The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-04-10
ANorHER srRIKE DECISION.
Judge spcer Decides That Contracts With
BruthorhOods Must BE Respected.

Judge Speer Decides That Contracts With
Bruthorhoods Must BE Respected.
MACON, GA, April 9,-Juige Emery
speer yesterday rendered a decision in
the United States circuitcourt here upon
u petition brought by members Of the
Brotherhood OF Locomotive Engineers,
through Hon. X. W. Patterson, Of the
Macon bar, praying the court to direct
the receiver OF the Georgia Central
Railroad to carry out the contract with
the Brotherhood which was in force
when the receiver was appointed.
The following are extracts from the
opinion Of Judge Speer:
Cases are frequent where persons en-
trusted with corporate properties have
applied to the courts for the prevention
OF grievances, threatened or inflicted,
by labor organizations. This is the
first instance, OF which We have any in
formation, where members OF such an
association have, by concerted action in
an orderly way, sought the arbitrament
OF court to have settled a controversy
relative to the wages and conditions OF
their employment.
1t will be observed that much OF the
receivers answer IS an argument
against the propFiety and policy OF con-
tracts OF any character between the Off
GERS OF railway corporations and the
representatives OF labor organizations.
The gravity and Importance OF the con-
sideraHons thus presented are exceed-
ingly great The control, under any
circumstances by the courts OF con-
tracts between representatives OF the
immense values invested with corpora
tons engaged in the public duty OF
transportation and the laborers en-
ployed in the same service will, doubt
less, appear to many as novel and dan"
gerous, II Is we'll, however, to con.
slider II proper provision by appeal
to the courts in the frequent and de-
structive conflicts between organized
capital and organized labor, will not
afford the simplest, most satisfactory
and effective method for the 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"
The power OF the court has always,
on proper occasions, been exercised to
protect the properties under its control
from the damaging and unlawful re.
suits OF u strike OF the iaborers in its
employ.
Certainly 1t followA then. that it is in
the power OF the court, in the interest
Of public order aud for the protection
OF the property under its control, to d.
rect a suitable arrangement with its
employees or officers, TO provide COM
pensation and conditions OF their en-
ployment, and to avoid, Ii possible, an
interruption OF their labor and duty
which will be disastrous TO the trust
and injurious to the public.
There is no reason why the receiver
ship, in this respect, should be con-
Quoted in u manner differing from the
large preponderance OF the successful
and prosperous business concerns OF
the country. Many OF these contracts
or schedules are in evidence. We are
satisfied from these facts that such ar
Irangements, under proper restrictions,
are praiseworthy and beneficial to both
parties, and we, therefore, shall not
hesitate longer to direct the receiver to
enter into an appropriate contract or
schedule Of rates and regulations with
the engineers.
This contract, however, will not be
restricted to members OF the Brother
hood OF Locomotive Engineers, al.
though membership OF that order will
be no disqualification to service on
railroads under the control OF this
court, SO long as the rules aud regula-
tons Of the order are treated as subor-
dinate to the law Of the land. The con-
tract will comprehend all engineers en-.
ployed by the receiver, whether mem
bers or non.members Of the Brother
hood.