The record-union., 1894-11-09
Important Expression of Opinion
From Attorney General 0lney
AS TO THE RIGHT OF RECEIVERS TO
DISCHARGE THEM
The Constitution and Rules of the
Order Calculated to Prevent Rather
Than InauguraUe HaSty Strikes-Or-
ganIzed Labor tho Only Safeguard
of the Workingman in His Dealings
With Organized Capital.
Special to the RECoRD-UNIoN.

Special to the RECoRD-UNIoN.
PHILADELPHIA, Nov. S.-The contro-
versy between the receivers of the Read
ing Railroad Company and such en-
ployes as are members of the Brother
hood of Railway Trainmen has prompted
an expression of opinion from Attorney
General Olney in the form Of letter to
Judge Dallas of the United States Cir
cult Court, before whom the case is pend
ing. The difficulty between the two or
ganizatons reached crisis on August
10Th last, when General Superintendent
Sweigard summoned before him eleven
employees and notified them they should
abandon the brotherhood as condition
of retaining their places with the railroad
company. Vigorous protests were made
against this alternative and the brother
hood urged the receivers to Withdraw 1t,
but In answer the receivers on Septem-
ber eth wrote: 1.-The policy of this COM
pany is well known to be that it will not
consent that persons in its service shall
owe allegiance to other organizations
which may make claims upon them
which are incompatible with their duties
to their employers. This position was
taken advisedly and we have no lnIen-
ton of departing from it,"
Attorney General Olney's letter is an
exhaustive discussion Of tine questions
presented, and he reviews the various
problems and consistent solutions TO be
applied in every aspect. In substance
he holds that labor unorganiZed is prac-
tically powerless; that in com mbination
such as this lies the only safeguard of
the wOrkingmen in his dealings with
organized capital, and that his right TO
belong to such a union-beneticial in
intent and purpose-js a legal right
which he can not be deprived of. The
letter is as follows:
Suggestions respecting the questions
raised by the petitions of Hymas. Ryley,
and other members of the Brotherhood
of Railway Trainmlen, the tendency Of
this petition having been incidentally
brought to my attention, the issues
raised impressed me as of great gravity
and importance, not only as between
the parties Immediately concerned, but
as regards the country at large. In that
View-in which i could not doubt the
court would share tit seemed to me
that the court would not object to a brief
discussion of the case from public point
of view merely and unintiuenced by the
wishes and interests of the particular
litigants before it. Upon this suggestion
being made to the court, it was at once
cordially assented to. The considera-
tions following therefore are submitted
by me as aataclGs cttTtCg merely, and by
express leave, of the court.
"First-Ihe material facts NAV be
briefly stated. The petitioners are MEM
bers of the Brotherhood of Railway
Trainmen. Some of them have been
members for seven or eight years, have
each year paid annual dues and assess
ments, which now amount to consider
able sums of money, and by continuing
their membership will, in case of death
or permanent disability, become entitled
by themselves or their Representatives to
large pecuniaT-y payments from the funds
of the brotherhood. On the other hand.
by ceasing to be bers they lose all
benefit from the assessments and dues
already paid and forfeit all claims on the
brotherhood treasury. The constitution
and rules of the brotherhood and of the
subordinate lodges are before the court as
a part of the petition. No controversy or
antagonism has ever arisen or existed be-
tween the Reading Railroad and any
members as such members. AS it is
claimed that the Reading Railroad has for
some years adopted the rule tnat it would
not have in its service any member
of a labor organization, it is a rule
which has not been uniformly or in
variablv acted upon, since there has
been Philadelphia lodge OF the brother
hood on the Reading line for nearly
been unknown to the Reading officials.
What has now happened and what has
led to the present petition is this: The
Reading officers have notified the mem
bers of the Brotherhood on its lines that
unless they cease to be such members
they will be discharged from their pres
ent employment on or before October
Sth. The receivers make no complaint
of the manner in which the Brotherhood
employees discharge their respective
duties. The notice has been given simply
because such employees are members of
the brotherhood, as is conclusiyely
shown by telegram received by Grand
Master Wilkinson In reply to his re-
monstrance against the course proposed
TO be taken. Thus. if the receivers are
right, and their rule is to prevail that
membership of the Brotherhood by and
OF itself incapacitates for services on the
road, it is respectfully submitted that the
receivers are wrong, and that the action
proposed by them ought TO to be sane
toned by the court
''Second-It will help to make plain
the precise question before the court TO
note the opening words of the telegram
To Mr.. Wilkinson: The policy of the
company is well known to be- etc. Mr.
Harris. who signs the telegram, both as
President and receiver, evidently forgets
that the company is no longer in control:
that it can have no present policy on the
is of slight consequence. The Reading
Railroad being now in the hands of re-.
ceiyers, the receivers and the employees
of the company are officers of the court.
The court, therefore, and not the com
pany 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 be considered, and
hence the precise question is, Will the
court now lay down the rule that menu
bers OF the Brotherhood of Railway
Trainmen shall, because they are such
members, be discharged from the service
of the road?
"Third-The Court, it is admitted.
ought not and cannot lay down any such
rule on the ground that until either pur-
poses and objects of the brotherhood or
the means by which they are obtained
are shown TO be illegal.
1.-THE general purposes and objects of the
brotherhood are stated in the preamble TO
the constitution as follows: To unite
the railway trainmen: to promote their
general welfare and advance their inter
ests socially and intellectually; to protect
tuelr families by the exercise of sys-
teuiatlc benevolent society, needful III
Gaining so hazardous as ours, this frater
nlty has been organized; persuaded that
II is Tor the interests of both our MEM
perS ana their employers that good
understanding should at all times exist
between the two, IL will be the constant
endeaVor ofthlS order to establish mutual
commence and create and maintain har-
monlous relations Such are the aims