The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-05-05
THEY JUMP ON JENKINS
Boatner and Colleagues Show Up The
Federal judges Methods
WRONG FROM THE START
Tho Majority Report of the Commit
tee OF Investigation Says Some
Pretty Severe Things Upon
This Question.

WASHINGTON, May i.-kepresentaiiNe
Boatner, chairman OF tho special commit
tee appointed TO investigate the Northern
Pacific decisions OF Judge Jenkins, to-day
submitted to the full judiciary committee
tho majority report of tue special commits
tee. The report says tho order Of the
court reducing the wages and prohibiting
tho employees from quitting work were a
gross abuse OF the power OF the court;
wero supported by neither reason nor
authority; wero beyond the jurisdiction
Of the judge and were therefore void.
The second or supplementary writ was
more reprehensible than the first. because
the judge was advised before he rendered
IL of the exact object and purpose sought
to be accomplished.
The report continues: "Tbe conclusion
of the judge that the employees of the
Northern Pacific Railroad company might
be forced by him by writs of Injunction 10
protect that company from loss and the
public from inconvenience by remaining
In its service at rates TO which they did
not give assent, is one in which we cannot
concur. and which, in our judgment, is
supported by none of the decisions which
he cites. Your committeeman find moth
ing IN the testimony, nor do they see any
corrupt intention on the par; of the judge
who rendered these orders. II is alleged
1t is possible he Is sincere in these convIc-
lions, and that ho properly exercised the
equity jurisdiction of the court to prevent
loss and damages which would have re-
suited from an unlawful strike against
the Northern Pacific Railroad company.
"This view of the case prevents us from
recommending any proceeding looking to
impeachment. But in order that there
may he no further excuse for a rendi-
ton of such orders and DEGREES.
and that the courts of equity OF the United
States may not he deceived as to
| the extent of their powers OF enforcing
contracts for personal services by legal
process, and recommend the enactment
OF statute which shall prevent them do.
ing SO.
I'VE also feel constrained to call atten-
ton to the abuses which have grown up
under the powers assumed by the judges
| OF the United States TO appoint receivers
for the railroad corporations. These or
ders, being rendered in court, in proceed
! ings instituted nominally for the purpose
| of cffecting foreclosures, bur really for the
purpose OF averting the pursuit OF credit
| ors and the enforcement of lawful obiiga-
tions, are considered as interloculary and
no; subject to appeal. If, however, an APP
neal is granted. il does not nave the effect
of su,pendiny the execution Of the dccr,.
| and the road masses into the hands of re.
| ceiyers, who opera,e il at least pendinp
the appeal and this action of tho iudgc is
entirely independent and beyond control
by the owners and creditors of the nron.
erty, The power exercised bv the
| courts through the receivers are
purely of their own creation. the result of
| a judicial construction not ascerta,ncd or
limited by statute, and therefore dancer.
Gus. Your committee Is of the opinion tho
| cases for which n receivershin may he
ordered in the courts of the United States
| should be declared by statute. The anam.
| oly has been nresented for yeors of ,reot
| railway cornoratiops heinz onorated and
| tho business of conmo, c,rriers c,rri,d
ON nv tho limited States througb tho iudi.
cial lines of the government and of iudges
nossessipy al once The po,yers merit amin,
| to other judicial officers and combipipy
with this ,over thai of nrosidon, .nJ Tho
director Of the cornoratio, united /, ono
and the same persop.
"Your committce is also Of tho o,;rio,
| the mower asserted nv ,bs iud,es of irni,ed
| states courts N punisb for cop,emr, is
dapgerous and sbouId he Iir,ited hv i,v ;,
| The report was discussed for two hours
hut no ac,ion was taken bv tho f,lI corn,
mi,toe. The renort was ,undc , s,oci,I
order for The ,ull comui,,eo rox, TIC.
day.
| Ronresonta,ive w 4. Sto,e NJ po,,s,I.
| v,nia. tbe renublicon rpomber ~ ,ho
| committoe dissop,s from, tho m, iori,v ro-
mort ON tho ground that il is an nttc,nn.
10 mako n judicial ruling but no has moi
90, submitted his p,inorifv rorort
| After recit,ug the we'll kno wu facts aud
,iro,,ms,onoes Io,ai,g mn 10 ,ho ,,,., a,.
Jors of ;r;upc,io, bv Ju,,a Jo,k,ns ,ha
,,,ior;,v renort nroceeIs ,s f,iIn,,..
.No,witbst,pJipu ,he sucges,io, h,, ,La
| or,,,,oyes ,ba, ,bev desired !, eon,or ,ho
ordars u.ro in,madia,oI,, h,,ina,l LEI
,,,, n,a;,in, tho res,,I,s ~ ,ho confaranau
or beip, in tho nossession of ,ny dofin,,a
| r.; a. ,,,t .r