United labor bulletin., 1909-10-29
BY c. A. Irwin.

In the year 1890 a fireman on the Den
yer & Rio Grande railroad was working
on an engine which was attached to a
passenger train. Ahead of the passenger
train was freight train which took the
sidetrack to allow the passenger train to
go by. The brakeman on the front end
of the freight train had opened the
switch. 1t was the duty of the rear brake
man to close it, but he was asleep in the
caboose, and the switch was left open.
The red light which signified danger had
been left at a station for repairs several
days before, hence the approaching pas
senger train received no signal to stop.
The rules of the company provide;
Conductors will be held responsible for
the proper adjustment of switches used
by them and their trainmen except
where switch tenders are stationed"
The conductor on the freight train hav-
ing been overworked was also nearly
asleep and forgot the open switch. The
passenger engine was derailed by the
and the fireman killed.
The widow brought an action for dam
ages against the railroad company in
the District court of Denver and recov-
cred verdict. The case was appealed.
Finally. after six long, weary years, and
after paying out large sums of money,
which she could ill afford, for exorbitant
docket fees and costs, the Supreme court
of Colorado decided that the case should
be reversed and dismissed because the
sleeping brakeman and the half-sleeping
conductor We're fellow servants" with
the deceased fireman.
What a travesty on Justice, The fel-
| ilization OF the age The railroad COM
pany was a corporation and must, there
fore, act through agents and employees.
1t cannot act otherwise. 1t has no per-
sonality. 1t has neither body nor soul.
If it operates its road at all it must be
done through the agency of human en-
ployes. II was the employees in charge
of the freight train whose negligence
killed the plaintiffs husband If they
did not represent the company the train
I they were running was being operated
without any responsible agent of the
company in charge. Such a doctrine is
monstrous.
! Those employees were rendered unfit TO
tcarefully discharge their duties because
OF the long continued service required of
them. That they should sometimes fall
asleep was to be expected. The officers
of the company knew of these things;
the fireman did not. Without fault or
blame, he lost his life. Although entire
/ ly to blame the company lost nothing.
Another fireman was hired and the bust
ness OF the railroad went on as though
nothing had happened
! Human life is so cheap and property
is so dear, In the business of operating
railroads. if locomotive is destroyed
the company must buy another. Loco
motives are expensive, men can be had
! for the asking. If man is destroyed
they get another for nothing, and con
slider it rank impertinence that they
should be asked to pay anything toward
the support of the widow and orphan.
| What think you. became of the widow
and children? Lawmakers and courts
pay little attention TO the ultimate re-
for granted that they should be left to
take the downward course to poverty,
vice and degradation.
Society, through corporation-made
laws, takes the bread from out the
mouths of children and the clothes from
off hai uh nf
number driven to desperation by cold
and hunger, violates the law of the land
that he and those he loves may live, the
well-fed and well-clothed members of so
ciety who have never felt the pinch oil
cold and the gnawing of hunger. are hor-
riied that the children Of the poor are
so depraved
Let us shift the scene to the criminal
courts a few years after the incidents
above described. 1t is 4 cold winter
day small boy has stolen a lump of
coal from the railroad yards to build a
fire in the miserable hovel where his in
valid mother is slowly dying. The COM
pany spies arrest him and ne is brought
before the same court to which his
mother had. years before. vainly appeal
ed for redress for the slaughter of her
husband To the usual question, Are
you guilty or not guilty." the boy an
swers in tremulous tones: Yes. jedge.
| took it," He then bursts into tears
and cries as If his little heart would
break. murmuring audibly. as so often
happens with griefstrieken children who
think and feel aloud But ma was so
cold" The bailiff pompously orders him
to keep quiet and listen to the court. He
tries to listen, but realizes little OF what
is going on. The Judge severely lectures
him on the scriptural commandment
Thou shalt not steal" but he does not