The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-11-09

sy between the receivers Of the Read
ing Railroad company and such en-
!, ployees as are members of the Broth
erhood of Railway Trainmen, has
prompted an expression of opinion
from Attorney-General Olney in the
form Of a letter to Judge Dallas, of
the United States Circuit court. before
whom the case is pending. The diff
Guilty between the two organizations
reached a crisis on August Is last,
when General Superintendent Sweigard
summoned before him eleven employ
ees and notified them they should
abandon the brotherhood as a condi-
ton of retaining their places with the
railroad company. Vigorous protests
were made against this alternative and
Ehe brotherhood urged the receivers to
Agithdraw it; but, in answer, the re-
delivers on September II. wrote:
THE policy of this company is well
llEowp to be that it will not consent
tfIat persons in its service shall owe
allegiance to other organizations which
may make claims upon them which are
incompatible with their duties to their
employers. This position was taken
advisedly, and we have no intention Of
departing from it."
An Exhaustive Discussion.
Attorney-General Olney's letter is an
exhaustive discussion of the questions
presented, and he reviews the various
problems and the consistent solutions
TO be applied, in every respect.
In substance he holds that labor I'M
organized is practically powerless;
that IN q combination such as this lies
the only safeguard of the workingman
In his dealings with organized capital.
and that his RICH, to belong to such a.
unlon-beneficial in intent and purpose
oSls legal right which he cannot be
deprived of. The letter is as follows:
Suggestions respecting Questions
raised by petition of Hymans, Ryley and
other members of the Brotherhood of
Railway Trainmen, the tendency of this
petition having bee incidentally brought
10 my attention, the issues raised i'm
pressed me as of great gravity and
importance, not only as. between the
parties Immediately concerned, but as
regards the country at large.
The Readings Position.
Tin that view-in which 1 could not
upubt the court would share. it SEEM
Jed TO me that the court would not OBJ
Ject TO a brief discussion of the case
from a public point of view merely
H44d OAlAlAliOSl1Ctu 10y WISHES ana inter-
ests of the particular litigants before
1t. Upon this suggestion being made to
the court it was at once cordially as
scented TO. The considerations following,
therefore. are submitted by me as a
emicus curiae merely, and by express
leave Of the court.
''First-The material facts may be
briefly stated. The petitioners are mem
bers of the Brotherhood of Railway
Tire in .or 10
members for seven or eight years
have each year paid annual dues and
assessments, which now amount to con-
siderable sums Of money-and by con-
ttnuing their membership, will, in case
of death or permanent disability, be-
come entitled by themselves or their
representatives to large pecuniary pay
ments from the funds of the brother
-aood. On the other hand, by
l Axasing to be members, they
e53se all benefit from the
assessments and dues already paid.
Ind forfeit all claims upon the brother
Ihood treasury. The constitution and
Arules of the brotherhood and of the
%u5ordinate lodges are before the
1ourt part of the petition. No con-
.troversy or antagonism has ever arisen
or existed between the Reading rail-
road and any members as such mem
bers.
LAS it is claimed, the Reading rail-
road has for some years adopted the
rule that it would not have in its SER
vice any member of a labor organiza-
ton, it is a rule which has not been
uniformly or invariably acted upon.
since there mas been a Philadelphia
lodge of the brotherhood Of the Read
ikg line for nearly eight years and its
existence cannot have been unknown to
the Reading officials.
What Has Led to 1t.
What has now happened and what
has led TO the present condition is
this: The Reading officers have mott
fled the members of the brotherhood
on its line unless they cease to be such
members they will be discharged from
their present employment on or before
Oct. s. The receivers made no COM
plant of the manner in which the bro
therhoOd employees discharge their re-
spective duties. The notice has been
given simply because of such en-
ployees' membership of the brother
hood, and is conclusively shown by the
following telegram received by Grand
Master Wilkinson in reply to his re-
monstrance against the course proposed
TO be taken:
- The policy Of this company is well
known to be that it will not consent
that persons in its service shall owe
allegiance 20 ether organizations which
may make claim upon them which are
incompatible with their duties to their
keulployers. This position was taken adj
Eisedly and we have no intention of
feparting from IL.
Y JOSEF S. HARRIS.
President md Receiver
Thus. If the receivers are right. and
their rule is to prevail, membership of
the brotherhood by and of itself H.
capacitates for services on the road. 1t
is res pectfully submitted that the re-
ceivers are wrong in that the action
proposed by them ought not to be
sanctioned by the court.
''Second-It will help to make plain |
the precise question before the court |
TO note the opening words of the tele- |
gram just quoted. THE policy Of the |
company is well known to be- etc, |
etc.
Mr. Harris Forgets.
''NIr. Harris, who signs the telegram,
both as president and receiver, evil |
IDENTIFY forgets the company is no long |
er In control-that it can have no pres |
ent policy on the subject, and that |
what its past policy was is of slight |
consequence. The Reading railroad be- |
ing now in the hands of tie receivers.
the receivers and the employees Of the
company are officers of the court. Tie
court, therefore, and not the company. /
is the employer of all the persons en-
gagged in the operations of the road. |
The present policy of the court and not |
zthe past policy Of the company is the
sIpaterial thing to be considered and /
sfnce, the precise question is will the I
c6urt now lay down the rule. that mem
bes of the Brotherhood OF Trainmen /
snEail, because they are such members. !.