Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-04-22

contention OF the receiver and In favor
Of the application Of the engineers,
Alter some reference TO the impor.-
auce Of the function discharged by the
engineers, and to the subject OF the
power OF the court IN require the
making OF such contract rs that sug.
gested, Judge Spoer said:
Certainly, II follows then that II Il
IN the power Of the court, in the IN
terest Of public order, and for tue pro.
lection of the property under the con
troll, 10 direct a suitable arrangement
with Its employees or officers to provide
compensation and conditions OF theif
employ mont, and to avoid, " possible,
An interruption OF their labor and duty,
which Will be disastrous to the trust,
Injurious to the property. There IL no
reason why the receIvership In this
respect should be conducted In a mat.
ncr differing from the large prepOnder'
nnco OF the successful and prOsptfOu
railroads Of the country. IL Appeals
from this proof that about % per cent.
Of the IN roads OF the Cdited States
make contracts OF schedules OF rates
aud regulations tor the employment Of
their operatives, which are agreed
TO by the roptvset itives OF both the
parties, and which serve lJr the quid
nnce Of all while they remain In force.
Many OF these contracts or schedule
are In evidence. We atu satisfied from
these facts that such arrangement.
under proper restrictions, aru praise.
worthy anu beneficial 10 both Ialtirg.
and We there fore shall no longer hs.i.
tate - diiect the receiver 10 enter into
au appropriate contract or schtduls of
rates anu regulations with the en-.
giuosrs.
The judge, however, directed that
the contract ue not restricted % mem.
btrs OF the Brotherhood VI Locomotive
Engineers, though he sail that mem.
beruhip e the order was and would tie
no disqualification TO service on rail.
roads under the control Of the court, ~
long ~ the rules anu regulations OF the
Otuer were treated AS subirdiuato To
the law Of the LAM. This at once
Drought up the question whether rule
IL Oi tne brotherhood, ~ much uis.
cursed Of late, was IN cot irmity
with the law Of tho land. This rule
was held by the court to De plainly "A
rUls OF agreement IN restraint Of trade
or commerce AMI 80 OhnuN Jus 10 the
provision Of the Federal auli.trust law
oi ls0l, dee, rlug Illegal combination.
or contracts In restraint If trade or
commerce among tins several states or
with foreign nations, and 10 other pro-
visions Of the federal statutes cited In
the opinion.
JUICE Speer said, however, that oven
n theto were no statutory enact mvnta
upon tine subject no court o. equity
could iu.tiilaJly direct IT, receiver 10
enter into contract with IA body OF
men " no hold themselves bound to
repudiate their contract anu disregard
n grave public duty because Ut real
OF alleged grievance which some other
person or corporation, not u party
to the contract, iuillcis or IL
alleged TO iul Ct net upon
party 90 the contract, but upon
somebody else. rhe engineers, how.
ever, having through thslr counsel du.
clared that upon this rs upon every
o.her subject they were willing anu
anxious u take tho direction OF the
court, tnis declaration WIS accepted ns
maze Ia good fiith,and was made part
OF tho contract watch the court re-
quirod tue receiver to MAKE. The old
contract was ordered 10 remain In force
until the terms oi tho new contract
should be settled.
After specially directing that no en-
gineer OF other person In the employ