Alma record. (Alma, Mich.) 1878-1928, 1894-03-09

forbids them to quit under eny circum-
stances
They can quit tomorrow and go to
Texas il they WILL retorted the Judge.
little excitedly. But they don't
want TO do that Their officers may
advise them, too"
But, your honor. they can't go nm
less each man puts as good man in
his place as he is himself, because
your injunction forbids ,them from
In any manner embarrassing the re-
ceivers in the operation of the road. IL
the object of the strike is to gain an
advantage il is legal; If the object is to
do injury, it is malicious. In either
case no injunction is necessary, as the
law Furnishes malicious trespass.
Definition OF IA Strike.
At the opening of the afternoon ses-
sion Attorney Quarles read Ia defini-
ton of a strike furnished by Grand
Chies Clarke, of the order of Railway
Conductors. 1t was as follows:
"A strike is a concerted cessation OF or re-
fusal 10 work until or unless certain conditions
which obtain or are incident TO the terms OF
employment are changed. The employe de.
the employer may Immediately employ another
TO fill his place, also knowing that he may and
may not be reemployed or returned 10 service.
The employer has the option of acceding to the
demand and returning the old employees TO serv-
ice Of employing new men or OF forcing condi-
lions under which the old men are glad to re-
turn 10 service under the old conditions"
Following this up Mr. Quarles said
that a strike was merely a com bination
to secure better wages or TO protest
against any unjust reduction. In this
case the Northern Pacific employees had
done no unlawful act and the only
thing they were suspected of being
about to do when the injunction was
issued was TO get the highest wages
possible, perfectly lawful proceeding,
provided they did not violate any law.
May lie Strikes without Violence.
At this point Judge Jenkins inter-
rupted TO ask if strike could be made
effective without the use of violence or
intimidation. Mr. Quarles thought it
could and called attention to the fact
that all the men were charged with
was that they intended 10 quit;
not that they contemplated any
violence or intimidation. After
saying that because some strikes
were attended with violence all the
strikes could not be declared illegal,
the attorney went on to say that the
court could not abridge the right of
any citizen, no matter how much it
might inconvenience corporation or
any person in particular 1t was not
right for court TO impose restrictions
upon any certain class, and TO deprive
labor of the right TO combine was to
take away its only weapon and Its only
shield.
The Other side.
Col. John II. Mcknight opened the
argument for the receivers He began
by making the broad statement that
the object of the writ issued by the
court was not intended TO limit the
right of the employees TO quit He
added that he knew the writ did not
prevent the men from quitting at any
time they might choose, because he
had asked the court to include that
clause and the court had refused.
II the order 10 strike had been is
sued said the attorney, great damage
would have been done. People along
the line of the Northern Pacific would
have suffered for the necessities of life
by the road being compelled TO stop
running trains. As it was, the turbu-
lent element was held in check.
Mr.. Mcknight went on to read the
clause in the bylaws of one of the
labor unions, wherein it was specified
that any man refusing 10 obey an order
of the union leaders would be expelled.
Attorney Harper interrupted to say
that this did not apply TO strikes but to
orders relative TO a settlement
Can Prevent Men from Quitting.
Changing his course a little'M Mr.. Nc
Naught argued that the court did have
as the road was being operated under
his orders
THE court" shouted the lawyer,
has the same power over these men
that he has over his clerk"
The clerk could quit" said Mr..
Harper
Not if his action in so doing would
embarras the court"
"Humph," CALCULATED Harper, "the
receivers could quit"
And throw this great estate into the
street." shouted Mcknight. Ruin
this great business involving millions
of dollars"
''Yes, they can quit any time they see
fit The law can compel no man TO
serve in position against His will"
called Harper an Anarchist.
Here occurred the most dramatic in.
cident of the day Attorney Mcknight
suddenly wheeled and facing Attorney
Harper he exclaimed in a voice so
shrill that it was almost a shrek:
THAT is anarchy; that is communism.
/ thought you were a lawyer, pardon
me for saying it."
Harper is a man of massive proper
tons, and he did not move a muscle of
his face, but, rising, said: Il repeat
that the receivers can quit whenever
they see TT The law can compel no
man to serve in a position against his
will, and if that be anarchy make tho
most of IL.
Before the adjournment the court
said that he desired to hear counsel on