Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-08
LEnAL rmAsn nr IAnnR nrrsrInA

LEGAL PHASE on LABOR QUESTION
The Dallas News attempts 20 defend
the decision Of Judges Kicks and Taft m
favor Of the railroad company aul
against the employees. aud very strongly
crticiscs the position Of the Glzrttp.
This paper discussed the branch OF tina
decision relating 20 restraint Of Grade.
conspiracy aud public policy The News
carefully rcirains FROM mentioning tluso
matters, as they are plainly opposed TO
the position Ut the railroad companies.
but takes another branch. Incidentally
mentioned, but not discussed boy the ca
zcttc and announces some new, strange
aud startling doctrines that would sur
prise the judges who wrote ,iho now ia.
nous decision, Not the least unique OF
its positions Is that when q man enters
the service Of a railroad company he be-.
comes an atom In o body without n soul
aud canuot free himself from that body
for fear Of disintcgrntug Il. Il says:
FOR carrying purposes railroad corpora.
ton IN merely an abstract expression untu
put Ia the concrete form of operative rqulp.
mrnt Engineers nnd Other traumpn uf "A
raiitoud corporation are the iute9rnut mud
essential constituents of such euWpmcut.
lhyy are lhr living and miuistotig forces
Without which lh9 proper bqalness OF the
out Which ~ legal obligations can mot he
discharged. When they Voluntarily and 90.
Hhrraiely engage IN such service and thus
become idcuuned with tho vital aud opera.
tive cNlstruce on the corporation as a Vou.
mon cdulrr hhd quasi pupuc agency they
necessarily become suhiogated to lts ohli-
yatloua Ia that character. The only way
90 avoid such obligations l5 Co avoid surh
'uNuymcut, thiH ls REASON, this ta equity
thls ~ Necessity, az long as the genius "a
INV nm anN utha anl Justice Hnd NOT ne
Nolnhcc, suhli prevail IA the land
The idea that man surreuderR his in.
dividually or personality aud becomes a
part OF the machinery Of the road when
he enters into the service OF railroad
company viii never be recognized ns
sound by any one except the editor AZ
The News. who wrote Il. IL win also
surprise the memhers Of the bar to
learn that the equitable doctrine Of
subrogaton which simply allows one who
Is legally bound for the liability Of am.
other, or assumes such liability und,r
certain equitable circumstances TO NO
subrogatcd TO the rights OF the other and
enforce them for his own benefit hnq
anything to do with this ease. Mo
startling application Of the doctrine tbot
ihe News makes, was mover dreamed Of
before. "
Ihe News, after quoting an cxtrnct
from The Gazstte editorial saws mr.
gher. '' Au
iiere Is the law. Read " ana yon cu,
NM mat the Interpretation ~ a ,n ~
All common carriers subject Ia ~, mr.,
VISIONS or thls act shall, sceOr,linS M tbav.
tNffes'Ne pQwerh unOfd an rfnsnnnV,a
Mvptt ana uqugl. facilities Tor ihe te,e,t
nnnhff 81 tfuinc between their fNsp,,,e,l .
nNes aug iof the Receiving. for,sarJlnsr ~ \
e'lffff of pASsengers and pfuEertV te NM
saeN tpsI sefrrai llnes ana those tohne,i
VIZ herewith and ehall not dtscfiminst.
nsiii ies Hhi chafRes between sucli cen.
,, ass,'op 10 g tne aet @ amended. pro.
Ay common earrlor subject Ia th. ,ro.
'e,yN ipM nri ur, whenever su,h enn,
sl'r sNll. y y corporation ans airerfer
y'nt'I 'nefrut on tuy tepalvir tyiaf,...
Ky lfY4ft, agent or person Acing INV, IN
eu'Riv}'o'uA aueh Corporation Who. alone ~