The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-27
Engineer 9etchell Brings q Suit
for $4,000.
HE COULD NOT GET WORK
He Asserts in His Complaint That the
Northern Pacific Blacklisted Him
for Participation in the
A. r. u. Strike.

ing employment. was the cause of a
suit for $50. 900 damages brought in the
district court yesterday by T.. r. Getch-
ell, a locomotive engineer, against the
Northern Pacific Railway company.
The case is an outgrowth of the great
A. r.. L. strike of 1894. The complaint
In the case alleges that Getchell is a
citizen of the state of Montana and
was such on July is. 1894. and hat he
was by occupation a skilled railroad
man. and by reason of his Ions expe-
rience, skill inc good habits. was and
rs a safe and competent railroad oper-
ator and well qualified to follow the
lucrative calling of locomotive engi-
neer. The plaintiff entered the service
of the Chicago, Milwaukee q st. Paul
Railway company as locomotive engi-
neer in the year 1887. On June is. 1890.
he entered the service of the defendant
as locomotive engineer on the Cascade
division and was transferred to the
Montana division Sept. is, 1890, in
which service he continued until July
10. 1894. and such employment was a
lucrative n profitable one. which
plaintiff, by reason of his long expe-
rience and by reason of the qualifica-
tons he possessed. he had reason and
cause to believe would continue to be
n of great gain and profit to him.
On or about May %. 1894. while act
lively engaged doing service for the de-
ndant as engineer. the plaintiff was
injured. his back being badly strained.
which necessitated his being confined
to his bed and under medical care from
May %. 1894. until July IL. 1894, and on
the 18th and 18th days of July he re-
ported to the proper servant of the de-
at the proper place for work,
on which latter late III was dis
charged as an employe of the defend
ant company.
On are about Jun IS, 1894, there was
inaugurated what is known as the
American Railway union strike of 1891.
which strike ended about Aug. 6 of that
year. Prior to the last mentioned date.
as plaintiff Is informed and verify be-
lieves. the defendant entered into a
conspiracy. agreement and understand
Ing with all the other railway COM
panies of the United States, that they
would furnish each to the other infor-
nation as to all their employees who
had committed offenses or who were
charged with having committed Of
lenses, and also as to all of their en-
ployes of any n all such railway
companies who had left their service
during the strike of 1894, and that such
employees of any and all of aid rail-
"og So toIlSDlflHg dnO
agreeing. would not be employed by
any of said railway companies without
a release and consent from the railway
companies by which any of such en-
ployes were last employed, the release
and consent being called by railroad
men IA clearance" The agreement and
conspiracy entered into. as plaintiff Is
informed and verify believes, was a
conspiracy and agreement to blacklist
and hnVentt snnh arnpInvaG fha nhyanf
and purpose of which conspiracy was
to maliciously and wrongfully interfere
with such employees who had so pre-
viously terminated their employment
with. or been discharged from the en-
ployment of either of said railway com
panies so conspiring and agreeing.
After such discharge of the plaintiff
from the employment of the defendant
on July Is, 1894. he made application
to the company for a release and con-
sent, IA clearance" so that he might
secure employment AZ locomotive en-
gineer with other or different railway
companies. and on April is. 1895. he re-
ceived h purported to be a clear
ance. reading as follows:
Northern Pacific Railroad Company,
Thomas +. Cakes. Henry G.. Payne.
Henry G. Rouse. Receivers-Ofice Su-
perintendent Motive Power. Machinery
and Rolling Stock, John Hickey. super
.intendent NJ. p. NJ. a. X. s, st. Paul.
Mimi, April l6, 1895. To Whom II MAY
Concern: This is to certify that the
bearer. Mr.. r. r. Getchell. entered the
service. machinery department. of the
Northern Pacific railroad. as locomo
tive engineer. Cascade division. June
16. 1890. and was transferred to the
Montana division Sept. Is. 1890. His
services. mp TO June %. 1894. when he
resigned of his own accord, were salts
factory. This certificate is given him
as a means of Identification. and to aid
him. If possible, i'm securing employ
ment. which will better his condition.
Yours truly. John Hickey. Supt. NJ. p.
NJ. & r. s."
Upon the receipt of such clearance"
the plaintiff sought employment with
many of the railway companies of the
United States. and In so doing pre-
scented To them for their inspection. the
original clearance. and was by all of
such railway companies speedily and
Immediately refused employment for
the reason, as the plaintiff Is informed
and believes. that such clearance show
Ing June %. 1894" as the date Of thu
plaintiffs resignation from the employ.
ment Of the defendant, caused othe'
companies to believe that he quit tn,
employ Of the Northern Pacific on ac-
count of the strike and was a striker
of 1894. The clearance" as set forth
is false and inaccurate in so far as n
~recites that the plaintiff resigned on
June %.
Upon the discovery hat the pretend
ed clearance was the means used h.
the defendant Of informing those rail
way companies to whom IL was pre-
scented that the plaintiff was a striker
OF 1894 and that IL was the means of
defeating the plaintiff in securing en-
ployment. and at divers times after
wards the plaintiff requested n de
fendant to Civ him a clearance which
would truthfully recite the facts In
reference to his discharge from his en-
ployment with the defendant, and ir
particular as to the date OF his dis
charge, witch request the defendant
has al all times neglected and refused
to con- ply with or grant.
The rlairtif is informed and believes
that the cor spiracy and agreement en-
tered into by ~ the railway companies
Of the United states included the Butte
Anaconda 4 Pacific. After the plain
tiff was discharged from the service
IF the Northern Pacific, and after tho