The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-05-05

OVDo8 O8SA1Ao NA&0OA8O
Fer His Is3usesisas Agaisss the Nersh-
err Pseias Knpleyes.
wAsHIsaros CrrY, May 4-Rspresenta-
tive Boatner, chairman Of the special COM
mittes of the house Judiciary COMMITTEES,
appointed TO investigate the Northern Pa
cific decisions Of Judge jenkins, today
submitted 70 the full judiciary committee
the majority report Of the special commit
tee. The report says:
The orders Of the court reducing wages
and prohibiting employees from quitting
work we're gross abuse Of the poser Of
the court. wers supported by neither rsa-
son nor authority. and were beyond the
jurisdiction Of the judge and we're there
fore void. The second and supplementary
writ vas mors reprehensible than the first,
because the Judge was advised. bsfors he
rendered IL, Of the exact object and purpose
sought 20 b accomplished. The conc.u-
sion Of the judge that the employees Of the
Northern Pacific Railroad Company
might b forced BY him, by writ Of injunc-
tion. 70 protect that company from loss
and the public from inconveniencs, By re-
naming In it, service - . rate of wages To
which they had not given assent, il one in
which Ne cannot concur, and which in
our Judgment 10 supported by none OF the
oociSiono Wnlcn ne clteA
Your COMMITTEES find nothing in the
testimony nor SEQ any corrupt intention
on the part Of the judge in these orders.
II Is altogether posslbis that he acts sim
cersly in the con viction that he properly
exercised the jurisdiction of the court in
preventing the loss and damage which
would have resulted from . lawful strike
against the Northern Pacific Railroad
Company. This view Of the case prevents
Us from recommending any proceedings
looking 20 Impeachment, but in order that
there shall Be no further excuse for the
rendition OF such orders or DEGREES, and
that the courts Of equity Of the United
States may not b deceived - to the ex-
tent OF their powers in enforcing contracts
for personal services BY legal process, We
recommend the enactment Of . statute
which viii prevent them from doing so.
We also feel constrained to call attention
to abuses which have grown up under the
powers assumed by judges Of the United
States TO appoint receivers for railroad
corporations. These orders being rem.
dered in court under proceedings insti-
tuted nominaliy for the purpose OF effect
Ing foreclosures. but realty for tho purpose
of averting the pursuit Of creditors and
the endorsement of lawful obligations. are
considered ~ interlocutory, and not sub
ject TO appeal. If, however, appeal is
ktousSus 00oo uOb o1v0 the 9ucCS Oh
suspendiug the execution Of the decree,
and the road passes into the hands Of
receivers, who operate il. at least pend.
Ing appeal, and this action of the
Judge 10 entirely independent Of any con-
troll whatever by the owners and creditors
Of the property. The powers exercised by
courts through receivers are purely OF their
own creation, the result of judicial con-
struction not ascertained or limited bv
statute. and therefore dangerous. Your
COMMITTEES Is OF the opinion that cases for
which receivership may be ordered in
courts Of the United States should be de-
ciared by statute. The anomaly has been
presented for years of great railroad cor.
porations being operated and the business
OF common carriers carried on by the
United States through the judicial lines OF
government. and Of judges possessing at
once all the powers pertaining to other
Judicial officers aud combining with this
the power OF president and directors of a
corporation united "a one and tho same
person. Tho committee 10 also OF the opin-
Ion that the power asserted by Judges of
the United States courts to punish for con-
tempt is dangerous and should be limited
by law"
w. A. Stone, Republican member of the
committee, dissents from the majority re-
port on the ground that 1t is an attemrt to
make Judicial ruling. but he has not vet
submitted Q minority report.