St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-04-10
Judge Speer's Decision So
Regarded by the Bother
hood Of Engineers.
What the Jurist Said Regard
ing the Interesting Cues
tions Involved.
A High Tribute Paid to the
Careful Work Of Locomo-
tive Engineers.
The Central Georgia Receiver
Ordered to Enter Into a
Contract.

MACON, Ca, April 9.-The decision |
of Judge Speer, rendered yesterday in
the case of the petition of the Brother
hood OF Locomotive Engineers, to re-
quire 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 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 re-
ceiver will be instructed to enter into
the contract petitioned for by the en-
gineers, Judge Speer discussed at
length the interesting questions in
volved. He said:
1t will not be wise for those engaged
In the maintenance OF public order to
ignore the immensely Of the changes In
the relations of the employing and the
employed classes occasioned by the
phenomenal development of commerce
and the prevalence OF labor organlZa-
tons. We are in this case directly con-
cerned with a corporation and LABOR
organization, and both engaged in
Railway transportation.
In this department of industry it is
reported by the interstate commerce
commission that there is invested in the
United States 50, S29, 475.015, OF nearly
eight times the entire national debt OF
the country. Last year the railroads
transported 530,0OO,00 passengers, or
more than eight times the entire popu-
lation of the United States. The oper-
atives employed by the railroads num-
Der 1900, and it is no thrilling
testimony to the faithfulness and eff
cheney OF this mighty army OF railroad
employees that of the vast popula-
tion transported under their care only
293, or less than one One-thOusandth
of l per cent, lost their lives. 1t is,
moreover. true that no operatives OF
railroad, more than the locomotive en-
gineerS, are charged with the preServa-
ton Of life and property. When we are
advised by the proof that thereby $4,000
of the locomotive engineers of the
United States (mOre than 80 per cent?
belong to the brotherhood, it is difficult
10 believe that their membership
Lessons Efficiency
to employers r fidelity to their SUI
preme duty to the public. But whether
these facts, and other facts equally we'll
known and equally significant, will
Justify governmental control of con-
tracts essential TO the uninterrupted
transportation of the country, in which
the public is so vitality concerned. it is
clear that where the property of a rail-
way or other corporation is being ad-
ministered by receiver. under the
experimenting power OF a court OF
equity, it is competent for the
court to adjust difficulties between the
receiver and his employees, which, in the
absence of such adjustment, would tend
to injure the property and to defeat the
purpose of the receivership. Indeed,
the power of the court to direct con-
tract between its officers does not ap-
pear to be questioned. The most i'm
portant difference between the parties
is as to 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:
The Obligation.
"TweIfth-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 violation of
the obligation if member OF the
Brotherhood of Locomotive Engineers
who may be employed on railroad run
in connection with or adjacent to SAID
road continue 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
grievances or issues of difference of any
nature or kind have been amicably Sc
tied"
This rule is understood to have been
adopted by the brotherhood in Denver
three years ago. In his testimony Mr..
A. b. Youngson, the assistant chief en-
glneer. frankly admitted that the effect
of this rule, as applied to the properties
in the hands of the receiver and the en-
gineers in his employ, would he as fol-
lows:
''lf, in the pursuance of the business
of a common carrier, with which the
receiver is charged, it 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 engineers, il 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 proceed, loyalty to the brother
| hood required that the engineer should
| at once resign his station and abandon
| his duty"
He might, he stated. if he thoue hit
| proper, carry the train to the terminal
| point. Now, there cannot be doubt that
this rule of the brotherhood is in direct
| and positive violation of the laws of the
| land, and no court, state or federal,
could hesitate for moment so to de-
| clare. 1t is plainly rule or an agree
| ment in restraint of trade or commerce,
! as described in section 1 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 to defeat the provisions of the
interstate commerce law inhibiting
| determinations in the transportation Of
| freight and passengers, would be liable
| to the severe penalties of the statutes.
/ Now, it is true that in any conceivable
strike upon the transportation lines of
! this country, whether main lines of
| branch roads, there would be interfer-
enee with the interstate or foreign
| commerce. 1t will be practically i'm
possible hereafter for body of men to
| combine to
| Hinder and Delay
| the work of the transportation company
without becoming obnoxious to the pro-
visions 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 these penal statutes. Organ
| iZed labor when Injustice has been
| done or threatened to its membership,
| will find It's useful and valuable
mission Ill presenting to the courts
of the country strong and
resolute protest. and petition for re-
dress against unlawful trusts and other
combinations which would do unlawful
wrong to it. Its membership need not
| doubt that their counsel will be beard,
nor that speedy or exact justice will be
administered wherever the courts have
Jurisdiction. 1t will follow, therefore,
l.