Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1894-01-06
COURTS DISAGREE.
The Order Which Judge Jenkins
Mace at Milwaukee Regarding
Northern Tacific Employees
Was Not Entered in Full by the
Court at St. Paui-Judge
Caldwell Objected
To That Part of the Order Which En-
joined the Men From Stri ling.
What He Would Do.

taken place IueSuay On the northern
Pacific and the recent order of Judge
jenkins at Milwaukee enjoining the
strike and the subsequent order Of Judge
Caldwell at St. Paul, the following will
be of interest to the public. The gen
eral administration of the receivership
devolves on the United States circuit
court at Milwaukee. That court is
called the primary jurisdiction, the re-
ceivers having first been appointed and
the property turned over to them under
the orders Of that court. But it WAS
necessary that the United States courts
in the other states through which the
road runs should confirm for that district
the action Of the Milwaukee court.
This was done by fling bill and pro-
curing ancillaly receivefships i'll each
state. All orders of the court of primary
jurisdiction requiring to be enforced in
the other states are usually entered as
Of course, and presented to those courts.
Refused to Enter the Order.
But a gentleman in the city from
St. Paul says tho United States circuit
court in that city refused to enter that
part of the order of the Milwaukee court
enjoinin, the officers Of labor organize
tons from ordering a strike cn the road
Or the employees from striking on a.
count OF a reduction of their wages, but
did enter so much of the orsier as en-
Joined the employees in case they struck
from interfering with the property or
men employed to take their places.
When Judge Caldwell was appealed
to for information Oh this point he de-
clin.G to say more than that the writs
issued by tne two courts will disclose
the tn. difference between them. TO
Judge Caldwell if there was any danger
OF a strike on any Of the roads in this
circuit in the kands Of receivers, he an
swered that there was not as far as he
knew.
What Caliwell Would DO.
Upon being asked what ne wo'lld do
if strike was threatened Oh account of
for which he had appointed receivers,
lie replied:
IF receivers should apply FOR leave to
reduce the existing scale Of wages, be-
fore aching upon their petition l would
require them to give notice IF the aDpli-
cation to the officers or lppr esentatives
Of the several labor organ cations to be
affected by the proposed change, of the
time and place Of hearing AMI would
also require them 10 gr..nt
such officers or representative
leave OF absence :-ld fur
nish them transportation to the place Of
hearing and substituting them while in
attendance and I would hear both sides
in person or by attorneys, if they wanted
attorneys TO appeal for them. The EN-
plcyas OH road III the hands OF a re-
ceiver are employees of the court, and as
much in its service as the receivers
themselves. and as much
Emitted to BE Heard
upon any proposed order Of the court
which would affect the whole
lody of employees. If, after a
full hearing and consideration, l
70 Ind that it was necessary,
equitable and lest to reduce the scale of
wages, would give the employees ample
time to determine whether they would
accept OF reject the scale. II they re-
jtcted it, they would rot be enjoined
firm quitting the service Of the coult
either singiy or III loly; III other
words, would not enj il them from
striking; but if they made their election
to st1i se I would max it l'lain to them
that they must not, they quitting the
service of the court, interfere with the
property Of or the operation Of the road
or the men employed to take their
places.
"A United States court can very
readily find the means to eE=ctually
protect the property ia its possession
and the persons in it, employ. l have
il one or two instances purs ued the
policy have Indicated, and the differ
ences were satisfactorily adjusted"