The great West. [volume] (St. Paul, Minn.) 1889-18??, 1894-01-05
THE CIRCUIT COURT OUTRAGE
A Reversal of Judge Jenkins.
wing is taken from the daily press

Ihe following Is taken from the daily press:
At last there is showdown between Judge Cald-
we'll of the circuit court OF the Eighth judicial district
and Judge Jenkins of the court, at Milwaukee
Some days ago. Judge Jenkins sitting in the court OF
primary jurisdiction, which first appointed receivers for
the Northern Pacific railroad made a sweeping order
practically forbdding any individual union from en-
gagng in strike quitting the employ OF the road on
account OF the proposed change in tie scae of wages
sought to be adopted by the receivers. Later, upon
petitions filed in the circuit court of this district Judge
Caldwell also filed an order bearing on the same gey
ance in which he studiOusy avoided the unconstitc
tiOnal terms laid down by the Milwaukee poentate OF
the BENCH aid went only INTO the law concerned
the OF the roads property under the
control OF the courts The two orders widely dis
by employees OF the road lawyers and the PRESS
and considerable curiosity has been to the
probable action OF Judge Caldwell he is asked to
follow the precedent established by the Milwaukee Judge
The following interview had with the Arkansas iudge
who is Solomon in matters OF receivershp and equity
will be interesting reading to the Milwaukee Judge who
seems to have overlooked the existence OF the bill OF
rights in this country:
If receivers should apply for leave to reduce the
existing scale OF wages, before acting upon their
petition would require them to give notice Of the ap
pcatiOn to the officers of the several
labor organizations to be affected by the proposed
change, of the time and place Of hearing would
also require them to grant such officers representa-
leave OF abse and furnish them transportation
to the place OF hearing and substituting them while in
attendance and would hear both sides person by
attorneys, they wanted attorneys appear for them
The employees road in the hands of receiver
employees vi the COURT and much in it's service the
receivers themselves and much entitled be heard
upon any proposed order OF the court which would
affect the whole body OF employees.
III alter full hearing and consideration found
that it equitable and best reduce the
scale OF wages, would give the employees ample time
TO determine whether they would accept reject the
scale. If they rejected it, they would not be eroined
quitting the service of the either sngy
a body; in OF her Words would not DIN them from
striking but if they made their election to strike
would make it plain them that they not, they
quitting the of the court, interfere with the
property OF or the operation Of the road or the
employed to take their places
"A United States court very readily find the
means efectualy protect the property posses
sion and the persons in it's employ have in one or
two instances pursued the policy have indicated,
| the differences were satisfactorily adjusted"
JENKINS REBUKED.
The working of the country need not yet lose
faith in the judiciary The action OF Judge Caldwell of
United States circuit court OF the Eighth judicial
district in refusing to become the mouth piece through
which the receivers OF the Northern Pacific railroad
may whip their employees into line, has called forth the
warmest communication OF every railroad employe In
the Northwest.
When Judge jenkins of the primary court of iuris-
dction at Milwaukee, promulgated his offensive order
strainng the Mort hern Pacific employees combn
ing organizing for strike, he overlooked great
fact.
Judge Jenkins is not living in an age of Cypress
ion.
His attempt to gag honest labor, his high-handel
assumption Of monarchca powers have met with just
though Silent anu implied reDuke at tne hands oil tn
veteran Arkansas judge, who stands before veryth1
else, for right and equity. In other words Judge Cali
we'll name will forever stand associated with that
swerving OF honor, which forces Justice for the
poor man equally with the rich and powerful.
i He has utterly refused to make arbitrary order
i compelling working men to accept lower scale cf
Wages without hearing the claims advanced by both
receivers aid employees. Let the public compare this
ultimatum with the unconsdered action OF Judge Jen
klns who PUSHES in where angels fear tread with
order which would have the effect of deprviDg every
working in the country of his constitutional
rights were it to be considered as precedent.