Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1894-04-12
CrHOl.p lbs HIS FAMOUS NORTH
ERN PACIFIC ORDER.
MEN MUST NOT AND SHALL NOT
S'rklkE.
One Slight Change Made, but Words
Stricken out Are Really Covered
Elsewhere Parts OF Che Order Most
Objected to Are Allowed to Stand,
-nuudy With Employees,

Milwaukco, April 6,-Iludge Jenkins,
this afternoon rendered his decision ON
the motion made by the chiefs Of all
the great organizations Of railway men
for Modification Of his order for
bidding Northern Pacific employees
from striking against the reductions
OF wages ordered Ivy the receivers Of
that road.
Judge Jenkins was asked by the
mems representatives 10 cNpungr from
his order these words And from
combining and conSpiring to quit, with
or without notice, the service of
said receivers, with the objection and
intent of cripplng the property inI
their custody, or embarrassing the op
erationS of said road, and from 81
quitting said receivers. with or with
out notice. as to cripple the property
or To prevent or hinder the operation
of said railway
Ii WAS also asked that pasScl gCS In
the supplementary injunction, cover
ing the same ground moro strongly, he
eliminated The ohiCct was to put to
the test the question of authority to
issue such order the understanding he
ing that If Judge Jenkins maintained
the position originally taken an ap
peal would he taken to the United
States court Of appeals,
The opinion rendered today modi,
tics the injunction 10y striking ont the
clause which reads: And from or
dering. recommending, approving or
advising others to quit the service of
the receivers of the Northern Pacific
on January LIST or Mt any other time
In all other RESPECTS the Judge denies
the motion OF the men.
Judge Jenkins opened his opinion by
saying 1t was not the province OF the
court to assume any part In the con-
test between capital and labor. 1t
might be that aggregated capital Is
fraught with danger To the republic;
| 1t might be that aggregated labor Is
perious to the peace of society and the
rights of property
| Doubtless the rights OF both had
been invaded and that each had
wrongs. If danger existed to the state
from the force of capital or labor 1t
was not the province of the courts to
deal with It. That was for the lcgis-
lative branch of government to take
up and remedy by appropriate enact
nents. The duty of the court was
merely to execute law as found
The opinion then goes on nj length
to argue that, If the conspiracy to III
lure the business of the company as
alleged Is true, the court certainly has
n right to Interfere by injunction to
prevent 1t. the interests of the owners
of the road being, on account OF the re-
ownership, directly in the keeping Of
the court,
1t would not do to say the court
could punish the consWrators after n
strike by contempt proceedings. Such
punishment would not be adequate.
because the damage wrought by tying
up traffic, not only to owners OF the
road, but to the general public, was IT.
reparablc by any assessment or pc
cuniary damages. Moreover, such
punishment would be next to impossi'
| bic to execute over such n great stress
Of territory. Besides any peciniary
onalties assessed would not go to the
D, sons damaged, but to the court
Attorney Charles Quarles, who rep
resents the labor organizations, stated
Mt the close of the reading OF the de-
cision that an appeal to the circuit
court Of appeals would be taken to
! ~, At, a ~ tho nFDnpf
papers could be prepared.
The case may reach the supreme
court In time.
TO RESTORE EMPLOYEES PAY.
Omaha, April 6.-The American Rail
way union applied to Judge Dundy,
In the fedora court, to have restored
the salaries cut by the receivers OF
/ the Union Pacific last August The
fudge declared he will do IT. Judge
! Dundy was visibly excited In address
/ Ing the attorneys after the applca-
ton was heard.
I He said that " wages Of the men
had been cut as claimed, while those
of others who were drawing higher
pay nau not, he "Oulu ste w u tndN
those drawing less pay were treated
IN the same way by the old pay being
restored Still he thought 1t but fair
the other side should have notice and
suggested waiting till the return OF
General Manager Dickinson.
He spoke at some length Of the
trouble which he had got himself
into some time ago by following the
president set by Judge Jenkins in the
Northern Pacific case. He did not pro
pose to get himself In position 10
again be denounced by all the papers
Of the country. even though he was
merely following another judges lead.
lie wanted 1t understood that II any
employe OF the road had been wronged
by having his pay reduced he would
not have to join any union 10 get
justice one him. He would hear one
person as readily as -four thousand.
COAfMONWEAL'S PROGRESS.