The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-30
AMONG RAILROAD MEN
The New Train Schedule for the
Oregon Short Line.
THE THIRD OF JANUARY
Time VIII Do Shortened by About Twelve
Hours-A Decision Rendered in
the Noted Blacklist
ing Case.

aethe n w.. NlsOn Oh lne
Oregon Short Line yesterday received
the new time schedule which will 60
into effect on the Short Line on the
srd OF January. By the new ard the
n~orthbound train. No. Z, will arrive
at Butte at 1:05 a. m. instead Of st
l;45 p. m. as at present. 1t will short
en- the time from Chicago and the Mis-
souri, river about IL hours. There will
be no change in the time Of the south
bound train.
The court Of appeals of Kentucky has
handed down an opinion in a noted
blacklisting case. which is of interest
to every railroad employe, and especi-
ally to a number In Montana who claim
they have been on the blacklist ever
since the A. II. ". strike, several suits
Tor damages on account of IL being how
pending in the district court in Butte.
The Kentucky opinion sustains the ac-
ton Of the lower court in refusing to
give a verdict to John Hundley. who
sued the Louisville railroad for s.. 900
damages for blacklisting him, which
he claimed prevented him from obtain
ing employment elsewhere. N plain
TIN lost his case because he failed to
show that he had sought
and had been refused employ
ment by reason of the action of the
defendant in / acklisting him, but the
higher court held hat IL such a claim
had been established the discharged
employee would have been entitled 10
damages. The following are some ex-
tracts from a decision:
"A railroad company has the right to
engage in its services whoever IL
pleases, and as a part of its rights 10
discharge any one from its service, un-
less to do so would be i'm violation of
contractual relations with the emplcye.
1t is the duty of a railroad to keep in
Its service persons who are capable Of
discharging their important duties in a
careful and skillful manner. The pub
lie interests of the company require
that none others should be employed
by 1t; its duty in this regard and it's
right to discharge an employe does not
imply the right TO be guilty of a VIC
lent or malicious act. which results in
an injury to the discharged employees
calling. The company has a right to
keep a record of the causes for which IL
discharged an employe, but in the ex-
ercise of this right the duty is imposed
to make a truthful statement of the
cause of the discharge. II.
by an arrangement among the
s@aaA VI nv Aohll-
try "a record is to be kept by
them of the causes Of the discharge OF
their employees, and when they are dis
charged for certain causes, the others
will not employ them, il becomes inn
portant that the record kept should
contain a true statement of the cause
of the employees discharge. A false en-
try on the record ma utterly destroy
and prevent him from making a liveli-
hood at his chosen business. Such false
entry may be regarded as intended to
inture the discharged employe. there
fore a malicious act. II IL is the cus-
tom of the railroads of the country to
keep such record and that employees
discharged for certain causes are not
to be employed by them, then il enters
into and forms part Of every contract
of employment that neither a false en-
try h be made nor one so made
communicated directly or indirectly to
any other railroad company. Suppose
IL was the custom of the railroads that
when an employe was discharged with
out cause to give him such a card Of
statement to that effect, and IL he did
not have such a card or statement he
could not get employment with other
railroad companies. then that custom
would enter into every contract of en-
ployment; and IL a company wrongful
ly refused to give IL to the discharged
employe. and in consequence of which
refusal he was injured. a cause of ac-
tion would be for damages sustained.
The PLAINTIFF does not seek to recov-
err because he was discharged in vio-
lation of a contract which he had with
the defendant: he does not allege That
he had a contract with IL to perform
for II for a given length OF
time. He seeks to recover damages for
its alleged wrongful act in making the
false entry upon its record against him.
to prevent him from pursuing his call
ing by rendering IL impossible for him
to get employment from other railroad
THE petition does not state a cause
of action against the defendant. The
averments that he had been deprived OF
the right to again Engage in the en-
ployment of other railroad companies.
and that the alleged wrongful act had
made II impossible for him to ever
again get employment with other rail-
road companies. are mere conclusions
of the pleader from the facts alleged.
II should have been averred that he had
and been refused employment
by reason OF the alleged wrongful act.
An agreement made with other railroad
not to employ defendants
employees does not inture the
plaintiff unless carried out. An aver
that the defendant conspired and
with other railroad compa-
mics to do an act. IL unlawful, would
not obviate the necessity of making
the averment that he had sought and
been refused employment by reason of
the alleged wrongful act. Injury is the
gist of the action. The liability is dam
ages for doing. not for conspiracy. The
charge of conspiracy does not change
the nature of the act.
In an action for damages there must
some overt act consequent upon the
to do a wrong to give the
a standing in a court of law
The United States Investor insists
that the following syndicate has closed
he deal for the purchase OF the Chi
cago & Alton property; Kuhn. Loeb &
Co.. Hartman * CO.. Cuyler. Morgan
& Co, John ID. Rockefeller. Chase Ma
bank. First National bank. all Of
New York; Hambleton & Co. of Balti-
more n Norman Il. Ream OF Chica-
go. II Is claimed. also. that nc one rcil-