The labor world., 1898-07-30
IN LAB0R'S FAVOR
The Corporation and laborer
are Equal Before Judge
mOor.
A Precedent Established in tho
Organized Labor
Movement.


been issued by General Manager War
rem and appealed to the district court to
have them set aside. On Wednesday
the matter came up for hearing before
Judge Moer, and the relief asked for by
the men was granted by the court in
every instance. Attorney A. E. McMan-
us represented the employees and Attor-
ney Dickenson looked after the interests
of the street railway. The obnoxious
orders which the men object ted to be
governed by were of such character
that they could no ,nger follow their
occupations and retain their self-respect.
The first order complained against was
Order No. 104. It provided that con-
ductors, motormen, starters and fagmen
of the company shall be exempt from
paying fares only when wearing uniform,
cap and badge, and night and day sta
ton foremen and despatchers only when
boarding cars in the performance of
their duties, and not riding on the same
car going in the same direction to exceed
three blocks. Shop employees and en-
ployes of the motive power department
are to be given tickets daily by the
master mechanic or chief engineer to
take them to and from their work. The
employees claimed were they to wear their
uniforms at all times the revenues of
the company would in no way be in
creased by the rule. The only effect of
the order is to compel them to wear
them and hold themselves out at all
times as public servants of the Duluth
Street Railway company,and bar them
from appearing as private citizens with
out paying for the privilege. They
alleged that in their belief the order was
made for the purpose of irritating the
men and causing them to be dissatisfied
with their work and to leave it.
Another order complained against was
one forbiding the employees from eating
lunches on the cars at any time. This
was claimed to work a hardship upon
the men who have to work long hours.
Each man is compelled to work long
day" every third day. He begins at 5:55
and works until 1886 midday. The eat
ing of lunch in the meantime the men
claim to be a necessity, and they can
only take it when the car waits over at
the end of the line. From 1886 they lay
off to 5:21 and then go on until 1880
a. M, if the rules were enforced they
would have to eat two meals in the four
hours off in the afternoon. The petit
tioners further stated that ever since
his connection with the road General
Manager Herbert Warren has made the
work of the company as hard for its
employees as possible, but that he never
at any time before attempted to pro-
mulgate such obnoxious and irritating
oders as these.
They claimed that his object was to
make them strike and quit work, either
in body or individually. They claimed
they were law-abiding citizens, but are
helpless under the tyrannical rule of Mr..
Warren, aud have no means to protect
themselves against such petty annoy
ances and unnecessary rules except by
an appeal to the court, unless they do as
they are convinced said Herbert Warren
wishes them to do and place themselves
beyond the pale of the law.
The attorney for the company attempt
ed to make it appear that the matters
complained of were of such trivial
character that they should never have
come into court, and argued that the Or
ders were misunderstood and that theydid
not mean what they said. Manager
Warren made affidavit that the orders
were not issued with the intention of
compelling the men to strike, and that
he had always worked to create good
feeling between the company and it's
employees. The company also claimed
that if the men did not appear in full
uniform the public might become i'm
bued with the idea that the company
was discriminating. In this particular
instance the company seemed to be
struck with a painful consideration for
the public's feelings. On this point
Judge Moer held that the badge
was sufficient Identification, and that
the caps need not be worn, because the
of the company have just as
much right to appear in their private
as the general manager or the
receiver. -ge@.
Few men like to hold themselves out
at all times as engaged in any one en-
ployment even though it is perfectly
honest and honorable. They like to
appear as private citizens sometimes,
not always as policemen or iremen or
motormen. He felt assured that neither
the receiver nor the general manager of
the street railway company would care
to wear uniform or anything that
would brand them as employees of the
road at all times for the sake of escap-
ing the payment of fare. They do not