The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-03-23

engineers OF the Ann Arbor road. ana
to assist theistriking brethren the
engineers of the Lake Shore by
orders from Chief Arthur and in
accordance with the rules of the
Brotherhood refused to haul Ann Arbor
freight, and left their engines. Proceed
ings were begun by the Ann Arbor road
to compel them to start the trains, and
the upshot of the matter was that several
found themselves before Judge Kicks
charged with contempt. They were ad
mitted to bail in 5000 each pending further
hearing. Judge Kicks gave an opinion
in justification of his action in which
among other things he said:
This court does not assume the power to COM
pei you to continue your service to your en-
ployers against your will. but 1t does undertake
to compel you to perform your whole duty while
such relations continue, and does further claim
Tor the purposes of aScertaining whether Its
orders have been violated the right to deter
mine. when your relations to your employer
legally terminated and when your obligations
to observe this order cease, - That time
tor leaving your post of duty might come under
circumstances when you would by such act UNI
Intentionally imperil the safety and lives in
trusted to your employer and do his business
vast and irreparable damage. 1t might too,
unintentionally involve you in conflict with the
court because of obStructing Its process and In
terfering with its mandates. / therefore sug-
geSt to you aud all others who are In similar
employment that there ought not to be any
strained construction made Of tie provisions OF
the COURT order, The one safe, way to obYiate
trouble is to gulf the service of your employer.
Hyou continue that employment, this court will
expect yon to do your full duty TO gr employ.
er and to the public, and to observe the orders
which have been made in this case.
The judge also pointed out :. that the
railroad were compelled under penalty
to perform public duty, and have in
turn higher claim upon their employees
than that due from ordinary employees.
On Saturday Judge Kicks issued an order
to Chief Arthur to dissolve the boycott
against the Ann Arbor road. The courts
order also contained the following:
Aud also that P. M. Arthur and Jasper w.
Watson do forthwith file with the clerk of this
court for inspection by the court a copy of such
bylaw. rule or regulation so governing the &C.
tons OF the members OF said brothernood re-
cars and freight of said Toledo, Ann Arbor u
North Michigan Railway Company.
In effect the court says that employees
of a railroad company, while they con-
tinue in the companys service must as
sist in doing whatever the legal obliga-
lions of the road require it to do. It
was legally obligatory on the Lake Shore
to haul the rssof the Ann .Arbor road,
and on refusal it would have been sub
ject to suit for. damages. That being the
case the sethe court says the employees
of the Lake Shore were under obligation
to assist in hauling this freight, while
they remained mthe employ of that road.
In this ruling there is nothing novel. 1t
is in the suggestion of the court that
every termination of an employment on, a
railroad may not be legal termination,
and that the court has the right to de-
termine whether it is so or not that the
novelty of the opinion lies. Railroad
employees have always claimed the right
to terminate their employment at any
moment they saw fit without regard to
the damage that might be caused to the
road, or the danger and inconvenience
that the public might be exposed to
Acting upon this idea in case f dispute
with their employers, railroad employees
have generally chosen for departure a
time when the railroad would be mosi
embarrassed, because by SO doing they
could bring the greatestiamount of pres
sure upon the road to compel it to accede
to their demands. But Judge Kicks
clearly intimates that departure under
such circumstances may be violation
of law which the courts will punish.
The theory of Judge Kicks ruling is
undoubtedly that the railroad service is
of a semi-public character, in which the
the employee. is under obligation not only
to the road, but to the public in general
and that therefore he cannot desert his
post under circumstances which would
inflict great .pnblic damage. Judge
Kicks ideas are confirmed by the Su.
preme Court to which undoubtedly the
case will go, a very severe blow will be
struck at the organizations of railroad
employees.