The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-03-29
The Toledo Gases.


The reports concerning the proceedings
IN the L. ;. courts at Toledo, for the re-
stTsint OF boycotting or striking railroad
men, have been so conflicting that it is
difficult to form q Just estimate Of their
legal significance. In such a case, a very
slight Misrepresentation of the facts, or a
slight change in the words used, might
make a very great difference In the ap-
pearance OF the matter. Probably the
case will be rendered clearer BY Judge
RICKs' decision in the contempt proceed
ings, but until il is We have either novel
and apparently absurd application of law,
or q Misunderstanding of the position of
the court. It is an elementary principle
of law that any conspiracy to do an unlaw-
tul act is unlawful. Under the provisions
OF the interstate commerce law il lie quite
possible that q general agreement
of the employees Of road to
refuse TO receive freight from
another road may be an unlawful act, but
if so it is only because the men hold the
relation OF employees to the road. If they
retain that relation they cannot we'll re-
fuse to do work that their employer is
obliged by law to do
But can thev suspend the relation at any
time? 1t is the ordinary understanding
that they can, and we do not believe that
any court in the country would venture 20
hold otherwise. No law 10 compel men to
accept or retain any kind of work can be
enforced, no matter whether made by
courts or by legislatures, but at the same
time it must be remembered that persons
under contract TO perform work NAV be
punished for breach Of contract by judg-
ment for damages, and in some cases
specific performance of the contract may
be ordered. In the latter case IL the
party directed to do a thing should re-
fuse the court would direct an Of
fcer Of the court 20 do it in his behalf. So
In case the process of the court has at
tached while party is in the relation OF
employe, he would undoubtedly have to
obey the court so long as the relation con-
tinues, and he may possibly be liable in
damages il by discontinuance OF his
work the employer is injured. But we do
not believe that under those circumstances
judge can prevent the employee from re
signing his position. Whatever argument
might be made in favor of such power, ii
is certainly not practicable to make men
work if they refuse. You may do it in pen
itentiaries, but it will never be possible 10
enforce penitentiary discipline on free
men.
Nevertheless. it seems to be the i'm
preston of men who ought to understand
the situation that Judge RICKs is attempt
ing this most absurd undertaking. Chief
ARTHUR would appear to be in position
to understand the issues, and he expresses
his views thus:
If men are not at liberty to Quit work
when az any time it suits their conven-
fence, then certainly the same rule will ap-
ply TO railroad companies and deny them
the right to discharge q man at any time
they choose without consulting his con-
venience or comfort. We are at apv time
ready TO subscribe to any rule that will
apply alike to employer and employee.
If" But does the court hold that ?
Will there be any certainty that he does
until his decision in these contempt pro-
ceedings is announced? II he holds this
he can. Of course, hold it only because the
process OF the court had been served aud
a resignation would be an attempt 10
evade that process, but even that theory
would be an extension OF legal principle
to q point that if ever reached heretofore
has certainly not been commonly known
TO be reached. The government has
from necessity enforced such a doctrine
with regard to certain contracts of
its own, as for example. if q man
enlists in the army be cannot with
draw at will, but must be regularly dis
charged. This is founded on the absolute
necessity OF the case. but no such rule has
ever before been suggested as to private
corporations, and there is not the slightest
posi- ility that suchsa rule could be en-
forced. II Judge RIcKs should decide it
to be the law, and should be upheld by the
supreme court, the legislative department
would unquestionably make 10 not the law
at the earliest opportunity. The idea of
compelling any man to continue in an en-
ploymsnt that is for any reason distasteful
to him is utterly repugnsnt TO all Ameri-
can theories of freedom and the natural
rights of man. Life. liberty and the
pursuit Of happiness" are more sacred than
any importance of tran sporting freight or
passengers. and they will always remain
80 in this country.