The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-11-09

or objects for which working people may
lawfully combine. hayiny IN view sneir
mutual protection or benetitg
'.Second-If the means 10 these praise
worthy ends be not examined. there -
nothing in them TO which the most
capsious critic can object, except
the provisions made Tor strikes.
It - vel to note that even
these provisions are OF an eminentiy
conservative caaracter-that great care -
taken 10 guard against the a5use oil q
weapon which 10 q two-edged sword and
generally proved rs damaging TO those who
use il as TO those against whom IL Is
used. Thus, By the brotherhood eonstitu-
ton and rules. strike does not take et-
feet until approved first by local grew
ance committee: second, by the general
grievance committee: third. BY a
board of adjustment. and fourth by the
grand master, with tho consent OF two
thirds of the members involved. while
striking or melting 10 strike. except IN ac-
cordance with the above rules, Il punished
by expulsion from the brotherhood.
.Ihird-Severthe3ess, among the means
Of accom- plishirg the ends Of the brother
hood is the bringing about of strike. As
what strike 10 is not defined by the
brotherhood constitution and rules. its
precise nature must be determined oy
is entitled 10 the ordinary presumption of
Iswfulness for It's methods as well as its
objects, until the contrary IS shown,
the court will hold the thing termed
strike in the brotherhood constitution
and rules to be something lawful, unless
there cannot be such thing IS lawful
strike
"Fourth-But whatever may be the Gus
tomary or probable incidents or accom-
.frxa<a 80 ~ ha rrrt al
that there il no such thing as legal
strike. that every strike must be uniaw-
ful. The necessary elements of q
strike are only three: l, The quitting of
work; 2, By concert between two or more:
8. simultaneously; and of themselves in
voiye no faint of iilegality. A strike be-
comes illegal when 10 these necessary
features are added others, such as . mali
cious intent followed By cruel injury.
intimidating, violence, the creation of a
public nuisance. or breach OF the peace
of any sort.
"Fifth-But il is unnecessary to eiabo-
rate the proposition that q strike il not
necessarily unlawful, since il is emphati-
caiiy sustained by the recent decision of
the circuit court OF appeals In the
Farmers Loan and Trust Company Vs. the
Northern Pacific Railoyay Company, Just
decided In Chicago and II Is hardly neces-
sary to point out that the attending cir
cumstances, which often make strikes
unlawful, are none of them provided for
by the brotherhood constitution and
rules. and cannot therefore be assumed 10
be necessary incidents of any strike occur
ring pursuant to them.
Fourth--If the rule that q member of
the Brotherhood of Railway Trsinmen
shall not work on the Reading railroad
cannot be justified because of anything in
herentiy unlawful in the constitution and
rules of the brotherhood, the only re-
naming ground on which il can be
defended 10 that of business sxpediency.
1t il conceivable, though the spectacle
would be curious one, that q court of the
United States may. on business grounds.
refuse empioym ent to persons for no other
reason than thor embsrship of an asso-
citation whose purposes the laws of the
United States expressly sanction: but il is
safe to say that the consideration of BUSH
meas policy impeiling the court 10 the
course suggested should be of the clearest
and most coeent character. and that
the question presented Is one which
the court will recognizes as of
the creates. interest and importance.
In considering the question of the pusr-
ness expediency Of the employment of
brotherhood men. such objection as there
is TO /, must arise from the fact that under
It's constitution aud rules the employees
may engage in strike, with all the
natural and possible incidents and
consequences. II can hardly be denied
that Otherwise the brotherhood organiza-
ton is not only not Objectionable, but
is salutary ia its operation. both
as regards the employees and employers.
Il should be RENE tpbered in the first place
that the risks Of . strike are not obviaied
by excluding the members Of the brother
hood from tho receivers service. Men,
dpes % fhemsetva&
seeking relief or redress, though
not associated in any formal way or for
any general purpose. may easily unite for
line single purpose of . strike. In that
view the brotherhood constitution and
-ules may well be regarded as operating
n restraint of strikes. By compelling
the question of strike or no strike TO be
acted upon affirmativelv by four or five
different independent tribunals. they GER
tainiy tend TO prohibit strike that is rash
or reckless, o. for other than weighty
cause.
while, therefore. under the circum-
stances Of the present case, the possible evil
aence of o strike would seem TO be mini
mized, it should not be forgotten, in the
second place. that the receivers proposed
remedy, to-wit., rule excluding or dis
charging from the service any and all
members of the brotherhood, Is itself open
10 serious objections and disadvantages.
Mr.. oiney sums up the matter as toll
lows:
II. The rule is of doubtful value as
preventive of strikes. because IL leaves en-
ployes 10 act upon impulse and from pas
sion. and freed from the restraints Of the
brotherhood reg ulations.
- The rule is of doubtful value when
the court is the real employer, both from
the reluctance of the employed 10 defy the
courts authority and from the power of
the latter 10 speedily and summarily vim
dictate il.
''s The rule is of positively injurious
tendency in the disaffectlon and ciscon-
tent eugendered among employees by the
denial TO them of rights enjoyed by citi-
xsns generally, and deemed necessary for
their security and comfort.
- The reputation OF the rule. on the
other hand, hes the positive merit of
tending 10 secure for the service the
good viii of employees, and thus promot-
ing its etHaiencg: Of recognizing the real
conditions Of the capital and labor prob
lem, and the fact that labor both
lied; Of the illustration OF the
working. under the meet favorable aus
pices, o. the principle Of arbitration a. the
means Of adjusting she differences between
capital and LABOR; Of concentrating tbat
there IS not one Law for one class
Of the community and anotnsf Tor
another. but the same Tor all, and
of thus tending 10 preserve for the Law.
and tor the judiciary BY which II Is ad-
minstered, that general respect aad
confidence which have always oSea q
marked characteristic as well IS sxcsiieaee
o. our Institutions"
Gen. Howard on the Retired List
NAsEISGTos CRY. Nov. s-A formal or
der ass issued from the var department.
"a