The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-02-16
TO TEST ITS VALIDITY
The Question 10 Be Settled Whether
Employees Can Strike.
AN APPLICATION TO JENKINS
The Judge Has Set Feb. IS as tho
Date for Hearing the Case-A ct.
Louis Judge Sets Down
on the Reoelvers.

'''~ii-NhleNs " iNb' o'--il'DltcullOuN was
made in the United States court this
afternoon by the employees OF the North
ern Pacific road through their union lead
ers for modification OF tho famous in.
junction issued by Judge Jenkins, re-
straining tho men from leaving the en-
p!oy of the road. Jenhins has set Feb. %
as the date for hearing the motion, which
is made in behalf of Arthur. grand chief
engineer of the Brotherhood of Locomo-
tive Engineers; L. Y. Sargent, grand chief
fireman OF the Brotherhood OF Locomo-
tive Firemen; L. l.. Clark, grand chief Of
The conductors; ID. G. Ramsay. chief of
The Telegraphers' Naticaa association;
y. L. Wilkinson, gran, chief OF the B.oth.
erhood OF Trainmca! John Wilson, grand
chiei OF tho Sw .tchmens' Mutual Benefit
association. The organizations and oili-
GERS state IN the motion that they repre-
sent such employees OF the Northern Pa
eiilc 1ily as are belonging TO the organ-
iEa.iors named. The federation Of en-.
hioyes OF the Northern Pacific railroad is
not party 10 the motion. II is moved TO
strike out all that part of the first injunc-
ton Of Dec. 10 and the second injunction
OF Dec. %, which restrained the employees
from striking or preparing TO strike. The
object OF the motion is TO bring to di-
rect issue tho question whether the courts
can grant inlunctions to restrain en-
pioyes from striking. II will be test
case OF nationa! interest and vital impor-
tance.
ST. LOUIS, Feb. 15.-Attorneys Thurston
aud Corwin. representing the receivers of
The Union Pacific road, who came here to
ask Judge Caldwell to harruonize the con.
tlictinc opinions OF Judges Dundy olOmaha
and Hallett Of Denver, had an informal
conference with him 10 secure date for
hearing and got a decided setback.
After listening to n statement OF the case,
Judge Caldwell said:
You have taken advantage OF the en-
ploycs behind their backs. Go back to
Omaha and revoke your wages order;
lhen l will take up your case. Prepare
and advertise your schedule and give the
men notice. think 60 days might not be
unreasonable. will come to Omahe and
hold Conference with your receivers and
representatives of labor societies, and we
will see il VIC cannot agree upon a scheG-
nle that will be just to the employees and
such as receivers can afford 10 pay"
Concerning the contradictory orders about
| toe relations of the Union Pacific and
Gulf system. Judge Caldwell said he would
consult with Judge Sanborn as 10 juris-
diciion aud reply later.
| LINCOLN. Ncb., Feb. 15.-Julee Dundy
said this evening: "Yes, have just been
reading the dispatches from St. Louis de-
failing the liltIe conversation between
Judge Caldwell and General Solicitor
| Thurston, in which the latter was told to
revoke the order recently made by the
Union Pacific receivers touching the mat
,sr of employees wages. Tho impression
| that Judge Caldwell has ovcrruied the
orders of this court is wrong. The wages
| question has not been brought up before
| Judge Caldwell, and his somewhat per-
emptory order to Thurston does not in the
least affect the status of the wages
question. My order still stands and
| will stand until reversed. The whole
situation can be expressed in a few
brief sentences. The receivers made an
! order reducing wages on certain
schedules. They brought the order to me
and approved il. There was nothing in
my approval of the order to prevent the
receivers from restoring the old wages il
they saw iit TO do SO. They can do SO
now If they choose. Judge Caldwell's
action is unusul in this, that in private
conversation with the general solicitor he
orders the receivers 10 restore the old
rates. He does not make an order IN the
shape of decision announced from the
bench. All Judge Caldwell has done is to
order the receivers temporarily 10 restore
the old wages pending settlement. His
order places no new aspect upon the situa-
ton as far as the court is concerned. Oi
course cannot tell what the receivers
| will do in the matter"
"Suppose the receivers do not consider
| Judge Caldwell's decision MS mandatory
and leave wages where they are under the
schedules approved by yourself. will the
employees have the right TO strike?" asked
the associatcd press representative.
"Why, certainly" replied Judge Dunly,
with significant twinkle in his eye. "Oi
course they have tho right TO strike in the
sense that they have the right TO quit
work and 20 home, but If they attempt,
well, if they attempt TO raise n row they
will find the orders OF the court very much
in force, to-day's order OF Judge Caldwell
10 the contrary Notwithstanding"