The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1893-04-12
THE DEMOCRATIC PRESS.
Ravenna, Wednesday. apr. la. 'es.
RAILROADS AND THE Law.

from issuing, promulgating. or continuing in
orce any rule or order of any kind under the
ules and regulations of the Association known
IS the Brotherhood of Locomotive Engineers.
Or otherwise, which shall require or command
any of the employees of the defendant railway
companies named herein to refuse to receive,
handle or deliver any cars of freight to or from
the Ann Arbor road, and also from, in any way, |
directly or Indirectly. endeavoring TO persuade |
or induce any employees of railway companies |
whose lines connect with the Ann Arbor. not to |
extend to said Company the same facilities for
exchange of interstate traffic as are extended
by said Companies to other Railroad Compa-
nies.''
The decision of Judge Kicks interprets the
law to its extreme limits in favor. seemingly, of
:he Ann Arbor Company, and is regarded by a
vast number of citizens as an intentional piece
of tyranny against the Brotherhood of which
Mr.. Arthur is the Chief, and an act of oppres-
sion against organized labor in general. 1t is
pointed out that the injunction was not issued
because of any riot or open violation of the
laws, or because of any threatened disturbance
of the kind. on the part of Chief Arthur or the
Brotherhood he represents. 1t is claimed with
all the emphasis of liberty loving spirits, that
men have right to band themselves together
fer protection against any form of oppression,
or any system that would place them on an un-
equal footing with their fellow-men. 1t is ear
nestly stated that men have the right to work
where. when, how. and for whom they viii, and
are the supreme arbiters of how long their term
of service shall continue. Above all, it is urged
that if particular act is distasteful to, or at
variance with. the principles of an individual in
the performance of his duties as employe of any
person or association of persons, he has the
right, moral and constitutional, to refuse to per-
form that act, and if necessary, to maintain his
integrity and to vindicate his consistency, to
sever his relations instanter with his4employers.
It is stoutly maintained that men cannot legally
or in any other way, be compelled to outrage
their own sense of civil or moral propriety, or
be compelled to contribute to the perpetuation
of that which seems to them to initiate against
their rights and interests. Having the right to
organize, it is argued that to make that organi-
ration effectual, follows as matter of course.
Among the indispensable features necessary to
successful action is unity of purpose and UNITY
OF ACTION. 1t is therefore left by agreement
in the hands of some central authority, created
and =-zes1oned by the men themselves, to direct
their policy and to determine upon particular
actions for particular occasions 1t is not, it IS
urged, in the province of State or Federal au-
thorities to undertake the management or con-
troll OF mems relations with their civil employers
by commanding the Executive head of the or
ganization of which they may be members not
to issue any order in the obeyal of which the
members will refuse to handle particular COM
modities, or refuse to longer work for their en-
ployers demanding such action from them.
The action of Judge Kicks is bitterly COM
mented upon by thousands of well meaning
persons. who honestly interpret his decision to
mean that when man once enters the employ
of a railroad company, he must continue in its
employ. no matter how unjustly the company
may treat him, or what exactions it may require
of him, until Federal Court or some other
Federal authority gives him permission to sever
his relationship.
That the decision of the Court is seeming
hardship for the Brotherhood cannot be denied
1t must be conceded, Also. that it would be an
act of high handed tyranny ordinarily to hold
individuals amenable to the law for refusing tc
perform certain work. or to obey an order which
forbade them performing such labor.
But any student of political science well un-
derstands what is meant by quasi public corpo-
rations, and readily appreciates the necessity o
public supervision of such organizations. Rail
roads owe their right of eminent domain to the
people, and are granted their extraordinary
privileges conditioned on a healthful subordina-
tion of their acts to the rights and interests O
the ENTIRE PEOPLE. Railroad companies are
held to strict compliance with certain laws
that do not apply to companies and concerns
wholly private in their character. For orinstance
they cannot refuse to transport passengers OIL
freight on receipt of the legal rates, nor mus
they charge above certain limit for carrying
their passengers. They are creatures of pecu-
liar powers and peculiar liabilities, and become
so intimately associated with the business and
commerce of the people, and SO indispensable
to their wants and habits, that any interference
with their daily operation affects at once MOI
only their own prosperity, but the commercial
andindiydual rights of the entire people. i
is therefore held that persons entering the en-
ploy of railroad companies are in the service o
the public as well, and mus. not do anything te
in any way abridge, compromise or threaten the
rights Of the people in the premises. They are
proper subjects Of Government control. withir
certain limitations, just as the companies il
whose employ they are, are are subject to Fed
eral authority.
It is not held, as we understand it, that mel
have not the right to strike either Individually
or collectively, but simply that they must no
abandon passengers or freight in transitu. cl
refuse to handle traffic consigned from any roac
over the one on which they are operating. a.
long as they are in the employ of the company
Such action is held to be in violation of the in
terstate commerce law, and little reflection
will discover that the decision of Judge Rick:
is not, in THEORY, based on the right of rail
road companies to compel their employees to dc
or not to do particular acts but rests upon the
proposition that public carriers are public ser
wants, and must not be interfered with or Grip
plco III Inc dlSCud1 vi tAClA 0uiSS W ehiS
public.
The decision is really as much against the
railroad companies as the Brotherhood, for i
recognizes and emphasizes anew the right o
Government control of railroads, and calls 9
halt on the partof arrogant railroad companies
and officials who have been disposed to deny
the fact, and to run their corporate affairs inde.
pendent of the people and their government
The decision opens the door TO much wider
application of the wholesome law. and cannot
fail to hasten the day when COMPULSORY legal
arbitration will form the subject of a Federal
statue.
Like nearly all agitations that culminate in
some sudden, unlocked for interference with the
law, there are two sides to the matter. and many
points 10 be considered in dealing with the ques-
ton SO as to mete out justice to the public and
contending parties. and at the same time to in
corporate the. requirements of the law into the
conclusion reached. If it is unlawful and
AGAINST public policy for labor organizations to