Omaha daily bee., 1893-04-10
REGARDED As y VICTORY.


the Railroad Engineers satisfaction.
MACON, Ga, April 9.-The decision of
Judge Speer in the case of the petition of
the Brotherhood of Locomotive Engineers, to
require the receiver of the Central Railroad
of Georgia TO enter into contract with that
organization for the service of it's members
on that road, is regarded by the brotherhood
as signal victory for that organization.
After announcing his decision that the re-
ceiver will be instructed to enter into the
contract petitioned for by the engineers,
Judge Speer discussed at length the interest
ing questions involved. He said
1T will not be wise for those engaged in
the maintenance of public order to ignore
the immensity of the changes in the rela-
tion of the employers and employed class oc-
casioned by the phenomenal development of
commerce and the prevalence of labor or
CARNATIONS. We are in this case directly
concerned with a corporation ana a labor
organization and both engaged in railway
transportation. In this department of in
dustry it is reported by the Interstate Com
merce commission that there is invested in
the United States S9,S29, ,415, OILS, or nearly
eight times the entire national debt
of the country. Last year the
railroads transported 30000000 pas
engers or more than eight times the entire
population of the United States. The oper-
atives employed by the railroads number
7S4 900, and it is no trihing testimony to the
faithful ness and efficiency Of this mighty
army of railroad employees that OF the vast
population transported under their care
only 293 or less than one two-thousandth of
| per cent, lost their lives. | moreover dis
cover that no employees of a railroad more
than the locomotive engineers are charged
with the preservation of life and property
When we are advised that more than so per
cent of the locomotive engineers of the
United States belong to the brotherhood it
is difficult to believe that their membership
lessons efficiency to employers or fidel-
ity to their supreme duty to the
public. But whether these facts, and
other facts equally well known
and equally significant will Justify govern
mental control of contracts essential to the
uninterrupted transportation of the country
in which the public is so vitally concerned it
is clear that where the property of a railway
or other corpo tatlOn is being administered by
receiver under the experimenting power
of court of equity it is competent for the
court to adjust difficulties between the re-
ceiver and his employees which, in the alb
sence of such adjustment would tend to in
lure the property and to defeat the purpose
of the receivership. Indeed, the power of
the court to direct contract between its
officers does not appear to be questioned
The most important difference between the
parties is as to the effect upon the duty to
brotherhood, which is understood by the
court to be as follows
Twelfth-That hereafter that when an issue
has been sustained by the grand chief and car
ried into effect by the Brotherhood of Loco
motive Engineers, 1t shall be recognized as "a
violation of the obligation If IL member of the
brotherhood of Locomotive Engineers who
may be employed on railroad run in Connec-
ton with, or adjacent to said road, continues to
handle the property belonging to said railroad
or system in any way that may benefit said
company with which the Brotherhood of Loco
motive Engineers are at issue until the griev-
anccs, or issues of differences of any nature
or kind, have been amlcably settled
This rule is understood to have been
adopted by the brotherhood in Denver three
years ago. In his testimony MIR A. b.
Houngson, the assistant chief engineer, de-
cided that the effect of this rule as applied
| To the properties in the hands of the receiver
and the engineers in his employ would be as
! follows:
"'If in the pursuance of the business of a
| common carrier, with which the receiver is
! charged, ii should become necessary to con-
| vey over the lines Of the Central railroad a
| car belonging to a railroad company on which
| there was 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 car, and if the officers
| of the road insisted that the car should pro-
ceed, loyalty to the brotherhood required
! that the engineer should at once resign his
| station and abandon his duty"
| He might, he stated, if he thought proper
! TO carry the train TO the terminal point.
| Now, there cannot be doubt that this rule
| OF the brotherhood is in direct and posi-
| tive violation Of the laws of the land ana no
| court, state or federal, could hesitate for a
| moment so To declare. IL is plainly rule,
or an agreement in restraint of trade or com
merce AS described in the Sherman anti
| trust law. A combination of persons, with
| out regard TO their occupation, which would
| have the effect To defeat the provisions of
| the interstate commerce law, lnvit-
| ing discrimination III the transportation OF
| freight or passengers would be liable TO the