The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-10-17
Strikes Must be Peaceable.

prepared by him, the United States
Circuit Court of Appeals. this morn.
ing reversed in part the famous decl-
sion of Judge jenkins in the case of
P. M. Arthur and others against tue
Northern Pacific Railroad in which
Judge jenkins decided that the men
had no right to combine for strike
under certain conditions. chief among
which was that it would, when enact.
ed, tend to injure the property or
business of the road. Although the
case is reversed in part and the case
remanded with directions to strike
out certain portions of Judge
Jenkins's opinion, the letter of the
decision is to prevent all strikes un-
less they be absolutely peaceable.
Judges Harlan, Jenkins, Bum, Gros
soup and Woods sat today. The
order, which was prepared by Justice
Harlan was also participated i'll by
Judges Woods and Bum. The gist
of the opinion is as follows:
The questions before US relate to
the powers of a court Of equity-hav-
ing custody, by receivers Of the rail
road and other property of a corpora
tion--to enjoin combinations, con-
spiracies, or acts upon the partsof the
receivers; employees and their asso-
ciates in labor organizations which, if
unrestrained, will do irreparable mis-
chief to such property and prevent the
receivers from discharging the duties
imposed by law upon the corporation.
The injunction against employees
so quitting as to cripple the property
or prevent or hinder the operation of
the railroad was equivalent to aeon.
mand by the court that they should
remain in the active employment of
the receivers and perform the services
appropriate to their respective posi-.
tions until they could withdraw with
out crippling the property or prevent.
ing the operation of the road. The
vital question is whether court of
equity will. under any circumstances,
by injunction, prevent one individual
from quitting the personal service Of
another. An affirmative answer to
this question is not, we think, justi.
fed by any authority to which our at
tention has been called or of which we
are aware. 1t would be an invasion
of ones natural liberty to compel him
to work or to remain in the personal
service of another. One who is plac-
ed under such a constraint is in a
condition of involuntary servitude-a
condition which the Supreme Court
of the United States declares shall not
exist. The rule we think, is without
exception that equity will not compel
the actual affirmative performance by
an employe of merely personal ser.
vices any more than it will compel an
employer to retain in his personal
service one who, for no matter what
cause, Is not acceptable 10 nlm Iof
service of that character
Undoubtedly the simultaneous ces-
sation OF work by any coniderable
number of railroad employees without
previous notice will have an injurious
effect and for time Inconvenience
the public. These evils. great as
they are, are to be met and remedied
by Legislation restraining alike EN-.
ployes and employers. In the abb
sence of such legislation, the right OF
one in the service of quasi-public
corporation to withdraw therefrom
whenever he sees fit, must be deemed
so far absolute that courts of equity
cannot interfere.
1t is one thing, however, for
single individual or several indivi-
duals, each acting on his own respon
sibiIity, to quit work, and quite
different thing in the eye of the law
for any persons to combine or con.
spire together with the intent not
simply of asserting their rights by
peaceable methods, but of employing
their united efforts to iljure others or
the public. 1t seems entirely clear
that any combination or conspiracy
on the part of these employees would
ha ;Ilaoa1 which had for ifa object the