The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-05-05
JUDGE jenkins INJUNCT|ONS,
In Issuing Them He Exceeded
His Powers.
Report of Representative Boatner's
Committee.
it Takes the Milwaukos Jurist to Task
u Issuing His Famous North
ern Pacific strike
Order.

mittee OF the house judiciary committee
appointed to investigate the Northern
Pacific decisions OF Judge jenkins, to-
day submitted to the full Judiciary com
mittee majority report OF the special
committee, The report says the orders
OF the court reducing wages and prohib-
ting employees from quitting work were
gross abuse of the power Of the court
were supported by neither reason nor
authority; were beyond the jurisdiction
OF the judge and were therefore void ;
and the second or supplementary writ
was more reprehensible than the fret,
because the Judge was advised before he
rendered it OF the exact object and pur-
poses sought to be accomplished.
'The conclusion of the judge" says
the report, that the EN- ployees of the
Northern Pacific Railroad company
might be forced by him by writs of In
junction to protect that company from
less and the public from inconvenience
by remaining in its service at a rate OF
wages to which We cannot concur, and
which, in our judgment, is supported
by none of the decisions which he
CITES" Your committee finds nothing
in the testimony nor zee any corrupt
in ention on the part of the judge to
render these orders. 1t is altogether pos
eibie that he wss sincere in his conviction
and exesc sed the equity Jurisdiction of
the court for the purpose Of preventing
tho loss and damages which would have
resulted from a strike against the North
ern Pacific This view of the case pre-
vents us from recommending any pro-
ceedings looking to his impeach ment.
But. in order that there NAV be no
further excuse for the rendition OF such
orders or DEGREES, and that courts OF
equity OF the United States may not be
deceived az to the extent of their powers
in enforcing contracts ior personal aerv-
icee by legal processes, we recommend
the enactment of statute which will
prevent them from doing so.
1--WE also ieel constrained to call at.
tent;on to the abuses which have grown
up under the powers assumed by Judges
OF the United States to appoint receivers
for railroad corporations. These orders
being rendered in court under pro-
ceedings instituted nominally for the
purpose OF effecting foreclosures. but
really for the purpose OF ayerting the
pursuit. of creditors and the enforce
ment of lawful obligations, are con-
sidered as interlocutory, aud not subject
to appeal. II. however. an appeal ia
granted it does not have the effect of
suspepding the execution of the decree.
and the road passes into the hands of a
receiver, who operates it, st least pend
ing appeal. The powers exercised by
the courts through receivers are purely
their own creation, the result of judicial
construction not ascertained or limited
by statute. and therefore dangerous.
Your committee is OF the opinion that
cases for which receiverships may be
ordered in courts of the United States
should be declared by statute. The
anomaly has been presented for years
OF great railway corporations be-
ing operated and the business OF
common carriers carried on by the
United States through the Judicial lines
OF the government ana OF judges possess
ing at once the powers pertaining to
other judicial officers, and combining
with this the power Of president and di-
rector5 of corporation, united in one
and the came person."
the committee 10 also OF the opinion
that the power asserted by judges OF the
United States courts to punish for con
tempt is dangerous and should be- linn
tied by law.
The report was discussed for two
hours, but no action was taken by the
full committee. The report was made
the special order for the full committee
next Tuesday.
Representative w. A. Stone, OF Penn
sylvania, the Republican member OF the
com mittee, dissents from the msjority
report on the ground that it is an at
tempt to make judicial ruling, but he
has not yet submitted minority report.
After reciting the wsll-known facts
and circumstances leading up to the
granting OF the two orders of the iniunc-
ton by Judge jenkins. the majority re-
port proceeds as follows:
Notwithstanding the suggestion by
the employees that they desired to con
fer, the orders were Immediately OBJ
tanned without awaiting the results of a
conference, or being in possession of any
definite information of the intention OF
the employees with respect to the sched-
ules upon which they solicited confer
ence. The original order received on
December 18th, had two-fold aspect.
1t reduced existing wages and enjoned
and prohibited those who were to re-
ceive them, if they remained in the ser
vice of the company, from quitting the
service with or without notice so as to
cripple the property or injure the opera
tions of the road. On being informed
that if 30 ordered or advised by the Off
GERS of the organization to which they
belonged, the mon would quit the service
IN haAu and nndar tho of n mr.