The Helena independent., 1893-12-22
NO STRIKE POSSIBLE.
a Gard From Judge Cui1ss on the North
ern Paciiio Situation.

NO - AxA lOkJCxO1lNs
4 Card From Judge Cui1ss on the North
ern Pacific Situation.
To The Independent.
read With interest your temperate and
timely article In this mornings lSDEPExD.
sNT relative to the probability Of strike
on She Northern Pacific railroad the 6Sst
OF the coming month on account Of the 70.
duction In wages paid employees whish
takes eject st shat time. think you are
quite right In your conclusion that ws may
safely rely upon the good sense Of the men
themselves TO avert suoh public and gen
erai calamity % would result from any
stoppaae Of traffic on this road, but were u
otherwise 90 ss'io1s obstruction 70 tIafiie
Of ssosivsrs appointed b. ths federal courts
and any Interference with the operation, OF
road 20 situated II treated In these cousts
40 contempt Of cours and punished 40
oordinRly. There are number Of cssss In
the reports Of the federal courts establish
iefsrenos to . strike which took plaes or
the Texas Pacino railway 10 1856. found
In the Twenty-Ssventh Federal Reporter. p
In that case. st the suit Of creditors. se-
csiyers had bssn appointed for the road
and II had Thus bsen taken into posssssien
y. W. Vouts: 41e IsaIue0 Ju09o OF SnAe
circuit. the Hon. Don A. Pardee. in deoid.
ing the case IN 70 Higgins. declared:
III 70 we'll settled law that whoever will
fully interferes with property in the posses
sion Of court is guilty OF contsmpt OF
that court. and regard IL % equally we'll
settled that whoever unlawfuliy interisYss
with officers and agents OF the cou.t in the
full and complete possession and msnsas-
ment Of the property in the custody OF the
court 10 guilty of . contempt OF court. and
IL 10 i'm Material whether this unlawful in
tsrfetence comes In the way of actual vio-
lsnce or BY intimidation and threats. The
employees Of the receiver. although pro hac
vice officers Of the court may quit their
employment. - can smployes Of private
parties or corporations. provided they do
not thereby Intentionally disable the prop
arty; but thoy must quit peacsably and
decontl,. Where they combine and oonspire
to quit. with or without notice, with the
object and intent Of oripplinR the property
or its operation. l have no doubt that they
who combine and conspiro with employes
to thus Quit. or. as officials Of labor ofRani-
cations issue printed orders to quit, or to
strike. with an intent to smbaYiass tho
court in administering the property. render
themselves liable for contsmpt Of court"
ployes were punished by imprtsonnent In
the county Jail at Dallas. Tex, for periods
OF fsom fifteen days to I'VE months eaoh.
The court. In passing sentence. says: ut
may not be generally known, but the power
of the court. under the Law. in puaishinR
'suoh easss. 10 unlimited In imposing fines
or imprisonment"
Mr.. Justice Brewer. now associate justice
of the supreme court OF tho United Statess
while on the circuit bench had occasion to
pass on these questions in q Case growing
out of an interference with the operation
of the Wabash. while that road was In the
hands of receivers. There was a strike on
nine Wabash engines and about a hundred
cars of freight were delayed some hours at
Hannibal, Mo. Judge Brewer decided that
their interference with the oper alton OF the
road was Q contempt of court, and SEN
tancsd the persons responsible for 1t to
sixty days In the county jail and to pay tho
costs Of the pi ooosdings. -s--s a.5st, s
The remsdy of employees Whenever any
disagreement arises between themselves
and the receiver. with reference TO wages.
or any other matter connected with the
operation of the road. is very clearly pointed
ont BY JudRs Spser In the case of Water
house Y. Conner. IS Fed. Rep. 2. 150. The
Isnce and suffering which 10 thereby on
tailed. often on wholly innocent people. but
It is a pc eaoeful application TO the courts
appointing tho rsceiveis asking redress of
any grievances threatened or inflicted. II.
therefore, the Representatives of the sm-
ployes Of the Northern Pacific railroad who
arc now in st. Paul. conferfinR With
the receivers of the road, with refer
ence to the scale of wages TO be
hereafter paid. shall fail to arrive at
any amicabls settlement of their differ
encss they are not thereby left remediless.
but may appeal to the tribunal that created
the receivers. The csss just cited shows
that courts of equity treat such applioat tions
with favor. and that IL there 10 just
ground of complaint there 10 no difficulty
In finding and administering remedy. II
may safely be assumed that no one 10 bet
tor acquainted with their legal rights than
are the parties most Immediately concerned
in this matter. and you are quite right in
assuming that ,shere will be no strike.
However the friendly conference which il
now taking place between tho management
and the employees OF the road may ulti-
matoly terminate it is reasonable to CON-
cluds that the lntslliRence Of the parties
directing this movement will incline them
to adopt line Of action in which they will
have justice and right upon their side.
rather than one In which the law IL against
them, and which must result dtsastrously
to themselves az we'll, ~ TO every ono else
affected by their action.
w. E. CULLEN.
Heleus, Dec. 21. 1898.