The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1894-01-12
COURTS DISAGREE.
The Order Which Judge Jenkins
Made at Milwaukee Regarding
Northern Pacific Employees
Was Not Entered in Full by the
Court at st. Paul-Judge
Caldwell Objected
TO That Part Of the Order Which En-
Joined the Men From Striking.
What He Would Do.

LITTLE ROCK, Jan. 4.-Apropos the
threatened strike which was to have
taken place Tuesday on the Northern
Pacific and the recent order of Judge
Jenkins at Milwaukee enjoining the
strike and the subsequent order of Judge
Caldwell at st. Paul, the following will
be of interest to the public. The gen.
eral administration Of the receivership
devolves on the United States circuit
court at Milwaukee. That court is
called the primary jurisdiction, the re-
ceivers having first been appointed and
the property turned over to them under
the orders Of that court. But it was
necessary that the United States courts
In the other states through which the
road runs should confirm for that district
the action Of the Milwaukee court.
This was done by filing a bill and pro-
curing ancillary receiverships in each
state. All orders of the court of primary
jurisdiction requiring to be enforced in
the other states are usually entered as
Of course, and presented to those courts.
Refused to Enter the Order.
But a gentleman in the city from
st. Paul says the United States circuit
court in that city refused to enter that
part of the order of the Milwaukee court
enjoining the officers of labor organiza.
tons from ordering a strike on the road
or the employees from striking on &C.
count of a reduction Of their wages, but
did enter so much of the order as en-.
Joined the employees in case they struck
from interfering with the property o,
men employed to take their places.
When Judge Caldwell was appealed
to for information on this point he de-
clined to say more than that the writs
issued by the two courts will disclose
the the difference between them. Tt
IN Associated Press reporter who asked
Judge Caldwell if there was any danger
of a strike on any of the roads in this
circuit in the hands of receivers, he an
swered that there was not as far as he
knew.
What Caldwell Would DO.
Upon being asked what he would d.
If q strike was threatened on account Of
a reduction of wages on any of the roads
for which he had appointed receivers
he replied:
eff receivers should apply for leave t.
reduce the existing scale of wages, be
fore acting upon their petition l would
require them to give notice of the appli
cation to the officers or repr esentative'
of the several labor organizations to b,
affected by the proposed change, Of tn
time and place of hearing and would
also require them to gran
such officers OF representativ
leave Of absence and fur
nish them transportation to the place o
hearing and substituting them while il
attendance, and 1 would hear both side
in person or by attorneys, if they wante'
attorneys to appeal for them. The EN-
ployes on a road in the hands of a re
ceiver are employees of the court, and a
much in its service as the receiver
themselves, and as much
Entitled to BE Heard
upon any proposed Order or the couf
which would affect the Who'll
body of employees. If, after
full hearing and consideration,
found that it was necessary
equitable and best to reduce the scale 0
wages, l would give the employees ampl
time to determine whether they woul,
accept or reject the scale. If they re
jected it, they would not be enjoine'
from quitting the service of the cour
either singly or in a body; in othe
words, I would not enjoin them fron
striking; but if they made their electio,
to strike / would make it plain to ther
that they must not, they quitting tn
service Of the court, interfere with tn
property Of or the operation of the roa
or the men employed to take thei
places.
"a United States court can yer
readily find the means to effectuall
protect the property in its possessio
and the persons in its employ. / hav
in one Or two instances pursued tn
policy I have indicated, and the differ
ences were satisfactorily adjusted"