Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1893-04-15
CAPITAL AND LABOR.

MACON, Ca, April 1O-rhc decision
Of Judge Speer in the ease OF the petit
ton 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 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-rcaching, important and salts
factory declaration upon the relations
of capital and labor yet rendered.
After announcing his decision that the
receiver will be instructed 10 enter into
the contract pctitioncd for by the engi-
neers, Judge Spcer discusses at length
other interesting questions involved.
He says:
1t will not be- wise for those engaged In the
maintenance OF public order to ignore the i'm
mcnstv OF the changes In tho relations Of the
employing and the employed classes &C.
casioncd by the phenomenal development OF
commerce and the prevalence of labor organ
iZltions We IRE in this case directly con-
ccrned with u corporation and a labor organ
iZation and both engaged in railway trans
portation. In this department OF industry
IL Is reported by the Interstate commerce
commission that there is invested In the United
States 20, s29, ii50iH, or nearly eight times the
entire national debt OF the country Last year
the railroads transported5 5000 - passengers.
or more than eight times the entire population
OF the United States The operatives ON.
ployed by the railroads number Isl, 90, and 1t
is no triling testimony 10 the fai;hiuluess ana
efficiency OF this mighty army Of railway en-
ploycs that OF the vast population transported
under their care, only a9i or less than one two
thousundth Of one per cent. lost their lives
moreover discover that few employees OF
railroad more than the locomotive engineers,
are charged with the preservation OF life and
property When we are advised bv the proof
that OF the g.! OOJ of the locomotive engineers OF
the United States, more than 81 per cent belong
TO the brotherhood, II Is difficult 20 believe that
their membership lessons efficiency TO employ.
ers or fidelity 10 their supreme dut; 10 the pub.
lie. But whether these facts and other facts
equally well known and equally significant Will
Justify governmental control OF contracts essen
tial TO the uninterrupted transportation OF the
country, in which the public Is 80 vitality
concerned, II is clear that where the property
OF u railway or other corporation Is being i'd
ministered by n receiver under the superin-
tending power OF q court OF equity II Is COM
petent for the court 10 adjust difficulties be-
tween the receiver and his employees, which. In
the absence OF such adjustment, would tend 10
injurc the property and TO defeat the purpose
of the rccclvership Indeed, the power OF the
court TO direct u contract between It's officers.
does not appear TO be questioned. The most
important difference between the parties Is MS
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 rs follows:
'Twelfth-That. hereafter when an issue has
been sustained by the grand chief and carried
into effect by the Brotherhood OF Locomotive
Engineers II shall be recosnizei'as n violation
OF the obligation II Il member OF the Brother
hood OF Locomotive Engineers who may he
employ ed on u raiiroad run in connection with,
or adjacent to. said road TO continue 20 handle
the property belonging To said railroad. or sys.
tenn in any way that NAV benefit FL "a COM
pany with which the Brotherhood OF Locono'
tive Engineers are III issue until the grievances
or issues of difference OF anv nature, or kind.
have been amiciby settled"
This rule is understood to have been adopted
BY the brotherhood in Denver three years ago.
In his testimony Mr. a. Ii Yolnrsoa. the u.s.
s.stant chief engineer, FRANKLY admitted that
tNe pucCL Oh tHls Tulc, Us tpplIcu W thN pAop
critics in the hands OF the receiver and the
engineers in his employ would be rs fol-
lows: II, In the pursuance OF the
business OF a common carrier, with which
the receiver Is charged II should become
necessary to convey over the lines OF
the Central railroad IA ear belonging 10
railroad company on which there was strike
OF the en- ineerS IL would be the duty or the
brotherhood men in the employ OF the receiver
TO refuse to haul the train containing such car,
and IL the officers OF the road insisted that the
car should proceed, LOYALTY to tho brotherhood
required that tho engineer should ut once re-
sign his station and abandon his duty. He
might, he stated, II he thought proper. carry
tho train TO the terminal point
Now, there can not be n doubt that this rule
OF the broth rhood Is In direct and positive vio-
lation Of the laws OF the land and no court,
state or federal, could hesitate for moment so
to declare. 1t is plainly o rule, or an agree
ment OF restraint OF trade or commerce, as de.
scribed In section I OF the act OF July ., $780,
known as the Sherman antitrust law. A com.
bination OF persons. without regard to their oc
cupation. which would have the effect TO de
feat the provisions OF the Interstate COM
merce law, inhibiting discrimination In
Laa ansportation OF freight and passengers,
would be liable TO the severe penalties OF tn
statutes Now IL Is true that In any conceiv'
able strike upon the transportation lines OF this
country, whether main line or branch roads,
there would be interference with Interstate or
foreign cammerce. II will be practically i'm
possible hereafter for body OF men TO COM
bine TO hinder and delay the work OF the trans
portation company without becoming obnoxious
TO the provisions OF these laws, and combina'
ton. 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 tho country q strong and rcsoluie
protest, and petition for redress against I'M
lawful wrong to IT, Its membership need mol
doubt that It's counsel will be heard. nor that
speedy or exact justice will be- administered
whenever the courts have jurisdiction. twin
follow, therefore. that in all such controversies
IL will he competent, rs we have done In this
case for the courts to reverse the present rights
OF the operatives to spare them haruships, ano
ut the same time TO spare the public the unmer-
tied hardship which II has suffered from such