The record-union., 1894-04-07
RAILWAY EMPLOYEES.
JUDGE JENKINS MODIFIES HIS n
z. STRIKE ORDER.
Application of the American Railway
Union to Have Salaries Re-
stored to the Old Rates.
Special to the REcoRD-UNIoN.

Special to the RECoRD-UNIoN.
MILWAUKEE, April 6.-Judge jenkins
to-day rendered decision on the motion
made by the chiefs of the railway organi-
cations for modification OK his Northern
Pacific strike order. The decision modi-
fes the injunctional orders by striking
out the clause which reads: land from
ordering, recommending, approving or
advising others to quit the service of the
Northern Pacific Railway on June l,
1894, or at any other time" All other
notifications were refused. The petition
asks for the modification of the iniunc-
ton of December 9th by expunging the
words, "and for combining and conspir-
ing to quit, with or without notice, the
said receivers, with the object and intent
of gripping the property in their custody
or EN- mbarrassing the operation of the
road, and from so quitting said receivers
with or without notice as to cripple the
property or to prevent or hinder the
operation of said road" The object of
the motion was to bring to a direct issue
before the court the question whether the
court can grant injunctions to restrain
employees from striking.
Judge Jenkins said: I'm the discussion
of the important and interesting ques-
tion presented by the motion it is not the
province of the court to assume part in
the contest between capital and labor
which it is asserted is there involved. 1t
may be that the aggregated power OF
com bined capital is fraught with danger
to the republic; it may be that the aggre-
gated power of com bined labor is perilous
to the peace of society and the rights of
property, yet it doubtless is true that it is
a contest in which the rights of both have
been invaded and that each has its wrongs
to be redressed. If danger to the State
exists from com binatiOn OF capital or
labor, it is within the province OF the
Legislature to determine the necessary
remedy, but it is the duty of the courts to
restrain those warning factions so far as
their action may infringe upon the de-
clared law Of the land, that society may
not be disrupted. If the combination and
conspiracy, as it is threatened to be
formed in pursuance thereof, is unlawful
it cannot, [ think, be successfully de-
MED that to restrain by injunction is the
appropriate remedy. The interference
with the operations of the threatened
railway if carried into effect would result
in paralyzing business, the stopping of
commerce ebbing and flowing through
seven States of the Union, wrecking in
calculable injury to property and caus-
ing great public privations. Compensa-
ton could be obtained only through the
multiplicity Of suits against the $4,000
men scattered along the line of the rail-
way for distance OF / ,440 miles"
UNION PACIFIC SALARIES.
OMAHA, April 6.-The American Rail-
way Union to-day made application in
the United States District Court to have
the salaries of the members of the order
on the Union Pacific road, cut last Au-
puSt restored tO the old rate.
Judge Dundy was vlslbly excited when
addressing the attorneys from the bench.
Said he: "If it is as stated that such a
cut has been made in the wages of men
connected with this organization or out
side of it on this railroad, when others
drawing higher pay have been favored, [
will see that those drawing less pay be
treated in the same way, and will advise
that the old pay be restored. Still it is
but tair to the other side that they should
have notice. You have to rely great
deal on the testimony of railroad men in
those cases, and they should have notice,
and l suggest the propriety when Mr..
Dickinson returns OF making the order.
Now l have got myself into difficulty.
as you can readily see, by following the
order Judge Jenkins made in the North
Pacific when he allowed the schedule re-
ducing the pay and fixing an order that
parties were bound to comply with 1t
when no notice, not minute, was given.
L do not propose to get myself in such a
shape again. and be denounced in open
court where | have to preside. am de-
nounced all over the country for doing
the very thing he did when / was follow
ing the precedent he set. My term of
court commences at Norfolk on Monday,
but if necessary 1 will postpone that in
order to have speedy hearing in this
case"