The herald., 1894-11-09
BROTHERHOOD TRAINMEN.
Continued from First page.

Mr.. HarrI5, who elgns the telegram
both as president and receiver. evidently
forgets the company is no longer in con-
trol--that it can have no present policy
on the su biect and what it's past policy
was is OF slight consequence. The
Reading railroad, being now in the
hands OF the receivers, the receivers and
the employees of the company are Off
GERS OF the court. The court, therefore,
and not the company is the employer OF
all the persons engaged in the operations
OF the road. The present policy of the
court, and not the past policy Of the
company, is the material thing to b9
considered, and hence the precise ques-
tion is, will the court Eow lay down the
rules that members OF the Brotherhood
OF Railway tranmen shall, because they
are such mem bers. be discharged from
the service of the roadf
Third-The court, it is admitted,
ought not and cannot lay down any such
rule on the ground that until the pur.
pose or objects OF the brotherhood, or
the means by which they are to be at
tanned, are shown to be illegal.
First-The general purposes and OBJ
iects of the brotherhood are stated in
the preamble to the constitution, as fol-
lows:
ITO unite the railway trainmen, to
promote their general welfare and ad-
vance their interests socially and intel-
lectually; to protect their families by
the exercise OF systematic benevolent
society, neediulin calling 30 hazardous
as ours, this society has been organized.
"Persuaded that it is for the interests
both of our mem bers and their employ
era that good understanding ahould at
all times exist between the two, it will
be the constant endeavor OF this order
to establish mutual confidence and Gre
ate and maintain harmonious relations" !"
Such are the aims and purposes OF the
Brotherhood of Railway Trainmen.
Certainly these obiects muet be re-
garded as laudeble in the highest degree
and ss deserving the appreciation and
support OF every good citizen. These
are indeed practically the same as those
for which the working people are ex-
pressy authorized to incorporate them-
selves by act OF congress, the statutory
description OF such objects being: For
the purpose of aiding its members to
become more skilful and efficient work.
ere, the promotion OF their general in.
telligence, the elevation OF their char
| acter, the regulation of their wages end
their hours and condition OF labor; the
protection CT their individual 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 mem bers, or
for such other objects 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
captious critic can object, except the
provisions made for strikes. 1t is we'll
to note that even these provisions are OF
an eminently conservative character
that great care is taken to guard against
the abuse OF weapon which is a two-
edged sword, and generally proves ae
damaging to those who use it as to those
against whom it is used. Thus by the
brotherhood constitution and rules, {
strike does rot take effect until ap
proved, first, by the local grievance
committee, second, by the general griev
ancs committee, third. by board o
adjustment and fourth, by the grand
master with the consent OF two-thirds o
the members involved; while striking
or inciting to strike, except in accord
ance with the above rules, is punished
by expulsion from the brotherhood.
Third Nevertheless, among the
means OF mplishing the ends OF the
brotherhood ia the bringing about of 6
strike. AS what the strike is is not de-
fined by the brotherhood constitution
and rules, it's precise nature must bt
determined by the court; and as tht
brotherhood is entitled to the ordinary
of lavu ft1lp fap "a h.
DDS as well as its objects until the con
trary ia shown, the court will hold tn,
thing termed ''strike" in the brother
hood constitution and rules to be some
thing lawful, unless there cannot be
such thing ss lawful ''strike."
Fourth-But whatever may be tht
customary or probable incidents of th
accomplishment of a strike, it canno
be ruled that there is no such thing a
legal strike, that every strike must b.
unlawful,
The necessary elements of strike ar
only three: Q) The quitting of work
(2) by concert between two or more; g
simultaneously-and of themselves in
volve no taint of illegality.
A strike becomes illegal when to thos
necessary features are added others
such as malicious intent, followed by
cruel injury, intimidation, violence, tn
creation of public nuisance or brescl
of the peace of any sort.
Fiith-But it is unnecessary to elabo
rate the proposition that q strike is no
necessarily unlawful, since it is emphati
cally sustained by the recent decision G
the circuit court of appeals, in tn
Farmers Loan and Trust company w
Northern Pacific Railway company
just decided in Chicago, and it is hsrdl
necessary to point out that the attend
ing conditions which often make strike
unlawful, are none OF them provided fo
by the brotherhood constitution an
rules, and cannot, therefore, be assume
to be necessary incidents of any strik
occurring pursuant to them.
Ii the rule that a member of tn
t Brotherhood of Railway Trainmen sha
3 not work for the Reading company car
Q rot be iuatified because OF any thing in
: herently unlawful in the consttutio
j and rules of tine brotherhood, the onl
: remaining ground on which it can /
r defended is thar of business expedieno
9 Ii is conceivable, though the spect
, Gle would be curious one, that a cou
D OF the United States may, on busineI
g grounds, refuse employment to person
r for no other reason than their membe
il ship OF an association whose PURPOSE
n the laws of the United States express
d eanction. But it is safe to say the col
y siderstion OF business policy impellr
the court to the course suggested shou
= be Of the clearest and most cogent cha
nd a a n mr.