatives Of labor Or
| CARNATIONS. The gravity and importance OF
the considerations thus presented are exceed
| inSy great. The control, under any circuni-
stances, by the courts Of contracts between
| representatives of the immense values invested
| with corporations engaged in the public duty
| OF transportation and the laborers employed in
the same service will doubtless appear to many
| as novel and dangerous. II is WELL however to
| consider IL N nroyisiDp nv IN he
| courts in the frequent and destructive con-
| ficts between organized capital and organized
labor will not afford the simplest, most satis-
factory and effective method for settlement of
such controversies. Is it not the only method
BY which the public and, indeed, the parties
themselves can be protected from the inevitable
hardship and loss which all must endure from
| the frequently recurring strikes?
RULE THAT WORKS BOTH WAYS,
The power Of the court has always, on proper
occasions, been exercised to protect the proper
ties under its control from the damaging and
unlawful results Of strike of the laborers in
its employ. Certainly, it follows then. that it
Is in the power OF tie court in the interest of
public order and for the protection of the prop
erty under its control to direct a suitable
rangement with its employees or officers. to pro-
| vide compensation and conditions Of their EN-
ployment, and to avoid. if possible. an inter-
ruption of their labor and duty. which would
be disastrous to the trust and injurious to the
public.
There is no reason why the receivership in
this respect should be conducted in manner
differing from the large preponderance of the
successful and prosperous methods OF the
country. Many Of these contracts or schedules
are in evidence. We satisfied from these facts
that such arrangements, under proper restric-
tons, are praisewo thy and beneficial to both
parties, and We, therefore. shall not longer
hesitate to direct the receiver to enter into an
appropriate contract or schedule of rates and
regulations with tie engineers.
This contract however, will not be restricted
to members Of the Brotherhood of Locomotive
Engineers; although membership of that order
is, and will be, no disqualification to service on
railroads under tie control Of this court SO
long as the rules and regulations of the order
arc treated subordinate to the law of the
Land. The contract will comprehend all en-
giueers employed by the receiver, whether
members or non-members of the brotherhood.
RELATIONS or MASTER AND WORKMAN.
1t will not be wise for those engaged in the
maintenance of public order to ignore the
immensely of the changes in the relations OF
the employing and employed classes occa-
sioned by the phenomenal development Of
commerce and the prevalence of labor or
CARNATIONS. We are in this case directly
concerned with corporation and labor
gariZation, and both engaged in railway trans
portation.
In this depar lmcnt Of industry it is re-
ported b. the Interstate commerce commission
that there is invested in the United States
SO. s29, 475.015, or nearly eight times the entire
national debt OF the country. Last year the
railroads Transported 530. 900 600 passenger or
more than eight times the entire population of
the United States The operatives employed
By the railroads number 7s4 600. and it is no
trinirg testimony TO the faithfulness and
efficiency of this mighty army of railroad EN-
ploves that OF the vast population transported
under their care only 293. or less than one two
thousandth of one per cent. lost their lives.
Il is. moreover. true THAI operatives OF
railroad. more than the locomotive engineers,
are charged with the preservation OF life
and property. When are advised by the
proof that thereby 900 OF the locomotive
engineers of the United States (r2cre than 50
per cent? belong TO the brotherhood. it is dif-
icult to believe tina: their membership lessons
efficiency to employers o. fidelity to their
pre,ne duty to the public.
But whether these facts. and other facts
equally well known and equally significant. will
justify governmental control OF contracts
sential to the uninterrupted transportation Of
the country. in which the public is vitality
concerned, II is clear that, where the property
of u railway or other corporation is being adj
ministered by receiver, under the superin-
tending power of a court of equity, it is COM
petent for the court to adjust difficulties be-
tHtCH tEe reviewer anu WHICH. III
the absence of such adjustment. world lend
to iniUre the property. ard to defeat the pur-
pose Of the receiTeTship. Indeed. the power Of
the court TO direct contract between it's off,
GERS does not appear to he questioned.
THE BOYCOTT.
The most important differences between the
parties is RS to the effect upon the duty 20 the
court and property Of the rule of the brother
hood, which is understood by the court to be as
follows
''Twelrth-That hereafter when an issue has
been sustained by the grand chief and carried
into effect by the brotherhood OF Locomotive
Engineers it shall be recognized a violation
OF the obligation if member Of the Brother
hood OF Locomotive Engineers who may be en-
pioyed on 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 or issues Of differ
ence of any nature or kind have been amicably
settled
This rule is understood to have been adop ted
by the brotherhood in Denver three years ago.
In his testimony Mr.. A. B. Youngson. the as
sistant chief engineer, frankly admitted that
the effect OF this rule as applied to the proper
ties In the hands of the receiver and the engin-
GERS in his eyuvIoy ,voDl1 ba FoIinuc. 10,