Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1894-04-12

Milwaukee, April 6.-Judge Jenkins,
the motion made by the chiefs of all
the great organizations of railway men
for a modification of his order for
bidding Northern Pacific employees
from striking against the reductions
Of wages ordered by the receivers of
that road.
Judge Jenkins was asked by the
mems representatives to eXpunge from
his order these words: And from
combining and cOnspiring to quit, with
or without notice, the service Of
said receivers, with the objection and
intent of Gripping the property in
their custody, or embarrassing the op-
erations of said road, and from so
quitting said receivers, with or with
out noGce, as to cripple the property
or to prevent or hinder the operation
of said railway"
1t was also asked that paSSa yes in
the supplementary injunction, cover
ing the same ground more strongly, be
eliminated. The object was to put to
the test the question of authority to
issue such order, the understanding be
ing that if Judge jenkins maintained
the position originally taken, an ap
peal would be taken to the United
States court of appeals.
The opinion rendered today modi-
fies the injunction by striking out the
clause which reads: and from or
dering, recommending, approving or
advising others to quit the service of
the receivers of the Northern Pacific
on January list or at any other time"
In all other respects the judge denies
the motion of the men.
Judge Jenkins opened his opinion by
saying it was not the province Of the
court to assume any part in the con-
test between capital and labor. 1t
might be that aggregated capital is
fraught with danger to the republic;
it might be that aggregated labor is
perilOus to the peace of society and the
rights of property.
Doubtless the rights of both had
been invaded and that each had
wrongs. If danger existed to the state
from the force Of capital OF labor it
was not the province Of the courts to
deal with it. That was for the legiS-
lative branch of government to take
up and remedy by appropriate enact
ments. The duty of the court was
merely to execute law as found.
The opinion then goes on at length
to argue that, if the conspiracy to i'll
lure the business of the company as
alleged is true, the court certainly has
a right to interfere by injunction to
prevent it, the interests of the owners
of the road being, on account of the re-
ownership, directly in the keeping Of
the court.
1t would not do to say the court
could punish the conspirators after a
strike by contempt proceedings. Such
punishment would not be adequate.
because the damage wrought by tying
up traffic, not only to owners of the
road, but to the general public, was IT.
reparable by any assessment OF pc
cuniary damages. Moreover, such
punishment would be next to impOssi-
BILE to execute over such a great stress
of territory. Besides any pecuniary
penalties assessed would not 60 TO the
persons damaged, but to the court.
Attorney Charles Quarles, who rep
resents the labor organizations, stated
at the close Of the reading Of the de-
cision that an appeal to the circuit
court of appeals would be taken to
the higher court as soon as the proper
papers could be prepared.
The case may reach the supreme
court in time.
TO RESTORE EMPLOYEES PAY.
Omaha, April 6.-The American Rail
way union applied to Judge Dundy,
in the federal court, to have restored
the salaries cut by the receivers of
the Union Pacific last August. The
Judge declared he will do it. Judge
Dundy was visibly excited in address
ing the attorneys after the applica-
ton was heard.
he Sdlu lu1L IL NeiSCo VI IAlN 1iiSii
had been cut as claimed, while those
of others who were drawing higher
pay had not, he would see to it that
those drawing less pay were treated
in the same way by the old pay being
restored Still he thought it but fair
the other side should have notice and
suggested waiting till the return of
General Manager Dickinson.
He spoke at some length of the
trouble which he had got himself
into some time ago by following the
president set by Judge Jenkins in the
Northern Pacific case. He did not pro-
pose to get himself in a position to
again be denounced by all the papers
of the country, even though he was
merely following another judges lead.
He wanted it understood that if any
of the road had been wronged
by having his pay reduced he would
not have to join any union to get
justice one him. He would hear one
person as readily as four thousand.
COMMONWEAL'S PROGRESS.