Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-06-08
JUDGE JENKINS CASE
Report of the Minority of the Investigat-
ing Committee
Issue Strongly Taken With the Atti-
tude of the Majority and the Rec
mendatiGns for Legislation.

Representative VIM. A. Stone of Penn
sylvania today submitted minority report
on the recent investigation by a subcom-
mittee of the House judiciary committee
of the decision Of Judge Jenkins in relation
to the strike on the Great Northern railroad.
The report is signed by Representatives
Stone, Ray of New York. and Power of
Vermont.
1t appeared by the testimony taken by the
subcommittee that the employees understood
the injunctions to prevent them from leav
ing the service of the railroad In any man.
ner without the consent OF the receivers.
A motion was made before Judge Jenkins to
modify the term of his orders and In an
opinion he disclaims any intention to pre-
vent any of the employees from quitting the
service of the company in peaceable, de-
cent or reasonable way, saying: None will
dispute the general proposition of the right
of every one to choose his employer and to
determine the times and condition of serv-
ice his right to abandon such service
peaceably and decently"
The majority of the committee reported
at some length, taking issue with Judge
Jenkins solely upon the law of the case
and holding that he committed grave legal
errors and was guilty of an abuse of legal
process, and submitted a resolution for
adoption by the House and also recon-
mended a statute prohibiting the enforce
tracts by legal process.
Railroads and Labor.
The minority of the committee state that
as they do not represent the governing
power of the House, they do not feel called
upon to indulge in any affirmative propo-
sition in relation to the subject matter of
the report The labor question In its reia-
ton with railroads, they say, is one full of
complication, because Of the public interest
which intervenes. In ordinary cases be-
tween employers and employed the public
they have a direct one. Not only free pas
sage from place to place is proven ted, but
supplies are cut off and business paralyzed
On the one hand it is for robody's interest
to cripple the railroad owners, for injury
to them, when made systematic and gen.
eral. would be death to all improvements
and hindrance to other railroad building.
On the other hand, men are entitled to a
fair wage In the settlement OF the amount
OF which they must have a reasonable COM
Lined voice. 1t must still further be said
that some method of adjustment must be
had which will secure public traffic and the
business of all the people from being inter-
rupted by the dispute Of those Immediately
interested.
The minority takes issue with the atti-
tude OF the majority ard Its reconmenda-
tions by sta ting that If Judge Jenkins was
honest and had given his honest opinion
hor estly 1t would seem as IL the correction
should come from another source. and that
the law should be settled by the proper
tribunal prior to legislation. 1t may be
that no legislation is required. and the ap-
pellate court will afford all the relief the
country needs.
Pointing the Proper Way.
If, on the other hand, Judge Jenkins has
been unduly swayed in the exercise of his
functions by improper influences, or has
stated law SO badly that it is plain that he
has violated his evident duty as holder
of the scales of justice. an arbiter be-
tween rival interests, then he should be
impeached. ---.----
l. 10 propose that Judge who. as the
majority declare, had no corrupt intent
and who sincerely believes" In his conclu-
sions shall, without Impeachment. be GEN.
sTred by the legislative branch of the gov
ernment Is to confound all distinctions be-
tween the legislative and the judicial
powers aid create a side tribunal of ap-
peal, where justice would be for sale to the
| suitor who could poll the largest vote.