The mirror. (Stillwater, Minn.) 1894-1925, 1894-11-15
fOllOWS:

follows:
"'To unite the railroad trainmen, to
promote their general welfare and adj
vance their interests socially and in
tellectually; to protect their families by
the exercise of d systematic benevolence
society, needful in calling SO haZar-
dous as ours, this. fraternity has been
organized. Persuaded that 1t is for the
interests both of our members and their
employers that a good understanding
should at all times exist between the
two, it will be the constant endeavor of
this organization to establish mutual
confidence and create and maintain
harmonious relations
"Such are the aims and purposes of
the Brotherhood of Railway Trainmen,
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-the
statutory description of such objects
being for the purpose of aiding it's
members to become more skilIful and
efficient workers, the promotion of their
general intelligence, the elevation of
their character, the regulation of their
wages and their hours and conditions
OF labor, the protection of their indi-
Vldual rights in the prosecution of
their trade or trades, the raising of
funds for the benefit of dead, disabled
or unemployed members, or the families
OF deceased members, or for such other
object or objects for which working
people may lawfully combine, having
IN view their mutual protection or
benefit
AS TO STRIKES.
'SecOnd-If the means to these
praiseworthy ends be now examined.
there is nothing in them to which the
most captiOuS critic can object. except
the provisions made for strikes. 1t is
we'll to note that even those provisions
are of an eminently conservative char
acter; 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
1T as to those against whom it is used.
Thus by the brotherhood constitution
and rules strike does not take effect
until approved, first, by the local grev-
ance committee; second, by the general
grievance committee; third, 10y board
OF adjustment. and fourth, by the grand
with the consent of two thirds
OF the members involved, while striking
or melting to strike except in accor-
dance with the above rules, is punish
able by expulsion from the brotherhood.
"Thlrd-Nevertheless, among the
means of accomplishing the ends of
the brotherhood is the bringing about
OF the strike. AS what a strike is, is
HQfinO6 INV 10
tuition and rules its precise nature must
be determined by the court. And, as
the brotherhood is entitled to the or
binary presumption of lawfulness for
its methods as we'll as its objects until
the contrary is shown, the court will
hold the thing termed strike in The
constitution and rules to
be something lawful, unless there can
not be such thing as lawful strike.
"FOurth-But whatever may be the
customary or probable incidents or &C
cOmplishments of a strike, it cannot be
ruled that there is no such thing as
egal strike-that every strike must be
unlawful. The necessary elements Of
4 strike are only three-tirst, the quit
ing of work; second, by concert be-
tween two or more; third, simultane-
)usly-and in these Of themselves they
rave no faint of illegality.
A STRIKE BECOMES ILLEGAL
when to these necessary features are
ldded Others such as a malicious intent
followed by an injury, intimidation
Violence, the creation of public nuiS-
NICE, or a breach of the peace of any
Ort.
"F'lfth-But it is unnecessary to elab-
,rate the proposition that d strike is
lot necessarily unlawful since it is
sustained by the recent
leciSlOn of the circuit court Of appeals
n Farmers Lean and Trust Company
IS. n Orthern Pacific Railroad Company.
ust decided in Chicago, and it is hardly
necessary to point out that the attend
ng circumstances which often make
trikes unlawful, are none of them pro-
'ided for by the brotherhood constitu-
ion and rules and cannot therefore be
SSumed to be necessary incidents of
NY strike occurring pursuant to them
''Sixth-If the rule that member of
he Brotherhood of Trainmen shall not
work. on the Reading railroad cannot
e justified because of anything in
erently unlawful in the constitution
nd rules Of the brotherhood, the only
ground on which it can be
ClOA"OU 10 oiioo VI UuolIlSSS cX pc
iency. 1t is conceivable.
hOugh the spectacle would be a curious
ne, that court of the United States
lay, on business grounds. refuse en-
loyment Of persons for no other reason
han their membership of an assOcia-
on whose purposes the laws of the
'nited States expressly sanction. But
is safe to say the consideration of
uslness policy impelling the court to
1e course suggested should be of the
earest and most cogent character, and
lat the question presented is one
'hich the court will recognize as of the
reatest interest and importance.
In considering the question of the
uslness expediency of the employment
the brotherhood men, such objection
there is to it must arise from the
lct that under its constitution and
lies the employees may engage in
rike with all the natural and possible
cidents and consequences. 1t can