The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-11-09
TRADE UNION UPHELD
An Important Opinion by At
torney General Olney.
READING RECEIVERS ARE WRONG
They shsula Prefer Brothsrhood Men
aad ~ Federal Court Omeers
Can't Blacklist Them


are members of the brotherhood of Rail-
way TrAinE-en has prompted an express
SIGN OF opinion from Attorney General
Olnev, II the form of q letter TO Judge
Dallas. of the United States circuit court.
before whom the case Is pending The
difficulty between the two organizations
reached = crisis on August Is last. when
General Superintendent Sweigard sum-
moned before him eleven employees and
notified them that they should abandon
the brotherhood as . condition of retain
ing their places with the railroad COM
pany. Vigorous protests were made
against this alternative. and the brother
hood urged the receivers to withdraw Il,
but in answer the receivers on September
IL wrote:
THE policy Of this company Is well
known TO be that 10 viii not consent that
persons in its service shall owe allegiance
TO other organizations which may make
claims upon them which are Incompatible
With their duties 20 their employers.
This position was taken advisedly. and We
have no intention of departing from it. )"
Attorney General Olney's letter Is an
exhaustive discussion OF the questions
presented. and he reviews tho various
be applied in every aspect. In substance
he holds that labor unorganiged is prac-
tically powerless; that in combination
such as this lies the only safeguard Of the
workingmaa in his dealings with organ
lied capital. and that his right TO belong
10 such union-benefcia in intent and
purpose-is legal right which he cannot
be deprived of. The letter is Is follows:
Respecting the questions raised by the
petition of Hymas. Ryley and other mem-
bers of the Brotherhood of Railway Train
men. the tendency of this petition having
been incidentally brought to my atten-
ton. the issues raised impressed me as Of
great gravity and Importance, not only as
between the parties Immediately con-
cerned, but as regards the country at
large. In that view-in which l could
not doubt the court would share
il seemed TO me that the court would
not object TO brief discussion of the case
from public point of view merely, and
uninfiuenced by the wishes and interests
OF the particular litigants before it. Upon
this suggestion being made TO the court IL
was At once cordially assenied 70. The
considerations following. therefore, are
submitted by me as dDiicus caris merely,
and by express leave Of the court.
"First-The material facts may be briefly
stated. The petitioners are members of
the Brotherhood oil Railway Trainmen.
Some of them have been members for
seven or eight years-have each year paid
annual dues and assessments, which now
amount TO considerable sums of money
and by continuing their membership will,
in case OF death or permanent dis.
ability, become entitled by them
selves or their representatives to
large pecuniary payments from the
funds OF the brotherhood. On the
other hand, by ceasing 10 be members,
they lose all benefit from the assessments
and dues already paid. and forfeit oil
claims upon the brotherhood treasury.
The constitution and rules of the brother
hood and of the subordinate lodges are be-
fore the court as a part of the petition.
No controversy or antagonism has ever
arisen or existed between the Reading
road aud any members, as such members.
As il is claimed that the Reading rail-
road has for some years adopted the
rule that Ii would not have in its service
any member of labor organization. Ii Is
a rule which has not been uniformly or IN.
variably acted upon. since there has beer
a Philadelphia lodge of the brotherhood
on the Reading line for nearly eight
years. and its existence cannot have been
unknown 10 the Reading officials. What
has nov happened, what has led to the
present petition. is this: The Reading
officers have notified the members of the
brotherhood on its line that unless
they cease 70 be such members they will
be discharged from their present employ
ment on or before October s. The receiv-
ers make no complaint OF the manner in
which the brotherhood employees discharge
their respective duties. The notice has
been given simply because Of such en-
ployes' membership Of the brotherhood,
a. is conclusivelv shown by the telegram
received by Grand Master Wilkin-
son in reply 10 his remonstrance
against the course proposed 20 be taken;
thus. II the receivers are right and their
rule is to prevail. membership OF the
brotherhood. by and of itself, inespaeiiates
for services on the road. IL 10 respectfully
submitted that the rseivers are wrong, aud
that the action proposed by them ought
not 10 be sanctioned by the court.
Second-it wlil help 10 make plain the
precise question Before the court 10 note
the opening words Of the telegram: The
policy Of the company Is well known 70
De-. etc. Mr. Harris. who signs the tee
gram bota IS president aud receiver, ev.-
IDENTITY forgsfs that the company IS no
longer In eonsrol-thAt il can have no
present policy on the subject, and
that whss iss past policy was is of
slight consequence. The Rsag!ins rail-
road being 8ow IN the hands Of
receivers, the receivers and the en-
psoyes OF the company are off,
GERS % tie court. The court. therefore
and not the company. IS the emp!orer OF
sil the persons engaged in the operations
of the road. The present policy OF the
court. and not the past policy Of the conf
pany. is the material thing 10 be consli.
| ersd. and hence the precise question is.
! viii the court nov lay down the rule thas
members Of the Brotherhood Of Railway
/ Trainmen shaa, because thev are sgeh
members. be discharged from the service
/ OF the road.
"Third-The coGT,. il Is admitted. ought
/ not and esnRos lay down aay such rule.
on the ground that, unta either the pur-
poses and objects ot the brotherhood or
/ the means by which they are TO be at
tanned are snowu 20 lie Illegal
"Flrst-The general purposes and OBJ
( secss 81 the brotherhood are ssasei Ia toe
i preamble 20 the constitution. a. fellows:
Z 10 ungte the railway tyAinmen. To pro-
mote their general zelfare ana advance
their interests socially and intel
/ lectually: 20 pootecs their families by
I the exercise Of systematic henevo!ence.
society. reeGful IN a cwltnx 50 hazardous
I a. ours. this fraternity has been organized
I Persuaded ihAt "a - Tor the interests both.
/ af our members and their etap. overs. that
/ coed UNDERSTANDING should az ali
times exists between the two. il ri!
/ - the constant enas&vOr Of this
+ order 10 establish 0utaal confidence and
ereAge and maintsin harmonious relations
E Certainly these offsets muss he regarded
{ as iaudab.e IN the highest degree. and a.
( deserving the appreciation and support Of
every guea cltEsu. These are indeed
practically The same SIS saose for which
The Gnrs1nEulen arc expressly authorized
4 20 Incorporate themselves tv acE OF con-
{ Fress-the statutory descriptions 81 such
effects being for the purpose Of
atlsnE is members 60 become more
ali