The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-04-09

and if the officers of the road insisted that the
cor should proceed, loyalty to the brotherhood
required that the engineer should at once re-
Sign his station aud abandon his duty. He
might, he stated. if he thought proper, carry
the train to the terminal point. An Illustration
of the effect of this rule Is
afforded by TIE evidence. A strike was
recently pending on the Savannah, Americas
and Montgomery railroad, which runs in con
nection and is adjacent to the Central Engl-
neer Arden of the brotherhood of Locomotive
Engineers, in the employ of the receiver, was
directed to carry car of the Savannah, Ameri-
Gus and Montgomery road b9tween Two stations
on the Central railroad. He declined to do so
and was at once discharged. A committee OF
the brotherhood have Insisted upon his rein
statement. This the receiver has refused. and
it Is certain that but for the tendency OF the
proceedings now under CONSIDERATION ny Ine
court there would be. as result OF Engineer
Arden's construction of his duty and the
receivers action, strike OF the engineers
upon every line of the Central, with
all the calamitous results to the pub
lie. to the road and to the engineers
which would inevitably ensue. The re-
ceiver relies upon this as the main and CONTROL
ing reason why he should not be required 70
enter into a contract with the brotherhood
when this rule twelfth Of the brotherhood Will
necessarily be written into the contIact NOW
there cannot be a 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 hesitate for moment so 10 de-
care it. 1t is plainly rule or agreement IN re-
straint of trade OF commerce. ana IN VIois,lon
'of the act of July ?, 1890, known as the Sher-
man antitrust law.
In the presence of the statutes. and in view of
the intimate Interchange OF commodities De
tween people of several states of the union II
will be practically impossible hereafter Tor a
body of men to combine to hinder and delay
the work of the transportation company, with
ont becoming obnoxious to the provisions OF
these statutes.
Put. If there we're no statutory enactments
upon the subject, no court of equity could Justl-
0ably direct its receiver to enter into contract
with a body Of men who hold themselves bound
10 repudiate their contract and disregard q
grave public duty, because or real or alleged
Grievance which some other person or corpora
tion not a party TO the contract. inthcts or Is
alleged to infiict not upon q party TO the con
tract but upon somebody else. 10 cohpei Ihe
receiver to do this would be monstrous.
rrl,a receiver cannot violate the law and The
anoineers cannot compel him to do 81, without
themselves becoming obnoxious TO the criminal
statutes.
r true however, chat the learned counsel
for the petitioners, when his attention mad been
called nv the court to the insnperable dIdiculty
IN the way of a mutually beneficial contract pre-
seuted by this rule while insisting that IL
ought not to stand in the way OF contract has,
t,SSed 70 ar I'd additional evidence Of the good
fsith If his clients by stating unreserVedly upon
This as upon all subjects. they were wiling ana
anvious To take the direction OF the court. Ihls
JaClarerion is authoritative. and the court viii
act upon it. 1t is binding upon the engineers
of the brotherhood who are officers OF the re-
reiver and who were represented oy the
conn,ittee and their assistant CHER engineer,
Tr Youugson, all Of whom were In the pres
enca If the court when it was made. 1t is &C
cantad as made in good faith and as condl-
I'm of the contract which the court Will direct
the receiver to make. While, there ore
snyinser NAV. at any time, exercise his right as
an individual to leave theService OF the receiver
he NAV not do so in such manner as 10 lnlure
he properties or impede its proper manage
rnent by the receiver.
T., cose Of any Issue with the management
Il, which the brotherhood or its members are
corcerned. anu the members IN the employ or
~ r., fyer. shall desire 70 leave his service 10
IA ar otherwise in such manner as may Ia
anv way impede the operations OF ne roa1'
90, viii be required to do so upon such terms
ouoy condjtions as to the court may think proper
| or the protection OF the interest OF
| 40, nroberty and the maintenance
80 iistice and fair play to all
o,,oag1,ad In tbs meantime tue old CONTRACT
In Imam OF force, always under the general
n,atidTn NJ this decision with reference TO
! ~ ~ If the brotherhood until the terms OF the
II i,,,tract are definitely settled by the court
] li ta IL ,y1Ii ha specialiy directed that no en-
! -irasr ar other person In the employ or
| SSanrraI "a Iroad slall b. discharged or 10 any
! no, ininred in his station on account OF thls
nroeseding or any step taken TO It's inception OF
advocacy.