The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-04-11
DUTIES Or RAILROAD MIN.
The Senate Discusses the Recent
Judicial Decision.
A LONG DEBATE RESULTS.
Great Diversity OF Opinion Among Sen
atOrs Upon the Subject.
A Resolution Passed Concerning an Early
Adjournment the Same, However,
As Reconsidered-The Roach
Investigation.

WASHINGTON, April 10.-The Senate
passed resolution for the appointment
of committee to wait on the president
and inform him that unless he has any
further communication to make, the
Senate is ready to adjourn.
A motion to reconsider was subse-
quently made by Mr.. Hoar and entered.
Resolutions for the investigation of the
charges against Senator Roach, North
Dakota, and Powers, Montana, were
offered by Messrs. Hoar and Chandler
and laid over till tomorrow.
Mr.. Hoar's object in moving reconsid-
GRAFTON was to secure action on the Roach
Investigation before adjournment.
The recent decisions of Judges Taft and
Kicks in Ohio, and Sheed in Georgia. in
relation to the rights and duties of rail-
road employees, came up In connection
with a resolution instructing the COM
mittee on interstate commerce to inquire
into that and other subjects, and a long
debate resulted.
Mr.. PETER thought Judge Kicks deci
sion, which had been a good deal criti
cised by labor organisations, would be
approved by them when they came to I'M
6erstand better its scope and view it in all
ITS fullness. 1t was the first great judicial
declaration OF principle concerning rela-
tons between employers and employees.
1t was declaration that a railroad en-
ploYee was as much common carrier as
railroad president or railroad company.
Judge Kicks decision, Mr.. PETER be-
lieved, would lead to the final adjustment
of all difficulties between employees and
employer OF carrying corporations. The
resolution was then referred.
Mr.. German said one matter to be
inquired into was the recent decisions of
the United States and whether, in view
OF the interstate commerce law and anti
trust law, the judges had right to de-
termine not only what the railroad en-
pioyee should do, but what he should
not do. These decisions were the first
great step on the part of the judiciary to
make serfs of men employed by railroad
corporations.
Mr.. Platt said he had not yet seen in
the decision referred TO, anything that
looked like usurpation of power by the
court or like degrading the workingmen
Of the country to the conditions OF serfs.
He believed the employees of railroads
had no more right to engage in discrimi-
nations of commerce than their employ
ers had and he did not believe there was
anything either in the interstate COM
merce act or in the antitrust act that was
not an affirmation of well considered and
well established common law.
Mr.. Jones offered a resolution instruct
ing Liz COlAut1lIC6 Oh aua1IS 10
continue their Investigations heretofore
ordered, with power to visit Indian reser-
vations and Indian territory.
Mr.. Sherman remarked that the in
vestigations ordered two years ago, should
have terminated by this time, and it
seemed to him there should be an end to
such investigations. Unless there was a
public demand for them, and some public
usefulness to come of them, popular
opinion would condemn them and say
they were pleasure parties organized at
the expense of the government OF the
United States. The debate drifted back
to discussion of the recent judicial de-
cisions.
Mr.. Nest said Judge Speer, in his deci-
sion, had only affirmed what every lawyer
knows to be common law. He decided
that any contract or regulation in re-
straint of the commerce of the United
States was absolutely void Any engineer
had the right to give up his engagement,
but when an association OF locomotive
engineers or any other association or cor
poration undertook to make a rule and
enforce it to the extent of interference
commerce, that rule was absolutely void.
Mr.. VOORHEES, said the most dangerous
question that the country was facing to-
day was the encroachment of corporate
power or colossal wealth against those
who were helplessly in its power and
car. This power claimed that the railroad
employe was enlisted as a private soldier
and if he left his post he was to be pun
ished as a deserter. He therefore felt it
his duty to introduce a resolution direct
ing an inquiry as to what action might be
necessary for the better protection OF Ia
boring people and their greater security
from the encroacnments OF corporate
power.
Mr.. Platt said 1t was not wise to attack
the judiciary of the United States; it was
not wise to intimate that judges were
czars; it was not wise to talk about the
disposition of the judiciary 70 reduce the
laborers TO a condition of serfs. Laboring
men had confidence in the courts and he
would be protected in all his legal rights.
But he did not believe and laboring man
did not believe that while engaged in the
employment of common carriers he
should choose his own time to leave that
employment.
After further debate the question went
over till tomorrow, when Mr.. Palmer
will have the floor to speak upon il. Then
the Senate adjourned.