Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-04-07
JUDGES JENKINS AND DUNDY
Deliver Opinions OF Interest to Railroad
Men-The Northern Pacific and Union
Pacific Cases.


Msn-The Northern Pacific and Union
Pacific Cases.
MILWAUKEE, Wis, April 5.-The long
looked for decision by Judge jenkins
on the motion made by the chiefs OF the
great railway organizations for modi-
ication Of his famous Northern Pacific
strike order was rendered in the United
States Circuit Court at . o'clock this
afternoon. The object Of the motion
was to bring to a direct issue before the
court the question whother courts can
grant injunctionS to restrain employees
from striking. Judge Jenkins sold:
1t is the duty of the courts to restrain
organizations OF capital and labor so far
as their action may infringe upon the
declared law of the land, that society
may not be disrupted or its peace In
vaded. and that individual and corpor-
ate rights may not be infringed.
II the combination and conspiracy
alleged, and the acts threatened to be
done in pursuance thereof, are unlaw-
full it cannot, I think, be successfully
denied that restraint by injunction
is THE APPROPRIATE REMEDY.
1t is contended tina: the restraint i'm
posed by the writ is an unlawful re-
straint upon the individual TO work for
whomsoever he chooses, to determine
the conditions and to abandon such en-
uloyment when he may desire. The re-
ceivers employed 1000 men. The petl-
ton represented TO the court, and the
facts are confessed by this motion,
that the men threatened TO suddenly
Quit aud to compel by violence other
employees TO quit their employment; that
by organized effort and intimidation
they would prevent others from taking
service thereby causing loss to the
property and inficting great hardship
upon the public.
The restraining portion Of the writ
prohibited these men from conspiring
to Quit service with the above object.
In no respect does the writ interfere
with Individual liberty.
Que clause of the supplemented In
junction has been characterized as
wholly unwarranted. That clause is:
-"And from ordering, recommend
ing, approving or advising others to
quit the service Of the receivers OF the
Northern Pacific Railway on January
1st, 1894, or at any other time."
lit was so inserted out OF abundant
caution, that there should be no un-
warranted interference with this prop
erty, no intimidation, no violence, no
strike.
Since, therefore, the language OF this
particular phrase may be misconceived,
and the restraint intended is in nv
Judgment, comprehended within the
other provisions of the writ, the motion
/ in that respect will be granted and the
clause stricken from the writ. In all
other respects
THE MOTION WILL BE DENIED.
OMAHA, NEB., April 6.-The Ameri-
can Railway Union to-day applied to
Judge Dundy to have restored the sal
aries which were cut by the receivers
of the Union Pacific Railway. The
Judge declared he would do it. The
matter has cansed a sensation. Judge
Dundy. was visiblY excited when ad-
dressing the attorneys from the bench.
He said:
''If it is stated that such cut has
been made in the wages Of these men
connected with this organization or
outside OF it on this railway, when
others who are drawing pay have been
so highly favored. l will see that those
who are drawing less pay will be treat
ed the same way, and l will advise that
the old pay be- restored. Still, it is due
to the other side that
THEY SHOULD HAVE NOTICE.
You rely a great deal on the testimony
Of railway men in those cases and they
should have notice, and | suggest the
proprlety, when Mr.. Dickinson returns,
of making the order.
If you want TO make application to
have the pay restored, l want you, and
every other one OF the employees on the
road to understand that If they have
been wronged by the reduction that
they will not have TO join any union TO
get hearing, because as l SAID before,
will hear one person, that has a
grievance"