The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-04-07
JUDO. sEsxrs. onDxE srAsDA


He Releases Ca Medify Thns PORTION bor'
bidding the Men to strike.
MILWAUKEE. April s.-Judge Jenkins
today rendered . decision on the motion
made BY the chiefs Of the railway orRani-
sations for modification Of his Northern
Pacific strike order. The decision
modiGss the iniunctional orders by
striking ont the clause which reads. 'and
from ordering recommending. approving.
or advising others 10 quit the service OF
tbs Northern Pacific railway on June !.
1894. or any other time"
All the other notifications are refused.
The petition asks for modification OF the
Injunction OF December by expunging
the words, land for combining and con-
spring 10 quit. with or without notice,
the said receivers, with the object and in
tent Of Gripping the property in their Gus
tody or embarrassing the operation OF tho
road AMI from 80 quitting said receivers.
with or without notice, ~ to cripple the
property or TO prevent or hinder the OPP
erations Of said road"
The object Of the motion was 10 bring to
direct issue before the court the question
whether the court may grant injunctions
70 restrain employees from striking. Judge
Jenkins said:
ain the discussion OF this important and
interesting question presented by the mo.
ton. II is not In the province Of the court
TO assume part in the contest between
capital and labor, which IL 10 asserted Is
here involved. Il may be that the aggre.
gated power Of the combined capital IL
fraught with danger to tho republic. It
may DO that the aggregated power Of COM
bined labor 10 perilous to tbs peace OF So
o{a - ri TIM Vfnhtn nf IN
doubtless true that in this contest the
rights Of both have been invaded. and that
each has wrongs TO be redresssd. II dam
ger to tho state existed from combinations
Of capital or labor IL in within the province
Of the legislature to determine necessary
remedy, but IL II tho duty Of the courts to
restrain those warning factions % far ~
their actions may infringe the declared
law Of the land that society may not be
disrupted. II combustion and conspiracy
are alleged and acts threatened to DO
done In pursuance thereof are un-
lawful, Il cannot, think. Be success
fully denied that restraint by injunction
10 the appropriate remedy. The inserier--
ence vita the operations OF threatened
railway. II carried into effect, would
result In paralysis Of the business. stop
ping the commerce ebbing and flowing
through seven states Of the Union. work
ing incalculabIs injury to property and
causing great public privations. Compen-
sation could not be obtained only through
. multiplicity OF suits against the Il ooo
men scattered along tho line OF the rail-
way for distance OF 4, 400 miles"
The Judge then cited several authorities
and continued that IL would be anomalous
indeed II the court, holding this property
In trust. could not protect II from injury.
A TO the violation of the individual rights
Of employees. Judge Jenkins held that each
employe of tho road was an Official of the
court and responsible to the court for his
conduct. Some Of the men have threat
ened TO quit the employ and use force upon
other employees and prevent their places
being filled. He could not SEQ how q re-
straining order interfercd with individual
rights. ~ they had right TO decline the
service. The restraint Was only imposed
with reference TO combining.
WAsuisoros Ciry, April ii -tSpecial. -
Representative Boatner. chairman OF the
congressional committee to investigate the
Anti-strike injunction of Judge jenkins,
says The modified decision of Judge Cald-
welt will not alter the plans Of thu COM
mittee. The investigation will be unAf-
fectcd by anything, even what Jud 80
jenkins himself may say.
David w. Johnson and Morris Vetter. Of
Tacoma. are witnesses whose testimony
will probably be gwen before the sub~com-
missee. composed OF Representatives
Bcatner of Louisiana. Terry of Arkansas
AMI Stone of Pennsylvania. The sub
committee will not summon witnesses. for
they have no money to pay fees or ex-
penses Of witnesses. The committee has
been given To understand. however, that
Messrs- Vesssr and Johnson, with some
other Pacific coast men, will be present, as