The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-07-01

ant company, and were employed
by it to, among other things,
handle and operate its trains 30
engaged in carrying the United States
mail and passengers and freight between
National City, CAL, and Chicago, ILL.,,
and to and from intermediate points,
and from the time OF their employment
up TO the time of the commission OF the
acts complained of by the complainant
were duly accustomed to handle and OPP
crate such trains, including Pullman
cars; that subsequently the defendants,
although remaining and still remaining
in the employment OF the complainant
company, refused and still reiuae to ham
die or operate any train OF cars OF the
complainant company to which Pull
man car is attached, and, because OF the
discharge by the receivers IN possession
and control of the Atcheon, Topeka and
Santa Fs Railroad company of certain
employ aes of theirs for refusing to han
die or operate any train of that road to
which q Pullman car ia attached, the
defendants to the preeent bill, while re-
manning in the employment OF the COM
plainant company, refused and still re-
fnse to handle or operate any OF the
trains of the complainant company en-
gagged in carrying the mail of the United
States and in the aforesaid interstate
commerce, which their regular and &C
customed duties az such employees re
CURED and still require them to operate
and handle.
Undoubtedly, in the absence OF
valid existing contract obligaiing the
defendants to remain in the employ
ment OF the complainant company. they
would ordinarily have the legal right to
quit this emp loyment and cease work az
any time. But the bill alleges that the
defendants continue in the employment
OF the complainant company and yet re.
fuse to perform their regular and accus-
toned duties "a such employees; and it
further elbows that such refusal subjects
and will continue to subject the COM
plsinant to multiplicity OF quits and to
great and irreparsble damage, in that
there is an existing valid contract re-
curing complainant to attach Pull
man car or cars on all its through trains
for the carriage of passengers and the
mail, and also retards and interrupts
the complainant in the transmission OF
the United States mail and the inter-
state commerce Aforesaid.
at is manifest that forslshis state OF
affairs the lsw-neither civil nor GRIM
inal-affords an adequate remedy. But
the proud boast OF equity is, 'Ubi jus,
ibi remediun;' it is the maxim which
forms the root OF all equitable decisions.
Why should not men who remain i'll
the employment Of another perform the
dutes they contract and engage to per-
form? 1t is certainly just and right that
they do so, or else quit the employ ment.
And where the direct result of such re-
Il Il 10 ft,n
employer, and at the same time inter-
fsTes with the transmission OF the mail
aud commerce between states, equity,
l think, will compel them to perform
the dutiea pertaining to the employment
90 long as they continue in it. If un-
lawfully obstruct bv dam a stream of
flowing water, equity, Mt the suit OF the
party injured, Will compel me by injunc-
ton, mandatory in character, to remove
the dam, and, prohibitory in character,
from further interfering with the flow OF
the strerm; and, il l unlawfully erect a
wall shutting out the light from another,
equity will compel me to tear it down
and to refrain from further interference
with the others rights. 1t ie trne that
such cases are not precisely Ike the
present one, vet, the principle upon
which the court proceeds in such cases
is no exact precedent for the awarding
OF an injunction in the present case. |
respond, in the language of the court in
the case OF Toledo etc. Rv. Co. We. Penn
sylvania company, "a Fed. Rep, ISL
Every just order or rule known to
equity courts was born OF some emer-
gency, to meet some new condition, and
was therefore in its time without prece-
dent. II based on sound principles. and
bene6cent results follow their enforce
ment, affording necessary relief to the
one party without imposing illegal bur-
dens on the other, new remedies and
unprecedented orders arenot unwelcoms
aids to the chancellor to meet the con-
slant and varying demands for equitable
relief"
Moreover, the rights OF the public in
a case of this sort should be considered.
Railroads. said the supreme court in
the Case OF Joy VS.. st. Louis, 13S U. s +.
page 90, are common carriers and owe
dt1tiaa n tho rt1hlic frho viubfr ~ ho