The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-07
MODIFIED It SOMEWHAT
Decision by Judge Jenkins on the
Motion Of Chiefs Of Railway
Organizations.
They Asked for "a Modification oi
His Northorn Pacific Strike
Order.
Part OF the Request Granted and Part Of
II Denied-Judgs Dundy Gets
Excited.

MILWAUKEE. April G.-JudRe Jenkins to-
day rendered a decision On the motion
made by the chiefs Of railway organizations
for mobilization Of his Northern Paoi &c
strike order. The decision mOdifea the
injunctional orders by striking out the
clause which reads, 'and from ordering,
recommending. approving or advising
others to quit the service OF the Northern
Pacific railway on June l. 1894, or any
other time"
The petition asks for a modification Of
the in junction OF Dec. 9. By sHpunRing the
words. "and for combining and eonspiring
TO quit. with or without notice. the service
Of Gaid receivers with the object and In
tent Of cripplinR the property in their Gus
tody, or embarrassing the operation Of the
road. and from so quitting the service Of
said receivers, with or without notice. a. TO
cripple the property. or 20 prevent or him
der she operation of said ioaj."
The object Of the motion was 10 bring 10
direct issus before the court the question
whether the court can grant iniunctions TO
restrain employees from striking.
Judge Jenkins said: "In ths discussion
Of the important and interesting question,
presented by the motion. IL is not the
province of the court 20 assume part In the
contest between capital and labor which. II
is asserted here. is involved. II may be
that the aggregated power Of combined
capital 10 fTaught with danger TO the re-
public. Il may be that the aggregated
power Of combined labor is peril0us 90 the
peace of society and the rights OF property.
IL donbtless Is true that in she contest the
riphts Of both have been invaded. and that
each has wrongs 10 be TsdTegaed. II dan
ger TO tho state exists from com binatiOn OF
capital or labor u is within the province
OF the Legislature TO determine the nscea-
saTy remedy, but IL 10 the duty Of the courts
10 restrain those warning factions so far as
their action may infringe the declared law
OF the land, that s0cisty may not be dis
rupted.
III the combination and conspiracy al
legged, and tho acts Threatened in pursu-
anes thereof. are unlawful. 10 cannot. /
think. be successfully denied that 20 re-
strain by injunction is the appropriate
remedy. The interference with the Opara-
tions of a threatened railway, IL carried
into effect would result in the paralyzing
Of the business. stopping Of oommefcs ebb-
lag and flowing through seven states OF
the union. working incalculabls niHTy 20
the property, and causing great public pTi-
vationa. CompenGation could be obtained
only through multiplicity of suits against
the 1900 men scattered along the line OF
the railway for distance OF 400 miles "
The judge then cited several authorities
and oontinusd: IL would be anomolous
indeed IL the court holding this property
In trust could not proteet IL from iniury."
As 10 the violation OF the individual rights
Of employees Judge jenkins held that each
employe of tie road was an official of tbs
court and TespOnsibls to the court for kia
conduct. Some Of the men have threat
sned 10 quit its employ and uss force upon
other employees and to prevent their places
being billed. lie could not sec how the re-
straining order inteTfered with individual
rights, as they had right to decline tbs
service. The restraint was only imposed
with reference 90 combining.
WASHINGTON. April Representative
Bostner. chairman Of the Congressional
committee to investigate she anti-stTike in
junction Of Judge Jenkins. says the modi-
led decision OF Judge CaldWsll will not al
ter the plans OF the committee. The in
vestigation will be unaffected bY anything,
even what Judge Jenkins himself may say.