The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-11
The RAILROAD WEAKENS.
Effort by the Southern Pacific
to Compromise the
Suits.
WHAT THE CONDITIONS WERE.
Byron Waters Offered to Reinstate
Knox and the other A. r. u.
Men.

The Southern Pacific Railway Company
has made its first move in the suits brought
against it for $4,000 exemplary damages
each by Harry A. Knox, Thomas Comp
ton and James Mullin, the three members
Of the American Railway Unions media
ton committee during the strike last year:
Early in the month the complaint OF
Knox was filed by Attorney Montelth, and
since then that in the Compton case mas
gone upon record. The Mullin complaint
will be ready in few days-as soon as his
signature is attached to it.
The first move of the octopus IS IN the
nature of complete "come-down." 1t
had black-listed and boycotted the mem
bers of the A. R. U. ever since the strike,
and not q member of the union, if known
to be SUCH had been able to get work of
any kind with the corporation. Finally
the three prosecuted members named con-
Guided to 90 into the courts and see
whether the judiciary of the country
would recognize the right of man to
labor as well as the right OF corporation
to run its own business to suit itself-n
not the public.
: This was an unexpected proceeding on
90 the part of the aggrieved men-s something
the legal talent of the railroad monopoly
had not calculated upon. When, there
fore. copies of the papers were served upon
the COMPANY the hired lawyers received a
shock of surprise that was almost paralyZ-
ing. Byron Waters, the claim attorney,
was the first to recover from it ana imme-
dlately hied himself to the office of Mr..
Monteith and offered to compromise.
In years gone by Messrs. Waters and
Monteith had enjoyed close terms of
friendship in San Bernardino. Mr..
Waters, therefore, opened up with some
thing like this:
Now, you know, George, this is no way
to treat an old friend-bringing these suits
like this. 1t wounds my vanity, George,
TO think that you would SO soon forget an
old friend"
''Well, this isn't question of friendship,
Byron" Mr.. Monteith replied; this is
purely a matter of business; and you know
that railroads and law offices are run on
business principles and not sentiment
You fellows may have allowed a little
sentiment to aCtuate you-sentlment OF the
wrong kind, it appears-but Simon-pure
business principles only are allowed to be
considered in the course my clients and
myself have taken
''Oh, that's all right, but look here,
George, Mr.. Waters resumed, coaxingly,
= don't YOU suppose those fellows could be
met half way? I'll tell you what we will
do. We will pay them their wages from
the time they ceased to be ia the COM
pany's employ and we will reinstate them
in their positions if they will only with
draw these suits"
Mr.. Monteith's answer was not salts
factory, and Mr.. Waters left with panied
expression on his countenance.
I'VE will not accept any compromise, :"
Mr.. Monteith said to a CALL reporter yes
terdaY afternoon; that is, can't accept
any compromise because l have not been
SO instructed by my clients. All can do
is to go ahead with the cases in the absence
of instructions to the contrary. / will
push only these three cases, although /
could begin proceedings in any number of
damage suits if | wanted to. A great
many of the men have been to me and
asked me TO commence suits for them
since the complaint in the Knox action
was made public"
Harry Knox, when asked about Mr..
Waters attempt to compromise, said that
his case was being managed by his attor
nev, and, as the latter knew more about
: law than he did, he would not presume to
instruct Mr.. Monteith as to his course of
action.
:. 81 am averse to any compromise being
made now" continued Mr.. Knox; 1.-The
matter has gone too far and 1t is too late
now to talk of compromising. The COM
pany had plenty OF opportunities to meet
us half way before we began these suits If
it had felt so disposed.
1.-The object of these suits is to determine
whether a workingman has any right in
this country which a capitalistic monop-
oily is Justly bound to respect, and to ascer-
tain whether the judicial system in vogue
will weigh the poor mechanic and the rich
capitalist equally on the scales of justice.
For us to accept the temporary advantage
offered would, 1 fully believe, be equiva-
lent to deserving the ranks of labor in the
great controversy now going on between
q. the oppressed and tie oppressors. Be-
sides, it is only a bait anyway. l think,
and if. we bit at it we would find our
selves in trap; that is, IL would amount
to the selling of our causes of action,
which are righteous ones, for a mere mess
of pottage, and what would we then have
left?
" ''It is time for the people of California
to begin disciplining the great transporta-
ton monopoly and the treatment we have
received, the depriving US of means of
livelihood, the willful and continued at
tempt to starye US as a punishment for
standing up for our rights-has furnished
US with a grievance which will give the
people of California an opportunity to
exercise the disciplinary power which
State is supposed to have over private
business Institutions"
HATUEF mimi lIIIIFnnHHn