The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-04-09
CENTRAL'S ENGINEERS.
JUDGE sPEER's DECISION IN THEIR
FAVOR.

A Contract to be Made With The En-
ginaers-Fhe Old Contract to be in
Forcs Until New One Is Made.
Merit as Well as Seniority to Control
ACKNOWLEDGEMENTS Rule Knocked
Out.
MACON, April S.-Judge Speer delivered
bis opinion in the case of the Central rail-
road engineers this morning. The decision
10 an elaborate aud able one, and goes INTO
tb9 merits of the issues presented thor
Oughly. The following are extracts from it.
After stating the number of locomotive
engineers employed in the country, aud as
the percentage of them that belong to the
Brotherhood Of Locomotive Engineers, the
court says:
We are satisfied from these facts that such
arrangements, under proper restrictions, are
praise ort5y and beneficial to both parties. and
vs. therefore shall not longer hesitate to direct
the receiver to enter into an appropriate con
tract or ScAedulA OF rates and regulations with
the engineers. This contract, however, VIII not
be restricted to members of the brotherhood or
Locomotive Engineers although membership
OK that order is and will be no Disqualification
TO service on railroads under the control or TINS
court so long as the rules and regu Rtlons OF
the order are treated as subordinate TO the law
OF the land. The contract will comprehend ali
engineers employed by the receiver, WAotAer
members or non members OF the brotherhood
This brings us to the consideration, first what
Is an appropriate contract, ana secondly,
whether there is anything in the rules and reg
ulations of the brotherhood and its relations TO
these properties which is inconsistent with the
law, and which would make it improper for the
court to place its receiver in position where:
In his exigent duty to carry on the business OF
transportation, for which the railroad was
Chartered by the state, he may ma
in no r. ~, MI cd n
operatives who will be able to paralyze the
operations of the properties: The appropriate
ness of the contract depends solely upon the
arrangement OF details Tn re is no duterence
between the engineers and. the receiver upon
The question Of compensation. There IS an APP
parent dispute about the erect OF
seniority of service Of an engineer a;
Affecting promotion. The court VIII
provide, however, that where merit and ABILITY
are equal, that seniority of service shall prevail
and will arrange a fair tribunal for the purpose
or testing the merit and ability OF various can
didates for promotion, with the privilege OF
either party in cases not reconclled 10 eppeAt
10 the court. There are other instances OF
minor Disagreement which the court VIII take
time to adjust and to perfect the agreement;
We have noted with unaffected qualification
The repeated statements made In Judiclo oy tne
engine rs and their counsel that they VIII &C
Cspt as final and satisfactory Of every differ
ence the conclusion add decision OF tAe court,
EInis submission or the engineers bppHos 40
we'll to the remaining and the most important
difference between the parties, aud that ~ the
ehect upon the duty TO the court ana 10 tue
property Of the rule Of the brotherhood, which
Is understood by the court TO he "a FOL o"s'
~. That hereafter when an issie mas pee
sustained by the grand chief amt Carried INTO
effect by the Brotherhood Of Locomotive III
gineers, it shall lie recognized as
violation OF Obligations if mem
Der of the Brotherhood of LoconotI'e
Engineers, who may be employed on a rai'roAI
run In connection with, or adjacent to SAD ROAD
u handle the property belonging TO SAID ran =,
foad r system in any way that may OeuehI sal
company with which the BROTHERHOOD OF loco
motive engineers are at issue, untli the R'leV-
aUce or issue OF difference OF any nature or
end, have been Rmicablv settled.
his rule is understood to have been adopted
BY the brotherhood in Denver ti-.e years aEo.
IN his testimony A. 3. Youngson grand chlei
bo'istant engineer, frankly admitted that vac
ELECT OF this rule, us applied to tGe propertls :
10 the hands OF the receiver and the engineers
10 his employ, would be as follows; H. III tue
plrsuRncs of the business OF common carrier
With which the receiver is charged, II should De-
Come necessary to convey over the lines o. tbS
central railroad car belonging TO a ralToa u
com pauy on which there was a strike OF we
Engineers, that il would be the duty OF tne
Brotherhood men 10 the employ OF the receiver
'0refuse to haul the train containing sueo car