Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1894-06-09
THE JENKINS RULE.
Views Of House judiciary Com
mittee Minority.
CRITICISM Of BoATNER's REPORT.

OuTAsuhcttOu u the case DenIeu VuleSs Tue
House wanes to Impeach-Not the Com
mfttee's business to Define the Law
The Resolution of Censure Condemned
rs Move In the Direction of the Barter
of Justice for Votes.
WASHINGTON. June 9-The jenkins
strike injunction is revived by the sub
mission of the report of the minority of
the Judiciary committe of the house, a
subcommittee of which investigated the
judges action. The point of Judge Jen-
kins order restraining the members of the
trades unions on the railway from
striking is that n ..strikc" is al
ways violent = that it is organ
ever takes place without violence. The
minority gives the history Of the matter
and quotes the opinion accompanying the
original restraining order and that given
on the question of modifying the order.
A Thing Not To he Disputed.
In his. modifying" order the judge says:
None will dispute the general PROPOSE
ton of the right OF every one to choose
his employees and to determine the time
abandon such service peaceably and de-
Gently" The min ority proceeds to say
that the labor question in its relation
with railroads is one full of complication
because of the public interest which in.
tervenes. In ordinary cases between en-
ployers and employees the public has only
a remote interest. but here they have di-
rect one: not only free passage from place
to place is prevented, but supplies are cut
off and business paralyZed.
Prefers Not to Define Law.
"On the one hand it is for nobody's in.
terest to cripple the railroad owners, for
injury to them when made a systematic
and general would be death to all improve
ments and hindrance to other railroad
building; on the other hand men are en-.
| titled to a fair wage in the settlement OF
the amount OF which they must have a
reasonable combined voice. We have great
hopes that Il basis of settlement of such
questions will soon be reached: first, by
| finding what the law is, and second, by
agreeing to what it ought to be- We
therefore. must decline to follow the ma
.ority into any disqustion as to wha,
| the law is. That seems to be under con
troll of another branch and already in train
| to be settled authoritatively.
| Attacks Boatner's Position.
"Bu: the attitude Of the majority is one
| which ought not to pass without animal
| version. If, as the committee says. the
testimony adduced before us fails to show
any corrupt intent on the part of the
| judge if also, it is altogether possible
that he sincerely believes the order.
granted by him were sanctioned by law;
then the question should be left to the ap
pellate court. A federal judge in the ex
ercise of his functions having arrived at
conclusion without Nany corrupt INTENT q
conclusion he sincerely believes in ought
hardly to be harrassed by a congressional
committee, since he is quite as likely Il
be right on a point of law as they.
The House Not the Tribunal.
Individually, we may not believe hi:
law was sound, and may not think it will
be so pronounced by the tribunal of ap
peal. but if he was honest and has civer
his honest opinion honestly it would seen
as if the correction should come from an
other source and that the law should b,
settled by the proper tribunal prior Il
legislation. 1t may be that no Legislation
is required and the appellate court will
afford all the relief the country needs"
A CHALLENGE TO IMPEACH