Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-10
THE SPBDR DECISION.
A More Complete Report Of His Re-
view Of the Case.
EE INVITES ORGANIZED LABOR
To Bring It's Grievances Into Court
\ and Ask An Adjudication of
\Them--Rule Twelve He Decides
to- be Contrary to Law, and
Consequently, Those Who OBJ
servA 1t Are liable to Punish
ment.

ment.
MACON, GA, April e.-The decision
Of Judge SpeerA rendered yesterday in
the case Of the petition OF the Brother
hood OF Locomotive Engineers, TO re-
uuire the receiver OF the Central Rail-
road Of Georgia to enter into contract
with that organization for the service OF
its members on that road, is regarded by
the Brotherhood as a signal victory for
that organization.
Judge Spear discussed at length the
interesting questions involved. lie
| said;
We are in this case directly con-
cerned with corporation and a Mbor
organization, and both engaged in reil-
way transportation. In this depart
ment of industry it is reported
by the Interstate Commerce Com
mission that there is invested
in the United States 50, ,475, 600
or nearly eight times the entire national
debt of the country. Last year the
railroads transported 53o,OO0,0 900 pas
sengers, or more than eight times the
entire population OF the United States.
The operatives employed by the rail-
roads number 7s4,oQ0. and it is
no ,-tF48ins Testimony t0~>--ttss-se tts-se
! aithfulness and efficiency OF this
mighty army of railroad employees, that
of the vast population transported un-
der their care only $4,000, or less than
one two-thouSandth Of one per cent.
! lost their lives. 1t is, moreover, true
that no operatives of railroad more than
! the locomotive engineers, are charged
with the preservation Of life and prop
erty. When we are advised by the
proof that 80, 600 Of the locomotive en-
| gineers of the United States (more than
| eighty per cent, belong to the Brother
hood, II is difficult to believe that such
membership lessons efficiency TO en-
| ployers or fidelity to the supreme duty
to the public. The most important diff
| ference between the parties Is as to the
effect upon the duty TO the court and
property, of the rule OF the Brother
hood which is understood by the court
to be as follows:
"Rule 12-Jhat hereafter when an
issue has been sustained by the Grand
Chief and carried into effect by the
Brotherhood OF Locomotive Engineers,
it shall be received as an order for a
member Of the Brotherhood of Loco
motive Engineers who may be employed
I on a rufiroad run In connection not TO
continue to handle the property belong
| ing TO said railroad or system in any
way until the grievances or issues OF
difference of any nature or kind have
! hepn amicablY settled
This rule is understood to have been
adopted by the Brotherhood In Denver,
three years ago. In his testimony Mr..
A. 3. Youngson, the assistant chief en-
gineer, frankly admitted that the effect
of this rule as applied TO the properties
in the hands Of the receiver and the en-
glneers in his employ would be as fol-
lows:
IF in the pursuance of the business
| of common carrier, with which the
receiver is charged, ii should become
necessary to convey over the lines OF
the Central railroad car belonging to
! a railroad on which was a strike Of the
engineers it would be the duty
of the Brotherhood men in
the employ of the receiver to refuse to
haul the train containing such cars and
| if the officers of the road insisted that
| the car should proceed, loyalty to the
brotherhood required that the engineer
should at once resign his station and
abandon his duty"
He might, he stated, il he thought
proper, carry the train to the terminal
point. Now there cannot be a doubt
that this rule of the Brotherhood is in
direct violation OF the law Of the land,
and no court, State or federal, could
| hesitate for moment so TO declare. 1t
| is plainly rule. or an agree
ment in restraint Of trade or COM
merce as described in section l
of the act of July 2, 1890, known as
the Sherman Antitrust law. A COM
bination of persons without regard to
their occupation, which would have the
! effect 10 defeat the provisions OF the
Interstate Commerce law inhioitng
Determinations in the transportation OF
freight and passengers, would be La
BILE to the severe penalties Of the stat
utes. Now it is true that in
any conceivable strike upon
the transportion lines OF this
country, whether main lines or branch
roads, there would be interference with
Interstate or foreign commerce. 1t
will be practically impossible hereafter
for q body of men to combine to hinder
and delay the work of the transporta-
tion company without becoming obnoX-
ious TO the provisions OF these laws;
and a combination or agreement OF rail-
rood officials or other representatives
OF capital with the same effect will
be equally under the ban OF these
penal statutes. Organized labor, when
Injustice has been done or threatened to
its membership, will find its useful and
valuable mission In presenting 10 the
courts OF the country strong aud res
olute protest, and petition for redress
against unlawful trusts aud other COM
birations which would do unlawful
wrong to it. It's membership need not
doubt that there counsel will be heard
nor that speedy or exact justice
will be administered wherever the
courts have Jurisdiction. 1t will follow
therefore that in all such controversies
IL will be competent, as | have done in
this case, for the courts TO reserve the
present rights of the operatives 10 spare
them hardship and at the same time TO
spare the public the hardship which Ii
has suffered from such conflicts in the
past.
Heavy Lumber Failure.
PHILADELPHIA, April 9.-Reuben Lu-
kens. Jr., and William Z. Lukens. trading