Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1894-11-28
DALLAS DISAGREES
The Judges Opinion on the
Reading Labor Case.
DOESN'T LINE UP" WITH oLNEYs,

of n Labor Union May BE Barred from
Employment on Road in the Hands of
Receivers - Salient Points of the De-
| cision.
PHILADELPHIA, Nov. 2S--Judge Dallas
has filed an opinion in the United States
circuit court dismissing the petitions of
Levi Hicks and other members of the
Brotherhood of Railway Trainmen who
desired to compel the receivers Of the
Philadelphia and Reading company to re-
tain them in their employ and ut the same
time allow them to remain members of
the labor organization. In his opinion
Judge Dallas makes no reference what
ever to Attorney General Olney's recent
letter on the subject, in which the latter
| took the ground that the receivers were
! manifcstly wrong in Interfering with the
| employees rs members of the Brotherhood
| OF Railway Trainmen and in which the
attorney general gave as his opinion that
the mon had perfect right to organize.
Attorney General Olney also held that an
organization of this kind was not only
beneficial to the employees but to the rail
road company as well, inasmuch as the
company was enabled to secure the SER
Vices Oh thoroughly reliable men.
States the Subject Matter.
Judge Dallas, in his opinion, which is
quite lengthy says among other things:
The subject matter OF this litigation was
first brought to the attention of the court
| by the joint petition, filed Oct. &, 1894. of
stephen Il. Wilkinson, Thomas McDer-
mott and George H. Ruppel, acting for
themselves and all employees of the Phila-
delphia and Reading Railroad company
who are members of an unincorporated
voluntary association called the Brother
hood of Railway Trainmen The object
OF the proceeding was to obtain an order
restraining the receivers from acting in
| pursuance of notice Us follows: ''On
or about 18th day of August last, your
| petitioners Were notified that all members
| Of said association must dissolve their con-
| nection with the same on or before Oct
| 5, or failing to do so, would be discharged
| from the service of the receivers"
| Have No Legal Standing in Court.
| Il thought, as ! still think, that neither
the association nor its chief officer had any
| legal standing TO he heard in complaint
of any action taken or proposed by the re-
/
| lowancc of any measure adopted or con-
| templated by them III the performance of
| the duties assigned to them. They have
made no contract with or through this
| association, and none has been so made
! by the COMPANY" The original petition
| having been disposed of Judge Dallas
next takes up the petitions of Levi Hicks
and George : Riley and disposcs of them.
| The judge says that the rule complained
of by the labor union was adopted in 1887 +,
/ and has been maintained ever since, both
by the company and the receivers.
| The Case of Levi Hicks.
Hicks the judge said, was employed as
J brakeman in 1898. and at the time de-
clined to state whether he was a member
of labor union, but was employed by n
subordinate agent of the receivers Later
he was notified that unless he left the la
Dor union he would be discharged, and
after IA talk he agreed to withdraw. Riley 5
| discharge has no connection with IL labor
union, but was because of unsatisfactory
work, the judge says, and dismisscs that
case from further consideration. OF Hicks
the judge says: 'The circumstances dis
closed in the case of Levi Hicks do not en-
title him to the interposition of u court of
equity on his behalf
Not Subjected to CompuIsion.
THE purpose to discharge Mr. Hicks
unless he would resign from the associa-
tion was communicated to him about two
months prior TO Oct. s, and his promise of
that day was given simply in the exercise
of his right of election between the al
ternatives which had been previously pre-.
| sented to his choice. The fact is that he
! did agree to sever his connection with the
brotherhood and though in making his
selection he was doubtless confronted by
n dilemma it was obvious that he was not
in any legal sense subjected to compul-
sion"