Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-11-09

htf company arc officers OF the court.
me court. therefore. and not tho COM
pany, ~ the employer OF persons
named In the petition of the road.
The present policy OF the court, and
not the past policy OF the company. is
me thlng 10 be considered; and hence
the precise question, Will the cours lay
down the rule that members OF the
brotherhood OF Tralnmen shall, be-
cause they are such members. be dis
charged from the service OF the road?
Third The court, II Is admitted,
ought not and cannot lay down any
sueh rule on the ground that either
the purposes and objects OF the Broth
erhood or the means by which they
are TO be attained are shown 10 be IL
legal The general purposes and OBJ
JecIs OF the Brotherhood are stated in
the preamble to the constitution, Gs
follows: no unite the railway train
men, to promote their general welfare
ana advance their Interests. socially
and Intellectually: 10 protect their FAM
ines by the exercise OF systematic
systematic benevolent society IN a
calling 50 hazardous aS ours, this ira
yternity has been organized.
Persuaded that II Is Tor the Interest
both of our members and their em-
ployers that Il good understanding
should Mt all times exist between the
two, II Will be the constant endeavor
OF this organization TO establish COLI
idence and create and maintain har-
monious relations
Such are the aims and objects OF
the Brotherhood of Railway Train
men.
Certainly their objects must be re-
garded rs laudable in the highest de-
gree, and as deserving the approba-
ton and support OF every citizen.
They, indeed, are practically the same
as those for which working people are
expressly authorized to Incorporate
themselves by act OF congress, that
statutory reception OF such objects be-
ing Tor the purpose Of aiding Its mem
bers 10 become more skillful and ell
Client workers. the promotion of their
general Intelligence. the elevation OF
their character. the regulation of their
wages and their hours and condition
Of labor the protection OF their in
uividual rights In the prosecution OF
their trade, the raising OF funds for
the benefit of death, disabled or UNI
employed members, or the diseased
members, or for such othes object Or
objects for which working people may
lawfully combine, having in view their
mutual protection or benefit.
"Second-If the means TO this praise
worthy snd be now examined there is
nothing In them which the most can
uous critic can object, except the pro-
fNANfA' itAthA' iNA NAlAhtAt II Is we'll
TO note that even these provisions nre
or an eminently conservative charnc-
ter-that great question to gunrd
against the abuse OF weapon which
Is two-edged sword and genernllv
proves as damaging to those against
Mnotn u y used who by the brother
hoous constitution and rules a strike
goes not affect tn proved. first. BY the
local grievance committee; second. Inv
we general grievance committee,
thlrd, by board OF adjustment, and
fourth. by the Grand master with the
gS , OF two-thirds OF the members
lnNolVed; while striking or melting n
strike, except In accordance with Inc
apoYe rules is punished by exnulsion
from the brotherhood. N'9'o'
Fhird--Neyertheless. one means of
accomplishing the ends OF the brother
hood y the bringing about OF n strike
Ns What strike IL Is not defined bv
W protnefnood constitution, It's pre-
use nature must be determined bv
the court. "
And MS the brotherhood Is entitled 10
the ordinary presumption OF lawfnlne; q
Tor lts methods as well as It's obiectq
unth the contrary IS shown. the courl
VIII hold the thing termed 'strllse' In
the brotherhood constitution and rules
to be something lawful unless there
cannot be such thing as a lawful
strike
'Fourth-But whatever may be the
customary or probable Incidents or ac-
eomplishments OF n strike, II cannot he
ruled that there IS not such X thing
ms legal strike; that every strike
must be unlawful.
THE necessary elements Of a strike
are only; First, the quitting OF work;
second, d! concert between two or
more; third, simultaneously and In aid
of themselves, involve no faint OF Ille-
gality. strike becomes Illegal when
TO the necessary features are ndded
others, such as malicious intent
followed by actual Injury, Intimidation
violence, the creation OF a public null
sanee, or a breach Of the peace OF any
sort.
"Fifth-But is Is unnecessary N aIoh-
crate the proposition that a strike ia
necessarily unlawful. since II emphat-
lcally sustained by the recent decisions
OF the court Of appeals In the case OF
the Farmers Loan and Trust COMPANY
VS.. the Northern Pacific railroad COM
pany. Just decided in Chicago.
And II Is hardly necessary 10 polnt
out that the Intending circumstances
which often make strikes unlawful are
none OF them provided for by the
brotherhood constitution and rules, and
cannot, therefore, be assumed TO be
necessary Incidents OF any strike oc-
CURING pursuant 10 them. IL the rrle
that a member OF the brotherhood
trainmen shall not work on the Read-
ing cannot be justified because OF
anything inherently unlawful in the
constitution and rules OF the brother
hood the only remaining ground on
which 1t can be decided Is that Of bust
ness eNpediency
ut Is conceivable. though the specta-
Gle would be curious one, that a
court OF the United States may on
business grounds refuse employment Of
persons for no other reason than their
membership In an association whose
purposes the lava Of the United States
expressly sanction.
but It Is safe to say TINT the con-
alteration OF buslnesE policy lmpelllng
the court to the course suggested
should be or the clearest and most CO.
gent character. and that the question
presented Is one which the court will
recognize as OF the greatest Interest
and Importance.
business experience OF the employment
al brotherhood men. such objection as
there Is to IL must arise from the fact
that unSer its constitution and rules the
empioves may engage In strike with
nj me natural and probable Incidents
and consequences II can hardly be
denied that otherwise the brotherhood
orea nizntlon is not only not objections
able. but Is salutary In its operation
bnth "a regards the employers and the
employed. II should be remembered