The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-07
1T IS MODIFIED.
Judge Jenkins on His Famous
Northern Pacific Order.

NOftnern PsicIf1c order.
Milwaukee, April 6-Judge Jenkins
today rendered a decision on the mo
ton made by the chief of the railway
organizations for modification of his
Northern Pacific strike order. The de-
cision modifies the injunctional orders
by striking out the clause which reads.
And for ordering, recommending, ap-
proving or advising others to quit
the services of the Northern Pacific
railway on June zsr 1894, or any other
time" All other notifications are re-
fused. The petition asks for the modi-
fication of the injunction of December
9. by eXpunging the words And for
combining and conspiring to quit with
or without notice to the said receivers
with the object and intent of Gripping
the property in their custody or embar-
RAISING the operation of the road, and
from so quitting with or without no.
uce to the receivers as to cripple prop
erty or hinder the operation of said
road. The object of the motion was
10 bring TO direct issue before the
court the question whether the court
can grant injunctions to restrain en-
pIoyees from striking.
Rights of Both Parties.
Judge Jenkins said: In the discus
sion OF the important and interesting
question presented by the motion, it is
not the province Of the court to assume
the part in the contest between capi-
tai and labor which it is asserted is
here involved. 1t may be that the ag-
Gravated power of combined capital is
fraught with danger to the Repuhlic
1t may be that the aggravated power
Of combined labor is perilOus of prop
erty. 1t is doubtless true that in the
contest the rights of both have been
invaded and that each has wrongs to
be redressed. If danger to the state
exists from the combination of capital
or labor IL is within the province of the
legislature to determine the necessary
remedy but it is the duty of the courts
TO restrain those warning factions so
far as their action may infringe the
declared law Of the land that society
may not be disrupted. If the combi-
nation and conspiracy alleged and the
acts threatened to be done in pursu-
ance thereof are unlawful, it cannot, ]
think, be successfully denied that to
restrain by injunction is the appropri-
ate remedy.
The interference with the operations
OF the threatened railway if carried
into effect. would result in the paralyz-
Eng cf the business, the stopping of the
commerce ebbing and floating through
Seven states Of the Union, wreaking in.
calculable injury to property and caus.
tng great public privations. Compen-
sation could be obtained only through
a multiplicity of suits against the r..
600 mon scattered along the line of rail.
way for a distance Of 4,400 miles,
All Employees of thc Court
The judge then cited several authori
ties and continued: 1T would he an
onalous, indeed, if a court holding this
property IN trust could not protect i
from injury"
As to the violation of individual
rights of employees. Judge jenkins helc
that each employee of the road wa:
an official Of the court, and RESPONSE
bic to the court for his conduct. Some
of the men have threatened to quit tn,
employ and use force upon other EN-
ployees and prevent their places from
being filed. He could not see how
the restraining order interfered Will
individual rights. as they had the RICH
u to decline the service. The restrain
was Only impaired with reference L
combining.