Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-10-02

| "ifOm combining anu opnsplIhs "
quit, with or without notice, tho ,ef'
vice Of the said receivers win
the object and intent Of cfippling
the property In their custody
or smJarfAssiug the operation Of the
roSiy' ami also "irom 20 quitting the
service Of tho said receivers, with
without notice, ~ TO cripple the prop
efty or proven or hinder the operation
Of the road"
Tue fifstquoiaiion mate. Jnslics har'
lao says, should remaln ~ u ~ anu
on this point he ovefflled the applicA'
ton Of the labor uni1ns' fsprssu1a'
uves, who claimed that II was too
sweeping aud an Infringement Of In
dividusl rights. Bat NJ 10 the second
quotation from the iwuuolioni lha1
Part vas sol aside a, being In eEoon 81
the law and a conttAven.lon Of oonsll'
,utlonal principles. The eject Of this
is 10 maintain the right Of employees 70
strike, that 10, TO leave the service OF
employer, either singly or In a body,
wnen the conditions OF employment
are not satisfactory, but not 10 allow
any interference with those who want
to work.
In passing upon this question Of the
right to quit work, the court says that
al an smploye quits without cause and
In violation Of an express contract 20
tetve for stated time, then his quit
ting would not DO Oi right" Taxing
further hold Il thu subject, however,
where such contract does not exist
Justice Harlan lays down tho rule tina,
court Of equity cannot, by iniunc'
ton, prevent one individual from
quitting the service Of another. For
court TO do 20 lac Gays "ls not
Justified by any autno'ily to
which our attention hos been called,
or OF which we ers aware. IL
would be AN invasion OF ones natural
liberty to compel him 10 work for or 10
remaiu In tho personal service Of an
other One who IL placed Ia such
restraints In a condition Of involun-
larry sefvitudc--a condition which the
supreme laws Of this land declare shall
not exist anywhere within the iufis'
diotiou Of the Uniled States"
II was urged In support Of tho IN.
Junction that the refusal Of the men TO
work for tho reduced schedule would
cripple the property ani prevent
or hinder the operation Of the
road. This feature, lie co It aid,
was a matter Tor me 20 ido ailon OF
the receivers ihsmselve., ~ employers.
They made the order ior f,dlction,a nd
iis effects In the line suggested were a
responsibility OF the makers II the
employees, through peaceful co.opera.
tiou. a. the Tesu.t OF friendly afgu'
ment, peru Naion or conference among
themselves, chose % assert the right Of
zach aud every ons TO refuse fIttho
service under n schsduie ~ reduco'
wages, such action would not be erin
inal or illegal, even III ugh the!
firmly believed such quitting wilhou
notice would temporarily inconveui
euco the receivers ana the public. y,
long a. tho men psaeesbly exercised
their right OF quitting the service, In
tending thereby TO secure better wage,
yet not interfering with the free actor
Of others, the loss resulting from thoi
cessation OF work In consequence u
tho refusal OF the receivers To Aocodo /
tue terms upon which the men wot
willing 10 remain Ia tho servie,
would be- incidental TO the situation
and not ohArgcable against employ,
In the exercise OF a lNwiul right.
Aa TO the retention Ia tue iujunoiio
Of the provision relating to combiniu
: and oonspiringto quit with the inten
: OF orippling or embarrassing the roal
. tue court held that this was u neUo'
sary part OF the COURTS order, al
= "musl be construed "a referring only
a sets OF violence, intimidation an
n wrong" Among these acts the cou
o includes Stores, threats, perseoution,C
> intimidation toward employees who d
. not Join them, or any device TO hlnde
y alarm or interfere with others who taxi
or desire to take their places"
A decision on the subject Of sirik,
from such eminent Judicial authoril
should be highly appreciated by bot
: employees anu employees at tho prsser
Junclure. II the rule laid down b
y Justice Harlan had been Tecognz
by contsndlng parties In strike COZ
, tests, there would have been provente
much OF the loss OF life and destmctio
: Of property which have attended sue
y Engagements. IL was the rule adv
: Gated by conservative people through
out the country, but In very man
y instances was wholly Teleole
= both by employers AMI those In the
> service, each class taking an exlrem
: view. As the matter now stands, Ga
~ the legal aspen, Of labor o0nh ct
. thit % Employers have no right
: compel men 10 remain In their service
= unless under express contract, aud "a
u aid Of courts cannot DO Invoked
. effect such oompulslon; (2) n men q
. not Wish to work on tbs terms oilefe
- they may quit either sinVly or In
body aud by mutual agreement, but
they resort to intimidation or viuleuo