The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-11-09

De Illegal
"First-The general purposes and OBJ
jects of the brotherhood are stated il
the preamble to the constitutions as
follows:
To unite the Railway Trainmen, tt
promote their general welfare and ad.
vance their interests socially and in.
| tellectually; to protect their families
| by the exercise of a systematic benev-
| olence society, needful in a calling sc
| hazardous as ours, this fraternity has
been organized.
=" Persuaded that it is for the inter
ests both of our members and theil
should at all times exist between the
two, it will be the constant endeavor
of this order to establish mutual con-
| fidence and create and maintain har-
monious relations.
q" Such are the aims and purposes OF
the Brotherhood of Railway Trainmen.
Regarded as Laudabie.
Certainly these objects must be re-
garded as laudable in the highest de-
gree, and as deserving the appreciation
and support of every good citizen.
These are, indeed, practically the same
as those for which the working people
are expressly authorized to incorporate
themselves by act of Congress-tne
statutory description of such objects
being. for the purpose of aiding its
members to become more SklllfuI ana
efficient workers, the promotion of gen
eral intelligence, the elevation of their
character the regulation of their wages
and their hours and condition Of labor
the protection of their Individual rights
in the prosecution of their trade or
trades, the raising of funds for the
benefit of death, disabled or unem-
ployed members, or the families OF de-
ceased members, or for such other OBJ
jects for which working people may
lawfully combine, having in view their
mutual protection or benefit
"Second-If the means TO these
praise-worthy ends be now examined,
there is nothing in them to which the
most cautious critic can object, except
the provisions made for strikes.
TT is well to note thab-even these
provisions are of an eminently conser-
vative character--that great care is
taken to guard against the abuse of a
weapon which is a two-edged sword,
and generally proves as damaging TO
those who use it as to those against
whom it is used. Thus, by the brother-
hood constitution and rules, strike
does mot take effect until approved,
first bv local grievance committee;
second. by the general grievance COM
mittee: third, by a board Of adjustment;
and fourth. by the grand master, with
fine consent of two-thirds of the mem
hers involved, while striking or inclt-
ing. except in accordance with the
above rules. is punished by expulsion
from the brotherhood.
What is a Strike?
Third Nevertheless, among the
means of accomplishing the ends OF the
brotherhood is the bringing about OF a
strike.
CAS- what a strike is, is not defined
Inv rhe brotherhood constitution ana
rules. its precise nature must be de-
termined by the court. Ana as tne
brotherhood is entitled to the ORDINARY
presumption of lawfullness Tor us
methods as we'll as its objects until the
contrary is shown, the court WIN nolu
tbe thing termed strike in the orolher-
800 nonst;+,ltion and rules to be some
thing lawful unless there cannot pe
srcb n thing as a lawful strike.
"E,ourth-But whatever may be the
customary or probable incidents OF ac-
complishments of strike, II cailiiot
he ruled that there is no such thlhS as
q logical strike-tflat every strike must
be lawful.
s"The necessary elements of strike
are only three: % The quitting OF
work: (2) by concert between two or
more; co simultaneously OF them
selves involve no faint Of illegally.
"a strike becomes Illegal when TO
these necessary features are adoed
others. such as a malicious intent, fol-
lowed by a cruel injury, intimidation!
violence. the creation of public nui-
sance or a breach of the peace of any
sort.
'eFifth-But it is unnecessary to
elaborate the proposition that a strike
is not necessarily unlawful, since it is
enphatically sustained by the recent
decision of the circuit court of appeals
in the Farmers Loan and Trust COM
pany VS.. Northern Pacific Railway
company just decided in Chicago, and
it is hardly necessary to point out that
the attending circumstances, which
often make strikes unlawful, are none
of them provided for by the brother
hood constitution and rules, and can
not, therefore, be assumed to be neces-
sary incidents of any strike occurring
pursuant to them.
"Fourth-If the rule that a member
of the Brotherhood Of Trainmen shall
not work on the Reading railroad can
not be justified, because of anything
unlawful in the constitution,
and rules of the brotherhood, the only
remaining ground in which it can be
defended is that of business expediency.
1t is conceiving, though the spectacle
would be a curious one, that a court of
the United States may, on business
grounds, refuse employment to per-
sons for no other reason than their
membership Of an association whose
purposes the laws of the United States
expressly sanction. But it is safe to
say the consideration Of business pol
icy impelling the court to the course
suggested should be of the clearest and
most cogent character, and that the
question presented is one which the
court will recognize as of the greatest
interest and Importance.
As to business Expedicncy.
I'm considering the question of the
business expediency of the employment
Of brotherhood men, such objection as
there is to it must arise from the fact
that under its constitution and rules
the employees may engage in a strike
with all the natural and possible Incl
dents and consequences. 1t can hardly
be denied that otherwise the brother
hood organization is not only unobjec-
tionable but is saiutary in its opera
tons both as regards the employees
and employers.
1T should be remembered, in the first
place, the risks Of a strike are not OBJ |
Waited by excluding the members of the |
brotherhood from the receivers serv-
&c. Men, deeming themselves ag-
grieved and seeking relief or redress. |
.hough not associated in any formal |
way or for any general purposes, may
EASILY unite for the single purpose of a !
strike. In that view, the brotherhood |
and rules may well be re-
,arded as operating in restraint of |
strikes BY compelling the question of I
strike or no strike TO be acted upon
by four or five different /
md Independent tribunals, they cer-
ainly tend to prohibit a strike that is |
ash or reckless or for other than |
yeighty cause. $
while, therefore, under the circum- |
"a rncac. of the ra1.acar1t ga Sc the nnssihle |