The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-11-09
SPEAKS THEN FAIR
ATTORNEY GENERAL oLNEY IN The
ROLE OF ANXIOUS CURIA.
Advising the Reading Receivers
Through the Court, He states the
Case Of the Brotherhood OF Fire
men and Defines strikes and tue
Relations of Courts and Receivers

men and Defines strikes and the
Relations OF Courts and Receivers
Nov. S-The controversy
| between Tie receivers IF tue II aiding Rail-
road company aud such employs a. are
members of the Brotherhood OF 'iiway
! Traiumen, has prompted au exp >-ion OF
| opinion from Attorney General O.n-y IN
the form of letter 10 Juig &c Dallas Of the
! Ulited States circuit court. b-fOre whom
/ the case is p-udiug The difficulty be-
tween the two organizations r-acted IA
| crisis o. Aug u last, when General SUI
! p riutendeut cwieg ard summoned before
him eleven employees and notl-
| fed them that they should aban
| don the brotherhood as coudi-
tiou of retaining their places with thr
railroad company. Vigorous protests were
made against this altern alive and the
brotherhood urSei the receivers TO with
draw 1t, uu,. il answers on September Il
. wrote: The policy of this company i
we'll known to be that ii will no. consent
that persous in its vice shall owe allie
glance TO other orgauIZIti0n- which may
make claims upon them which are tncom-
Iatiblr To their duties TO their employers.
1 his position WAS taken advised, AMI We
| have no iutentioI of departing from 1t. d"
FROM A PUBLIC POINT OF VIEW.
Attorney Central O.u-y's letter is an ex-
hau,t.ve di-cussion of the Questions
and lie reviews the Various prob
lens and the Consistent solutions
to he applied, in every aspect. la
substitute lie holds that labor unosginiz=d
is practically poweriess. that in cOmbiaa-
tious such as this lies the only sateSutrd
OF the workingman IN his dealings with
organized capital, and that his right o be-
long To such a uuion-beueiiclai IN intent
and purposes leZal rlSht watch he
cannot lie deprived OF. The letter Is as
follows;
Suggestions regarding questions raised
by the petition OF Hymas, ley aud other
member, OF the Bro herb JoI OF Railway
men. The p-ud-ncy OF tuis petition hav-
ing beru Incidentally b, ought 10 my at
teution. the issues Raised impressed NE
of grea: gravity and impor anc-, not Ouly
As between the parJlrs Immediate
concern-d, but ms regards the country at
large. In That vIew-ln which / could not
doubt the court would sLhre-l' seems to
me that the court would not OBJ -ct 10 "A
brief discussion of the Sc from public
point of view merely. and unInfiuenc-d by
the wishes and iuterertS OF the par tIcular
lisigants before il. Upon THIS sugges. ion
being made to the court 1t was 1t once cor
daily asseuted TO. The considerations fol-
lowing therefore are submitted Uy M as
Anxious CuriR merely aud by express leave
OF the court.
PLCUNIARY VALUE OF MEMBERSHIP.
/. The material facts may b. briefly
stated. The petitioners are members OF
the Brotherhood of Railway Trainmen.
Some of them have beeu members for
Seven or eight years-have eacn year pad
anu i dues aud assessments, which now
amount To considerable sums OF money
aud By continuing their membership will.
in case of deaf b or permanen disability.
become entitled by themselves or tnrir
representatives to large prcunIary psy-
ments from the funds or the Uro; herhOoi.
o. the Other hand, by cerSiug 10 Oe nIrn-
hers they lose all beueft from the assess
ments and dues already paid and for
felt all claim upon the brotherL ODD
treasury. the Constitution AMI rules Of
the brotherhood and OF the subordlnatr
lodges are before the court, a part OF the
petition. No controversy or antoeoui-m
has ever arisen or existed between the
r aiding railroad aud tn hroi herhOOd anu
ANY OF its Tod yes. or the Railing road aud
any members, such M mb-rs.
AS II l. claimed, the X -SdIug railroad
has for some years atop ed The rule that
it would not have III Its svrvIc- any mem-
Der of labor organization. II Is rule
which has not been uniformly or invari-
ably acted upon, since there has been a
Philadelphia lodge OF the brOt her hood Of
the Reading line for nearly eight years
and its existence cannot have been uu-
known to the X adm officials.
WHAT LED TO THE PRESENT PETITION.
WEht has now happened and what has
led TO the present petition l. THIS: The
Re- aiding officers have notified the mem
beers of the brotherhood on It's line That
unless they Cease to b. such members they
vii! be discharged from : heir present. en- |
ploym-ut Oh or before October ). The |
r, ce ivers make no couplai u If the man
n-r in which the bro heThoOd members |
discharge their iesprc i've duties. The |
notice IN. been given SIMPLY brcau-e of |
sucn employees memb r,h!p OF the broth |
erhood, ~ i cOuclu>lvrly shown by The !
following telegram received b. Grand !
Mast-r Wilkinson in reply to his re- /
moustrance against the course proposed 10 |
be taken.
The policy OF this company is well |
known to be that IL Will rot consent thrt /
Persons in it, service shall owe allegiance !
to other organizations which may make /
claims upon tuem which sr- Incompatible !
with their duties 10 tnrir employers. I"is /
posi- lou was taken adyl e,ily ann We have I
no intention OF departing fr m Il.
[oiguedJ JOSEPH II. HARRIS,
PrrsId-ut AID Receiver.
mus II Lue receivers are ElEIt dut4 ID = ]
rule l. o prevail. nIrmbrTship Of the broth /
erhood by aud OF Itself incapacita - FOR
services on the road. II IS respectfully /
submitted that the recsiv r. are WRONG
aud that the &C ion proposed by them
ought not t. he sane iou-i 1y the C'ur-.
PAST POLICY OF 80 CONSEQUENCE.
> 1t Will NIP 10 make pain Utat precise
question: tefJre h. court 10 note the open
M word, of the trie-Fam ju-t quote.
s'lua rsHIrrL l. N-il known IL ~ . q I
Mr. Harris. who si-u- tue telegram both
a. president AMI receiver, evidently forget-
{ hat the company j. no longer IN cOutro.-
{ hsi Il can have NJ prr-ruL policy on h
suhj CT and that whs' - pat ~. CO VA
l. o. slight consequence. lie he tliu- /
"a lvusd b -inz now In he hzut- 81 ths re
c-iv-rs. she receivers aud The employer o.
the com gauy are II -rrs Of tue court. Ile
court. tuer~i r., AMI nos TIE company. j.
I he en- .l1yar % AL p.r-O-s -u<a--4 iu TIE
opera ions % the road Tue present pD-
lcy Of the court and not the pa-t p0Icy O.
tue company q, the material tblu2 ~ De-
sud h-uC- TIE precise qI--- /
tion =, will tie c0ur; now 10y down b.
rule that IL mb-.. 81 the brotherhood o.
IT -iumen ID b-caus- they ar sucl /
rae n be--. Be DISCHARGED iron suca service
D: the rot4s
3 TIE court. :; : admitted. ough, naf
and Cauuo, lay down rny -nca rule ca iae
Erc una that either tie parpos- aud Oh
lects e tie broiLe- h0Ji, or thr mas b.
watch tLeT are . b. zssaiacG. mast Z 81
De shown 20 DC Illegal.
N-sI 81 REGARDED A. LAUDABLE
/ Tie geuersl parpo--- aud O0i c. o.
the brotherhood are ltd 10 tie pTSano.-
TO tie cols;4Iutio.. a. fJilowE
To uLit- The "a Way tT-Iume1. % pro
mote their general welfare and -cTsucs
their interests -oci=liy usd in e.iecf uslty. /
D. IS .rHf