Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1894-05-10

and combination. Should violence be
/ done to the person or property of the
employer by those who have combined
against him; if others would supply
the service which the strikers have
abandoned and are prevented from do
ing so by violence, intimidation.
threats or other unlawful means, these
acts are not only unlawful but in most
Instances would constitute violations
of the criminal laws and be punishable
as such. The conclusion. therefore. of
the judge that the employees of the
Northern Pacific Railroad company
might be forced by him by writS of in
junction to protect that company from
loss and the public from inconvenience
by remaining in its service at a rate
of wages to which they had not given
their assent, is one in which we can
son concur and which in our Judgment
is supported by none of the decisions
which he cites
Your committee find nothing in the
testimony nor see any corrupt inten-
ton on the part of the judge to render
these orders. 1t is altogether possible
that he is sincere in the conviction that
he properly exercised the equity iuriS-
diction of his court in preventing loss
and damage which would have re-
suited from lawful strike against the
Northern Pacific Railroad company.
This view of the case prevents us from
recommending any proceedings look
ing to his impeachment, but in order
that there may be no further excuse
for the rendition of any such orders
or DEGREES, and that the courts of eQui-
ty of the United States may not be
deceived as to the extent of their
powers in enforcing contracts for per-
sonal services by legal process, we
recommend the enactment Of a statute
which will prevent them from doing so.
1--WE also feel constrained to call
attention to the abuses which have
grown up under the powers assumed
by the judges of the courts of the
United States to appoint receivers for
railroad corporations. These orders be-
ing rendered in court under poceed-
ings instituted nOminally for the plr-
pose of effecting foreclosures but
really for the purpose of averting pur-
suit of creditors and the enforcement
of lawful obligations, are considered
as interlocutory and not subject to ap-
peal. If, however, an appeal is grant
ed, it does not have the effect of sus-
pending the execution of the decree
and the road passes into the hands of
a receiver who operates it at least
pending the appeal, and this action Of
the judge is entirely Independent of
any control whatever by the owner
and creditors of the property. The
powers exercised by the courts
through the receivers are purely of
their own creation, the result of judi
cial construction not aScertained or
limited by statute and therefore dan
gerous. Your committee is of the Opin-
ion that the cases for which a receiver
ship may be ordered in the courts of
the United States should be declared
by sta tute. The anomaly has been pre-
Sented for years on great railway cor
porations being operated and the bust
ness of common carriers being carried
on by the United States through the
judicial lines of the eminent, and
of the judges possessing at once the
powers pertaining to other judicial
officers and combining with those the
powers of the president and directors
of corporations united in one and the
same person.
''The committee is also of the opinion
that the powers asserted by the judges
of the United States courts to punish
for contempt is dangerous and they
should be limited by law"
The report was discussed for two
hours, but no action was taken by the
full committee. The report was made
special order for the full committee for
next Tuesday. Mr.. Stone, of Pennsyl
vania, dissents from the majority re-
port.