Kansas City daily journal., 1896-10-19

ways are by their charter and contracts
with the federal government compelled to
transport the United States mail, with the
greatest possible Dispatch; third, railways
may be required by the government in
case of war or public danger. to trans
port troops and munitions of war peremp-
tcrily and with all possible speed. Hence.
railways are compelled to operate their
trains at all hazards, whether certain OF
carrying any freight or passengers and of
collecting compensation or not. They have
no alternative but to obey the law, or for
felt their charters. Now what the govern
ment requires of railways in the perform
ance of public duties it should be willing
at all times and under reasonable condi-
tions by the exercise Of its judicial power
to aid the railways in performing.
Now the operation OF railways through
the dangerous power Of steam Is attended
with hazardous risks-commensurate with
the weight and speed of the train and the
character of the road. and of phycical con-
ditions-of a triple nature. first to the em-
ployes of the road; second, to the passen-
gers on the trains; and, third, to the peo-
pie along the line. Hence, it Is of the ut
most importance that full complement OF
employees should be at the command Of the
officials and ready to perform their allotted
duties in operating and controlling the
| movement of trains. Such employees are
charged, by virtue of their employment,
| with duties analogous to the duties i'm
posed upon soldiers on duty, or guardians
of the peace. since any remission Of duty
| on their part may entail serious loss OF
life or property. 1t is essential to the sue
cessful operation of railways, especially in
these days of fast limited trains. that every
engineer, conductor or trainman should be
at their post at the appointed time ready
to fulfill their respectives duties; that every
dispatcher, every signalgnan, fagman,
switch-tender, bridge-tender or other en-
p1ava- ha at he{
during their allotted periods of service, but
should also be vigilant and faithful in their
discharge of their duties-since precious
human lives and valuable property are at
their mercy.
| 1t is obvious. then. that II railway en-
ployes be permitted to abandon their posts
at the behest of some labor agita tors, or in
| order to crafty some whim or caprice on
| their part, that the service of the roads
| would be seriously crippled and the opera
| tfon of trains at stated and regular periods,
as the state imperatively demands of the
| roads. as condition Of their existence.
/ would be attended with great public danger
| and risk to life and property. A railway
eniploye on service is charged with much
| the same duty as that imposed upon SOL
| diers in camp or in the field.
The laws of war hold soldiers to a most
| rigid performance of their duties; and the
| civil laws should hold railway employees
| to a performance of their duties commen-
| surate with their responsibilities to the
| public. 1t is essentially different with en-
| ployes of manufacturing corporations since
| they are all under the immediate control
| of the managers, and in case of vacancy,
| in one post, it can usually be filled at
| once by other employes-and then the risk
| from lack of sufficient force is not so
great, especially to the public. But in
| case of railways, the men are often scat
tered over the line through several differ
| apt he m Hat
| of the managers, and in case Of a general
| or partial strike their places cannot be
| readily filed. Again, railway employees are
| charged, by the character of their work,
| with greater degree of care and respon-
| sibility than is imposed upon employees Of
| other corporations.
| Mills can be closed in case Of insufficient
force. In many cases the railways have
been obliged to pay heavy damages by
| reason of the operation of trains without
| a sufficient force, due to the absence or
neglect of their employees. In a, case de-
cided by the court of appeals of New York.
! the Boston & Albany railroad was held
| liable for the death of employees on a
freight train because it sent the train out
| on a cold and stormy winter night, with
out sufficient brakemen to control the
| train. The train became unmanageable on
heavy grade, broke in two, and several
employees were injured or killed.
| rIoIl THESE COnSlQerdtlOnS We can read
lily understand why, from the very nature
OF their employment, men in railway
| service should be held to rigid discharge
| OF their duties and prevented, by injunc-
| ton, If necessary, from throwing up their
positions arbitrarily for purely personal
| reasons. On the part of the employe satis-
| faction or dissatisfaction with the service
Is merely matter of sentiment or preju-
dice-always perverted in case of labor
| troubles-but with the corporations and the
| public 1t becomes a matter of grave i'm
portance. Injunction is remedy intended
to prevent irreparable injury to persons or
| property until the merits of an existing
controversy can be determined judicially.
And no case could be conceived where the
exercise of the remedy is SO fully war
rarted by public policy and the principles
| of justice as in a case where a threatened
strike of railway employees would imperil
the service and subject both the remaining
employees and the public to grave dangers.
The state requires that trains shall be op-
Grated continually, and 1t should, in Case
of necessity, cooperate with the railways
in securing the operation of such trains
with safety to the public. In assuming the
service railway employees have due notice
that they will be held by judicial power, ii
necessary, to the full discharge of their
duty, as in the case of peace officers, until
their places can be filled by others, and
that they will not be permitted to partici.
pate in a general strike and thus imper
the lives and property of the people.
Asa measure of compensating justice, the
law furnishes to railway employees, or tc
the public, another remedy-mandamus-
which may be considered as a counter
balance to injunction in securing the equit.
able administration of justice. Mandamus
may be invoked by employees to compel the
railways to perform duties for the benefit
of employees, just as an injunction may be
procured by railways to prevent employees
from deserticg their posts arbitrarily anG
en- masse. to the irreparable injury of the
railway and great danger to the public
AS contradistinguished from injunction
mandamus illustrates the familiar maxim
J that cit is a poor rule which does not oper
ate both ways" One remedy may be EN-
ployed to aid the workmen by compelling
the performance of specific acts; the othel
may be invoked by the railways to preven
the performance of specific acts Both art
instruments to secure justice and equity.
! A writ of mandamus has been ISSUED
! against a railway company to compel it t.
restore to its former position a portion o
a channel of a stream; to complete its road
to replace its tracks; to run its trains; t.
grade its roadbed properly; to run it.
!, grain to a particular warehouse or eleva
l tor: to build a bridge: to restore al
abandoned station. Wright VS.. S. B. & N
= Y. Ry, Co., 40 Hun CNew York; Reports
AS: Hall VS.. Union Pacific Ry Co.,
United States Reports, 343; 81 Connection
Reports, 154; Sc Illinois Reports, $685. ant
4 other cases.
2 By compelling a railway to operate It
trains. even at loss, the workingmen ar
, enabled to ride to and fro from their home
, and places of business. By compelling tn
/ m, a he 1orxy