The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-04-11

stood to be his determination II possi'
BILE to force the senate to take action in
the way OF investigating Senator Roach
OF North Dakota. Resolutions TO in
vestigate Mr., Roach's case and that OF
Mr.. Power. OF Montana, were offered by
Senator's Hoar and Chandler and Went
over without action.
Mr.. Butler reported from the COM
mittee on interstate commerce reso-
luton authorizing that committee to
inquire whether or not the methods
prevailing in the transportation OF
freight and passengers on the great
railway lines OF the country and the
conditions and necessities OF travellers
and shippers and transportation COM
panies justify or require a repeal or
modification OF section 5 OF the inter
state commerce act, which prohibits
pooling under any circumstances. Also
10 inquire whether tho system OF clos
ing and sealing cara engaged in trans
portation OF merchandise from one
state to another through foreign terri
tory, and from such foreign territory
into the United States need to be modi-
lied; whether engaged in such traffic
should be either refused to conform TO
all conditions OF the interstate COM
merCe act or prohibited from continu'
ing in such transportation. Also
whether any notifications should be
made in tho law concerning tho rela,
tons between common carriers and
their employees. Mr.. PETER thought
that Judge Ricks' recent decision,
wAich had been good deal criticized
by laber organizations. would be ap-
proved by them when they came to un-
derstand better its scope and view 1t in
all its fu'lness. II was the first great
judicial declaration OF principles con'
CerninG the relations between employ
ers aud employees.
Mr.. German took the lead in the dis
cussion. He said that one matter TO be
inquired into was the recent decisions
of the United States judges, and wheth-
or in view OF the Interstate commerce
law and the anti trust law judges had a
right to determine not only what rail-
road employe should do, but what he
should not do. Those decisions were the
first great step on the part Of tho Judi
Ciary to make serfs OF the men who
were employed by railroad corpora
tions. The recent judicial decision
that railroad employees might he re-
strained by all order OF the court might
be fned and imprisoned ii they re-
signed their positions, was most ex.
traordinary decision; and one that had
to be met ut the very threshold OF the
next Congress. Itought to be inquired
into carefully by men who had but one
motive and that was to see (while pro-
tecting tho interests OF commerce) that
no injustice was done TO individuals
and that tho courts OF the United
States should not be armed with powers
as arbitrary as those Of the Gear Of Rus
sia.
Mr.. Platt said that he had not yet
seen in the decision referred to any
thing that looked like usurpation Of
power by tho courts, or looked like de-
grading tho workingmen OF the country
to the condition OF serfs. He believed
that the employees Of railroads had no
more right TO engage in Determinations
OF commerce than their employers had.
And-he did not believe that there was
anything either in the interstate COM
merco or in the antitrust act that was
not an affirmation OF we'll considered
aud we'll established common law.
Mr.. Vest said that Judge speers in
his decision had only affirmed what
every lawyer knew to be the common
law. Ii any Judge had declared such
decision rs the senator from Maryland
(Mr, Gorman) spoke of it would be re.
versed by the supreme court Of the
United States without one dissenting
opinion against its reversal. Such q
doctrine would be monstrous.
Mr.. Voorhees, said that the most dan
gerous question that tho country was
facing to-day was the encroachment OF
corporate power, OF colossal wealth
against those who were helplessly in its
power and whom 1t wanted to haye
chained to their labor as completely as
the galley slave was chained to his oar
This power claimed that the railroad
employe was enlisted as private SOL
der and II lie left his post he was to be
punished as deserter.
He had therefore felt it his duty to
introduce resolution directing an in
quiry as to what action might be nee
essary for the better protection OF tho
lNboring people Of the United States in
their natural and inalienablo rights, and
for their greater security from tho en-
croachment OF corporate power. No.
body pretended (Mr. Voorhees, added)
that an engineer could leave his on.
gine, endangering train OF cars and
ondangering tho lives OF its passengors.
But that was not all that was contem-
plated in tho Interstate commerce law.
That law said in plain terms that he
could not alone and in an orderly way
sever his connection from a corpora
ton; that he was enlisted to stay, and
was to be punished rs u deserter ii he
did not stay. Ho thought thatthe coin.
mittee on interstate commerce could
not be botter employed than in invosti.
eating this dangerous question.
Tho resolution was referred.