People's voice., 1893-04-14
CAPITAL AND LABOR.
Another Federal Judge Renders a
Decision.
tract With the Engineers Unions
Recognizable Interference
With Interstate Laws.
Far-Reaching Decision.

MACON, Ga. April l0.-Ihe decision
of Judge Speer in the case of the petit
tion of the Brotherhood of Locomotive
Engineers to require the receiver of the
Central railroad of Georgia to enter
into a 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.
1t has attracted much attention and
discussion among members of the bar,
by whom it is pronounced to be the
most far-reaching, important and salts
factory declaration upon the relations
OF capital and labor yet rendered.
After announcing his decision that the
receiver will be instructed to enter into
the contract petitioned for by the engi-
neers, Judge Speer discusses at length
other interesting questions involved.
He says:
II will not be wise for those engaged in the
maintenance Of public order TO ignore the i'm
mensity Of the changes in the relations Of the
employing and the employed classes oc-
casioned by the phenomenal development OF
commerce and the prevalence Of labor organ
iza,ions .
moreover discover that few employees Of a
railroad more than the locomotive engineers,
are charged with the preservation Of life and
property When we are advised by the proof
that of the 81 900 of the locomotive engineers Of
the United States, more than 50 per cent belong
to the brotherhood it is difficult to believe that
their membership lessons efficiency 10 employ
erS or fidelity TO their supreme duty TO the pub
lie But whether these facts and other facts
equally well known and equally significant will
justify governmental control OF contracts essen
tial 20 the uninterrupted transportation OF the
country, in which the public is so viially
concerned. il is clear that where the property
Of a railway or other corporation is being ad-
ministored by a receiver under the superin-
tending power Of court Of equity, il is com.
peient for the court to adjust difficulties be-
tween the receiver and his employees, which, in
the absence of such adjustment, would tend TO
iniure 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
10 the effect upon the duty to the court and
property Of the rule Of the brotherhood which
is understood by the court to be as follows:
"Twelfth-That, hereafter when an issue has
been sustained by the grand chief and carried
into effect by the Brotherhood Of Locomotive
Engineers it shall be recognized as a violation
of the obligation if a member of the Brother
hood Of Locomotive Engineers who may be
employed on a railroad run in connection with,
or adjacent TO- said road, TO continue 10 handle
the property belonging to said railroad or sys-
TEN, in any way that may benefit said COM
pany with which the Brotherhood OF Locomo-
tive Engineers are at issue until the grievances
or issues Of difference Of any nature, or kind,
have been amicably settled"
This rule is understood to have been adopted
by the brotherhood in Denver three years ago
In his testimony Mr. A. B. YoungsOn, the as.
sistant chief engineer, frankly admitted that
the effect Of this rule, as applied to the prop
critics in the hands OF the receiver and the
engineers in his employ would be as fol-
lows: If, in the pursuance OF the
business Of common carrier, with which
the receiver is charged 1t should become
necessary to convey over the lines OF
the Central railroad car belonging to a
railroad company on which there was a strike
Of the en2ineers 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 II the officers Of the road insisted that the
car should proceed, loyalty to the brotherhood
required that the engineer should at once re-
sign his station and abandon his duty. He
might, he stated, If he thought proper carry
the train TO the terminal point
Now, there can not be a doubt that this rule
of the brotherhood is in direct and positive yio-
lation Of the laws Of the land, and no court,
state or federal, could hesitate for a moment so
to declare. 1t is plainly rule, or an agree.
ment Of restraint Of trade or commerce, as de.
scribed in section Of the act of July 2, 1890,
known as the Sherman antitrust law. com
bination of persons, without regard to their oc.
cupation. which would have the effect 10 de-
feat the provisions Of the interstate com.
merce law, inhibiting discrimination in
the transportation Of freight and passengers,
would be liable TO the severe penalties of the
statutes. Now II is true that in any conceiv-
able strike upon the transportation lines Of this
uldlu llllC VI IOduS,
there would be interference with interstate or
foreign cammerce. 1t will be practically i'm.
possible hereafter for body Of men 10 com
bine 10 hinder and delay the work Of the trans.
portation company without becoming obnoxious
to the provisions Of these laws, and combina-
tion. or agreement Of railroad officials or other
representatives Of capital with the same effect,
will be equally under the ban Of the penal
statutes.
Organized labor, when Injustice has been done,
or threatened TO its membership, will find its
useful and valuable mission in presenting TO
the courts Of the country strong and resolute
protest and petition for redress against un-
lawful wrong TO It. Its membership need not
doubt that It's counsel will be heard, nor that
speedy or exact justice will be administered
whenever the courts have jurisdiction II will
follow, therefore, that in all such controversies
1t will be competent as we have done in this
case, for the courts 10 reverse the present rights
Of the operatives TO spare them hardships, and
al the same time 10 spare the public the unmer-
ited hardship which 1t has suffered from such
conflicts in the past