The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-11-15


general intelligence; the elevation of the
character; the regulation of their wages
their hours and conditions of labor; tn
protection of their individual rights i
the prosecution of their trade: the raj.
ing of funds for the benefit of dead, dis
abled or unemployed members or dis
eaSed members, or for such other obiec
or objects for which working people ma,
lawfully combine, having in view thei
mutual protection or benefits.
"Fourth-lf the means to this praise
worthy end be now examined there il
nothing in them to which the most caption.
critic can object except the provision,
made for strikes. 1t is we'll to note thaf
even these provisions are of an eminentlN
conservative character, that great cues
ton being guarded against-the abuse OF
weapon which is two-edged sword
and generally proves as damaging tc
those who use it as to those against whom
1t is used by the Brotherhood's constitu
ton and rules, as n strike does not take
effect till approved; first, by the loca
grievance committee; second, by the gen
eral grievance committee; third by q
board of adjustment, and fourth, by the
grand master, with the consent of two
thirds of the members involved: while
striking or melting to strike, except in nc.
cordance with the above rules, is punished
by expulsion from the Brotherhood
Nevertheless, among the means of accom-
plishing the ends of the Brotherhood,
is the bringing about of n strike. A.
what Il strike is, is not defined by III,
Brotherhood constitution, its precise ma.
ture must be defined by the court. And
as the brotherhood is entitled to the ora.
dary presumption of lawfulness for H.
Methods, as well as its objects-unti
he contrary is shOwn-the court will
lold the thing termed "strike" in tn,
brotherhood constitution and rules to b
something lawful, unless there cannot b,
such n thing as Il lawful "strike."
"F'ifth-But whatever may he the Gus
tomary or probable incidents or accom-.
paniments of a strike it cannot be ruled
that there is such thing as a legal
strike-that every strike must be unlaw.
full. The necessary elements of strike
are only-First, the quitting of work
second, by concert between two or more
third, simultaneously and in aid of them.
selves-involve no faint of illegality A
strike becomes illegal when to the neces.
malicious intent, followed by actual in.
jury, intimidation, violence, the creation
of public nuisance or a breach of the
peace of any sort.
"SiNth-But it is unnecessary to elabo
rate the proposition that n strike is neces
Sarily unlawful, since it emphatcally
sustained by the recent decision of the
court of appeals in the case of the Farm.
ers' Loan and Trust company VS.. the
Northern Pacific Railroad company, Just
decided in Chicago, and it is hardly ne.
cesary to point out that the attending cir.
cumstances which often make strikes un.
lawful are none of them provided for by
the brotherhood's constitution and rules
and cannot, therefore, be assumed to be
necessary incidents of any strike occur
ing pursuant to them. If the rules that
the brotherhood of Railway Trainmer
shall not work on the Reading cannot be
justified because of anything inherently
unlawful in the constitution and rules OF
the brotherhood, the only remaining
grounds on which it can be decided is
that of business eXpediency.
= Il \
ut is conceivable though the spec
tacle would be acurious one, thar 1t
court of the United States may, on bust
ness grounds, refuse employment to per
sons for no other reason than their mem
bership of an association whose purposes
the laws of the United States expressly
sanctions. But it safe TO say that the
consideration of business policy impellinp
the court to the course suggested should
be of the clearest and most cogent charac
ter, and that the question presented is
one which the court will recognize as
of the greatest interest and Importance.
I'm considering the question of the
business eXpedience of the employment
of brotherhood men, such objection as
there is to it must arise from the fact
that under its constitution and rules the
employees may engage in a strike with all
the natural and probale incidents anu
consequences. 1t can hardly be denied
that otherwise the Brotherhood organi-
cation is not only not Objectionable but
is salutary in its operation both as re-
CARDS the employers and employed.
ut should be remembered in the first
place that the risks of strike are not
obviated by excluding the members of
the brotherhood from the receivers ser
vice. Deeming themselves agrieved
and seeking redress, though not associ-
ated in any formal way, they may east
ly unite for the single purpose of a
strike. In that view the Brotherhood
constitution and rules may well he re
garded as operating in restraint Of
strikes. BY compelling the question of
. strike or no strike TO be acted upon nj
uIuluINtly ny lOuI VI I'VE ulHeEe1l ana
Independent tribunals, tLey certalIi.
rend to prohibit a strike that is rash or
eckless, or for other than weigh,A
while, therefore, under the crcum
stances of the present case the possible
existence of strike would seem to be
it should not be forgotten that
the receivers proposed remedy, towit
A rule excluding or discharging from ser
vice any and all members Of the Brother.
hood, that is itself open to serous objec-
tons and disadvantages. When treat.
ment so apparently unfair and discrim.
mating is administered through the in.
of a court, the resulting dis
content and resentment Of employees are
inevitably intensified, because the law
itself seems TO have got wrong and in
some unaccOuntable manner to have
taken sides against them. The mischief
apprchended from membership of the
brotherhood by the receivers employee
lie wholly in the future and are as small
as is possible in the nature of things
while the mischief to rise from enforc-
ing the receivers proposed rule are real
and immediate. How far they may be
regarded as olfsetting one another need
not be discussed. The rejecting of one
rule may be easily expect 20
be attended with such substantial adj.
vantages that the court can hardly hest.
tate as to the course which sound busl-
ness palicy dictates. Not the least Of
such advantages is the avoidance of the
individious, if not illegal representation,
that man shall not get work unless he
will give up a legal right-a right he may
deem essential to his safety and
welfare.