The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-26
CLEARANCE CARD" CASE.
Railroad Decision That Will Be
Awaited With the Greatest Interest


Ogden, Utah. Jan. 26.-An interesting
case to railroad men was filed in the
district court at Salt Lake City today.
1t touches upon the practice Of the rail-
road companies in giving what are
known as ''clearanceS" or letters of
cause for the termination of employ
ment. The railroads. have had prac-
tice for many years of giving these let
ters to employees who quit the service
of the roads, either voluntarily or not
and it has become the custom of the
companies when man asks for en-
ployment to ask for his letter from the
road from which he has severed con-
nection. If he is an old railroad man,
it has become necessary for him to
have these letters before he can secure
employment, and it is a case where an
ex-employe claims that he was not
given a letter showing the true cause
of his dismissal from the service which
brings this matter into court. BY agree
ment between the attorneys on each
side of the case, this is to be made a
test case, to be taken to the highest
court before it is settled. and every rail-
road and every labor organization, eS-
pecially those which grow out of the
railroad service, is interested.
The title of the case is N. L. Swart-
wood VS.. the Oregon Short Line Rail
road company, and is brought by ex-
United States District Attorney w. L.
Maginnis, of Ogden. The cause is bas-
ed on an alleged implied contract, under
which employees enter upon their duties
as employees of a railroad company the
implication being drawn from the IN
derstanding generally that they are to
receive the same wage as other en-
ployeS of the company at the same
class of work; that when they have con-
cluded their term of service they are
entitled to a letter stating why their
service as employee is terminated. In
this case the plaintiff was discharged
by Superintendent Joseph Young al
4sa1x
tendent of the territory where the
plaintiff was working 1t is alleged
that the plaintiff asked for letter, and
for the true cause of his discharge 1t
is further alleged that the superintend-
ent told him that he was discharged
because of a violation of rule 1901" as
printed on the, time card, and offered
him a letter stating such as the true
cause of his dismissal from the ser
vice.
Rule 2O7 is: "Habitual use of intox-
icating drink will be considered good
cause of dismissal from the service.
Smoking is not allowed about the shops,
station buildings or about the ware
houses. Employees at station or on pas
Senger trains are prohibited from
smoking when on duty" Plaintiff
claims that rule 207 is known all over
the country, and that he can not get a
position with such a letter. He refused
to accept the letter. stating that he had
not violated that rule, and was told
that he would take that or none. He
has been unable to secure work on ac-
! count of not having a letter, and the
action of the company is tantamount to
blacklisting 1t will be Impossible for
( him to secure work for any railroad
company with or without a letter of
! this kind, and he demands of the court
! that they compel the company to issue
! to him letter stating the true cause
| of his dismissal from the service He
also demands $3.50 per month damages
from time of discharge in September,
1899.
The attorneys on both sides say that
the case will be stubbornly fought and
if it is lost by the railroad employees it
will place the companies where they
can dismiss a man from their employ
and by giving him a letter or by re-
! fusing him a letter, he will never be
able to secure employment in railroad
! work again.