Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1893-05-05

pected to receive the nomination, and that
he did not himself personally desire it,
"Recent Labor Rulings by Federal
Courts"


An article in the May Forum upon this
topic will be read with interest in Vermont
because of its authorship. 1t is from the
pen of Col. Aldace F. Walker of this state,
who has acquired national prominence
through his services on the Interstate Com
merce commission. and later as chairman
of the Western Traffic association. Col.
Walker reviews the four decisions relating
to railroad strikes and boycotts which have
recently been rendered by United States
Judges, and the essential oints of which
have been stated in The Phoenix. Each
of the decisions was based on the Federal
control of the interstate commerce as for
mulated in the interstate commerce law.
All were made in careful, conservative
way, introducing no new principle, but
simply carrying into effect the fundamen-
tai idea of the law. Much has been said,
Col. Walker writes, in favor of the idea
that employees engaged in the movement of
interstate commerce should not be allowed
to abandon their positions at will, but
should be bound to a given time of service.
Something of this sort, he believes, must
sooner or later be incorporated into the
law. Carriers should not summarily dis
miss their men except in case of ineih-
cheney or breach of rules endangering the
public safety, or of criminal conduct By
the same rule employees should not be per
mitted to leave their service until after
reasonable notice. The question of the
right of men to strike is not involved in
to whether they shall strike with the de-
liberate intent to stop interstate traffic, and
thereby cause the public inconvenience and
loss.
The use of the remedy by injunction,
Col Walker continues, comes as a surprise
to the public 1t is based on the argument
that the relation of a common carrier to
the public implies higher duty than that
of private person. 1t is, as the court
finds, an implied condition of the contract
entered into by the men, that they will
not leave the service, or refuse the per-
formance of its duties, when so doing would
| imperil life or endanger property, or visit
upon the company penalties for the viola
/ tion of the law. There is no claim that any
employe may not leave the company's SER
vice at will, unless a special contract has
/ been made, but the court holds "that the
/ least time that can be claimed for the term
/ of service is days run, and that an aban-
] donment of service in the course of a days
run, or after the engineer has responded
to a call, would be breach of contract.
This paragraph is especially of interest
"This use of the writ of injunction will
afford a speedy and effective solvent for
many evils which hitherto have been per-
mitted to run their course. II may at
times operate in favor of the labOring
classes as well as against them, for the
lockout must be subject TO like rules with
the strike. 1t will often prevent the ne
cessity of military intervention to repress
excesses and disorders. The law forbids
the boards of directors of railroad COM
pany from wantonly interfering with the
rights of connecting lines; this principle
is now extended to employees and their or
ganizatons: a corporation can act only
through agents, and none of the agents or
employees are above the law. Our people
are occasionally surprised at the sudden
development of new situation in the law
or in its administration, but they imme-
diatey adapt themselves to the changed
conditions, and the wheels of trade and
commerce revolve with less friction than
before"
The article is Illuminating in its treat
ment of the subject, and is strictly judicial
in its tone, conceding in every instance
that no principle of law can be laid down
on the labor question which is not retro
active, affecting equally the rights and
duties of railroad companies and of theil
employees.