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RAILROAD MAN HAS RICHTS Like Any Other Individual He Can Belong to Labor Organizations, LETTER OF ATTORNEY GENERAL CLNEY Addresses Jndge Dallas 1o Regard to the | 1 osltion of the Recelver of the Read- ing Rallroad the Traln- men's Brotherhood, THILADELPHIA, Nov. 8.—The controversy | betwsen the receivers of the Reading Rall- road company and such employes as are mem- bers of the Brotherhood of Raflroad Trainmen | has prompted an expression of opinion by | Altciney G ral Olney in the form of a let- ter to Judge Dallas of the United States eir cuit court, before whom the case is pending. | The difficulty between the two organizations weached a crisis on August 15 last, when Gen- eral Superintendent Sweigard summoned be- fore him eleven employes and notified them they should abandon the brotherhood as a condition of refaining their with the | railroad protests were made ag and the broth- erhood trged to withdraw It but in answer the r September 17, wrote: “The policy of this company is well | known to be that it will not consent that per- ®ons In its shall alleglance to other or:anizations which may make ciaims upon them which are incompatible with their | dutles to their employers, This position was taken advisedly, and we have no Intention of departing from it.” Attorney General Olney's letter Is an ox- | haustive discussion of the questions pre- sented, and he reviews the various problems and the consistent solutions to be applied in | places pany. Vigorous st this alternative the receivers ceivers, on service owe ery acpect. In substance he holds that labor unorganized is tically powerless; | that in combinations such as this lies the | only safeguard of the workingman in his dealings with organized capital; and that his Tight to belong to such a union—beneficlal in dntent and purposes—is a legal right which he cannot be deprived of. The letter Is as 20 lows: OLNEY SAYS NO. The pendency of this petition having been dncidentally brought to my attention, the dssues rased Improssed me as of great grav- ity and Importance, not on between the piitles immediately concerned, but as re- &ards the country at large. In that view— n which 1 could not doubt the court would share—it seemed to me that the vourt would mot object to a brief discussion of the c: from a public point merely and uninfluenced by the wishes and interests of the particular ditigants before you. “Upon this suggestion being made to the ourt it was at once cordially assented to. The considerations following, therefore, are submitted by me as a amicus curiae merely, and by cxpress leave of the court. “The material facts may be briefly stated, The petitioners are members of the Brotherhood of Raflway Trainmen. Some of them have been members for seven or elght years—have each year paid annual dues and assessments, which now amount to consid erable sums of money—and by continuing their membership will, In case of death or permanent disability, become entitled by themselves or their representatives to large pecuniary payments from the funds of the brotherhood. And, by ceasing to be mem- bers, they lose all benefit from the assess- ments and dues already paid and forfeit all «<'aims upon the brotherhood treasury. The constitution and rules of the brotherhood and of the subordinate lodges are before the court, a part of the petition. No contro- ‘versy or antagonism has ever arisen or ex- isted between the Reading railroad and the brotherhood and any of its lodges, or the Reading road and any members as such members. “As ‘It s claimed the Reading railroad has for some years adopted the rule that it would not have in its service any member of a labor organization, it is a rule which has not been uniformly or invariably acted upon, atnce there has been a Philadeiphia lodge of tho brotherhood of the Reading line for nearly elght years, and its existence cannot have been unknown to the Reading officials. What has now happened and what has led to tho present petition is this: The Reading officors have notified the members of the brotherhood on its lines that unless they <oase to be such members they will be dis- charged from their present employment on or before October 8. The receivers make no complaint of the manner in which the brotherhood employes discharge their respec- tive duties. The notice has been given sim- ply because of such employes membership of tho brotherhood, as is conclusively shown by the following telegram received by Grand Master Wilkinson in reply to his remon- strance against the course proposed to be taken: SUIT ONE OR THE OTHER. “ “Tho policy of this company is well known €0 be that it will not consent that persons in its service shall owe allegiance to other or- ganizations which may make claims upon them which are incompatible with thelr dutles to thelr employers. This position was taken advisedly, and we have no iutention of departing from it. “ ‘JOSEPH H. HARRIS, “ ‘President and Reveiver.' “Thus, if the receivers are right and their rule is fo prevail, membership of the hroth- erhood by and of itself incapacitates for services on the road. It is respectfully sub- mitted that the receivers are wrong, and that the action proposed by them ought not Lo be sanctioned by the court. “It will take heip to cise question before the court to note the opening words of the telegram just quoted: “The policy of the company is well known to be,’ etc., ete. Mr. Harris, who signs the telegram, both as president and receiver, ev- idently forgets the company is no longer in control—that it can have no present policy on the subject, and that what its past policy was is of slight consequence. The Reading railroad, . being now in the hands of the re- celvers. the receivers and employes of the company are officers of the court. The court therefore, and not the company, is the em- ployer of all the persons engaged in the op- eration of the road. The present policy of the ocourt, and not the past policy of the company, is the material thing to be con- sidered, and hence the precise question fs, will the court now lay down the rule that members of the Brotherhood of Trainmen shall, because they are such members, be discharged from the service of the road? 'he court, it is admitted, ought not and cannot lay down any such rule, on the ground that until either the purposes and objects of the brotherhood, or the meuus by which they are o be attained, are shown to be tllegal. OBJECTS OF THE ORDER. “The general purposes of the brotherhood are stated {n the preamblo to the constitution a8 follows: « ‘To unite the railroad train- ; to promote their general welfare and advance their Interests, soclally and intel- lectuall: to protect their familles by the exercise of a systematic benevolence soclety, needful In a calling so hazardous as ours, this fraternity has been organized. * ‘Persuaded that It is for the interests both of our members and their employers that a good understanding should at all times exist between the two, it will be the constant en- deavor of this organization to establish mutual confidence and create and maintain harmonious relations.’ “Such are the alms and purposes of the Brotherhood of Rallway Trainmen. Cer- tainly these objects must be regarded as laudablo in the highest degree and as de- serving the approbation and support of every good citizen. These aro indeed practically the swme as those for which the working people are expressly authorized to incorpor- Ate themselves by act of congress—the statu- tory description of such objects belng ‘for the purpose of alding its members to become more skillful and efficient workers, the pro- motion of thelr general intelligenco, the eolovation of thelr oharacter, the regulation of thelr wages and their hours and condi- tions of labor, the protection of their indi- vidual rights in the prosecution of their trade or trades, the raising of funds for tho benefit of dead, disabled or unomployed mem- bors or the families of deceased members, or for such other object or objects for which working people may lawtully combine, having in view thelr mutual protection or benefit.' “It the means Lo these praiseworthy ends be now examined there s nothing in them to methods as well as its objects until the con- | trary 1s shown the court will hold the thing termed | strike, it | elements | | intimidating, violence, the creation of a pub- | | proposition that unlawful, since it is emphatically sustained by the recent decision of the court of appeals |in the Farmers Loan and Trust company versus the Northern Pacific Rallw com- any Just decided in Chicago, and it is hardly necessary to point out that the attending | business policy dictates. which the most captiows critlc can object, except the provisions made for strikes. It 18 well to note that even these provisions are of an eminently conservative character— that groat care Is taken to guard against | the abuse of A weapon which 18 & two-edged sword and generally proves as damaging to | those who use it as to those against whom it 18 used. PROVISIONS FOR STRIKING ““Thus, by the brotherhood constitution and rules, a’ strike does not take effect till ap- proved, first, by the local grievance com- mittee; second, by the gereral grievance com mittee; third, by a board of adjustment; and fourth, by the grand master, with the consent | of two-thirds of the members involved, while striking or ineiting to etrike except In a cordance with the above rules is punished by expulsion from the brotherhood “'Nevertheless, among the means of accom- plishing the ends of the brotherhood Is the bringing about of a strike. As to what a ‘strike’ consists of is not defined by the brotherhood constitution and rules; its pre- clse nature must be determined by the court, And as the brotherhood is entitled to the | ordinary presumption of lawfulness for its | ‘strike’ in the brotherhood constitu- | d rules to be something lawful, unle iere cannot be such a thing as a lawful ‘strike.” ‘‘But whatever may be the customary or probable incidents or accompaniments of a | cannot be ruled that there s no thing as a legal strike, that every must be unlawful. The mecessary of a strike are only thre (1), the quitting of work; (2), by concert by two or more; (3), simultaneously—and In and of | themeselves they involve no taint of ille ality “A strike becomes illegal when to these necessary features are added others, such as a malicious intent followed by actual injury, | such strike lic nul-ance or a breach of the peace of any sort STRIKE NOT NECESSARILY ILLEGAL. ‘But 1t Is unnecessary to elaborate the a strike 1s not nece arily circumstances which often make strikes un- lawful are none of them provided for by the brotherhood constitution and rules and cannot therefore be assumed to be nec dents of any strike occurring pursuant to them, “If a rule that a brotherhood of the train- men shall not work on the Reading railroad cannot be justified because of anything in- herently unlawful in the constitution and rules of the brotherhood, the only remaining ground on which it can’ be defended is that of business expediency. It is conceivable, though the spectacle would be a curious one, that a court of the United States may on business grounds refuse employment to persons for no other reason than their mem- bership in an assoclation whose purposes the laws of the United States expressly sanction. But it is safe to say the consideration of business policy impelling the court suggested should be of the clearest and most cogent character and that the question presented is one which the court will recognize as of thes greatest interest and importance. In considering the question of the business ex- pediency of the employment of the brother- hood men such objection as there is to it must arise from the fact that under its con- stitution and rules the employes may engage in a strike with all the nataral and possible incidents and consequefices. It can hardly be denied that otherwise the brotherhood organi- zation is not objectionable, but is salutary in its operation, both as’regards the employes and the employers. UNORGANIZED LABOR MAY STRIKE. “It should be remembered, in the first place, the risks of a strike are not obviated by ex- cluding the members of the brotherhood from the recelvers' service. Men, deeming them- selves aggrieved and seeking relief or re- dress, though not associated in any formal way or for any general purposes, may easily unite for the single purpose of a strike. In that view the brotherhood constitution and rules may be well regarded as operating in restraint ot strikes. By compelling the question of strike or no strike to be acted upon affirmatively by four or five different and Independent tribunals they certainly tend to prohibit a strike that is rash or reck- less, or for other than weighty cause. While, therefore, under the circumstances of the pres- ent case the possible evidence of a strike would seem to be minimized, it should not be forgotten in the second place that the re- ceivers propose a remedy, towlt: A rule excluding or discharging from service any and all members of the brotherhood is itself open to serious objections and disadvantages, When treatment so apparently unfair and discriminating is administered through the instrumentality of a court the resulting dis- content and resentment of employes are in- evitably intensificd, because the law itself seems to have got wrong and in some manner to have taken sides against them. Thus the mischiefs apprehended from membership in the brotherhood by the receivers' employes lie wholly In the future and are as small as is possible in the nature of things, while the mischiefs to arise from enforcing the recely- ers' proposed rule are real and immediate, Whether, and how far this may be regarded as offsetting another need not be discussed. COURT CAN HARDLY HESITATE. “The rejection of the proposed rule may rea- sonably be expected to be attended with such substantial advantages that the court can hardly hesitate as to the course which sound Not the least of such advantages is the avoidance of the in vidiousness of the illegal position that a man shall go without work unless he will give up a legal right; a right he may properly deem essentfal to his safety and welfare. No better mode for the settlement of con- tests botween capital and labor has yet been devised or tried than arbitration, and arbitra- tion as a mode of settling difficulties between capital and labor must necessarily be applied in the course of the recelvership, and arbi tration in its best and most effective form. The court, by appointing receivers, consti- tutes itself not only an employer of labor, but the arbitrator of all disputes between it and the receivers, who may justly be regarded as representatives of capital. It occupies the dual capacity of employer and arbitrator naturally and inovitably. It is an arbitrator whose wisdom and impartiality are, certainly should be, and must be assumed to be, beyond suspicion. ““An arbitrator is one with whom both parties have reason to be satisfled, both from its character and its ability to make its award effective, and might well be expected to furnish an example should outcomes per- mit or require a conspicuous object lesson illustrative of the value of the arbitration principle. “In short, the question belng whether busi- ness policy requires the court to approve the rule that a member of the Brotherhood of Railroad Trainmen is ipso facto ineligible as an employe of the receivers of the Reading railroad and an officer of the court, the con clusive considerations may be summed up as follows: VALUE OF THE RULE. “(1) The rule is of doubtful value as a pre- ventative of strikes, because it leaves em- ployes to act upon impulse and from passion and freed from the restraints of the brother. hood regulations. *(2) The rule is of doubttul value when the court s the real employer, both from the reluctance of the employed to defy the | court's authority and from the power of the latter to speedily and summarily vindicate it “(3) The rule Is of positively injurious tend ency in the disaffection and discontent en- gendered among the employes by the denlal to them of rights eojoyed by citizens gen- erally and deemed necessary for their secur- ity and comfort *(4) The repudiation of the rule, on the other hand, has the positive merit of tending to | secure for the service the good will of em- | ployes, and thus promoting its efficiency; of recognizing the real conditions of the capital | and labor problem and the fact that labor both has the right to organize and Is organized; of fllustratiog the working under the most favorable auspices of the principle of arbi- tration as the means of adjusting the differ- ences betweeu capital and labor; of demon strating that there is not one w for one lass of the community and another for an- | other, but the same for all, and thus tending to preserve for the law and for the judiciary by which it is admivistered that general re spect and confidence which have always been a marked characteristio as well as excellence | of our lnstitutions. “RICHARD OLNEY." Oregon Kiduey Tea cures all kidney troy bles. Trial size, 25 cents. All druggists, FIVE $15 FIVE FIVE FIVE FIVE FIVE FIVE AR AT e For business reasons We offer our entire stock of $18 and some $20 Suits and Overcoats for $5.00— | Your choice of all the single and double breasted kersey Over- coats—silk and Farmers' satin lined worth up to $20, go at $5 LOTITOTEOWIR W cvh st e nes Your choice of any of the Cassi- mere or Cheviot suits in four pat- terns, single or double breasted, worth all the way from $15 to $20 TORIBOV0 0L aRw dos 3 therieics vison i FEEL OF THEM, LOOK AT THEM IN THE WINDOW. MONEY AND WINE TO JURORS Sample of Deliberative Methods of Wood- bury County Justice. LRIBING ON A MOST EXTENSIVE SCALE Verdict Was Fiought by Walter Strange iu | & Sult for Thirty Thousand Dollars Brought by Arthur Khys Two Years Ago. SIOUX CITY, Ia., . 8.—(Special Tele- gram.)—A startling sensation came to light in the district court here. About two years | ago a young Englishman named Arthur Rhys | sued Walter Strange for $30,000 he| claimed to have advanced for use in building the Central stock yards and which ho claimed was misappropriated by Strange. The jury returned a verdict for Strange. Now Rhys asks for a new trial on the ground that Strange bribed the jury. Pater Madison, an ex-policeman, who was on the jury, went on the stand and testified that during the trial of the first case Frank M- Near, another juryman in the case, came to him and told him that Strange had supplied him with money to secure a verdict for him and that McNear at every intermission in the case brought all the jurymen liquors and continually talked to them about what a good fellow Strange was. Finally he ad- mitted that McNear and Strange drove to | his brother's saloon one night during the | progress of the trial and there paid him $50 to use his influence to secure a verdict for Strange. McNear owned the -corn and ad- mitted on the stand that he, too, was paid to vote for a Strange verdict in the jury room and was supplied with money by Strange to use In Influencing the other Jurors, Michael Dolan, another juror, testified that during the trial Strange offered to get him a customer for a piece of land if he would vote for a verdict for him in the jury room. He said he did not get the customer for the land, but that Strange bought his daughter a piano and paid his expenses on a trip to visit relatives in Boston. The at- torneys for Rhys claim they will prove other jurors wcre bribed today. No arrests have been made yet, but they are expected at any moment. SAVED FROM A MOB, lowa Peddler Bound Over at for Assaalting a Womar CEDAR RAPIDS, Ia, Nov. 8. Telegram.)—Joseph Musselph, the peddler who assaulted Mrs. Minnie near Hopkinton because she to buy | his goods, and who narrowly escaped lynch- | ing, has been held to the grand jury in the | sum of §1,000, and will be tried at the next term of court at Manchester. The woman's injuries are quite serious. lan Dufoud Violated the Pensl Aws. DES MOINES, Nov. 8.—(Special Telegram.) In the federal court today A. L. Wrignt | and 8. C. Dunkle were fined $1,600 each and A. 8. Gockley $1,000 for violation of the | pension In They are all physiclans from Carroll county, and previous to a year age e members of the pension examining we boar trict in which Carroll county | 18 loc They were Indicted on five | counts, and in pleading guilty made the | atat=mént U at they viclalcd the law without | f udulent or evil Intent. In the ofessional work they permitted one mem- Per to o the work and 'all drew foes there: | for and without being conscious of the fact | certified that all were present at the ex- aminations. In this way about 1,200 illegns fees were drawn, which were refunded, in addition to the fines. hurry of | clul + ongress Delegntes. MOINES, Nov. 8.—(8p-cial Telegram.) rmor Jackson today appointed the fol « DE —Govi lowing delegates to the transmississippi commercial congress, to be held at 8t. Louis November 25, lasting four days: Thomas | Arthur, Logan; 8. F. Smith, Davenport; Louls Harbach, Des Moines: W. H Bow- | man, Waverl Ibert He I3l Molnes; Delle €. Huntoon, Dubug H,_C. Hull | Williamsi i Witliam_G. Kent, Fort Mad- |¢ tson; A Erwin, Sloux City; Willlam Groneweg, Council Bluffs; Charles L. Gl christ, Des Moines; Carl it hule, Den- ison; Ira J. Alder, Towa City; Calvin Mag- alog, Ottumwa. Other delegates may b | The work of Dr. | and wrote a paper which furnished fust the |arrived at Port Adaldga, Azores, | president of the Brdoklyn Tabernacle board | nacle congregatiof ‘and of | be dificult if appointed by mayors of business organizatio: N E— NS ARE SHEEWD. large cities nnd: GER Dr. Billings Has Already Committed Him- self on the Texas Fever Question. WASHINGTON, Nov 8.—Agricultural de- partment officials who are watching the pro- gress of negotiations between Germany and the United States over the question of ex- cluding American cattle incline to the be- llef that by her latest move the European power has prepared for a clever stroke of diplomacy. The announcement from semi- official sources that the German government had agreed to leave the crucial point of dis- pute—whether or not Texas fever could be communicated to other cattle by the im- portation of American stock—to the prepon- derance of expert opinion seemed on its face a material concession to the United States. It might have been accepted as such but for the qualifying statement that their chief au- thority would be Frank Billings of Nebraska. | Billings is well known at the department. He was formerly connected with the state agricultural experiment sta- tion of Nebraska, and other labors which he conducted and which brought his name be- fore the public were experiments upon swine in furtherance of an inoculation theory that the sclentific men of the department smiled at. Mr. Billings Is a democrat, and at the beginning of this administration was a can- didate, but an unsuccessful one, for the posi- tion held by Dr. D. E. Salmon, chief of the bureau of animal industry. A thorough investigation of the propagation | of Texas fever, conducted by the bureau of animal industry before the present compli- cation with Germany had arisen, led to con- clusions which preclude the belief that the germ could be spread abroad by the ex- portation of morthern cattle. Dr. Billings, however, antagonized Dr. Salmon's verdict authority the mans would doubtless de- sire. Officials say that it is evident that Ger- many has secured the writings of Dr. Bil- lings on the subject, hence its avowed in- tention to rest its case upon his opinion. Bureau sclentists assert that Dr. Billings has strongly antagonized the department’s work recently and think he may be aiding the Germans in this matter Answors Have Heon Few. WASHINGTON, Nov. 8.—The statisticlan of the United States Department of Agri- culture states that owing to the compara- tively small number of returns as yet re- celved in answer to the special circular in regard to the foeding of wheat to stock the department will not make a statement as to the same on the 10th, nor until more ex- tensive returns are recelved ovements in the Navy. ON, Nov, 8.—The Detroit has enroute to WASHING China. The Montgdmery has arrived at ewport to take aboard her torpedoes. The lphin and Niva have arrived at New London to take the Ericsson toda, part.dn trial of the —— TALMAGE WilL NOT REBUILD. Hard Times Taken Into Consideration—His Future Doubtfal. BROOKLYN, Noy,. 8.—Leonard Moody, of trustees, called 'on Dr. Talmage and dis- cussed with him the future of the Taber- Dr. Talmage's | pastorate. To a peporter Mr. Moody said “I strongly advised Dr,’Talmage against re- building the Tabernagle. 1 told him that in the face of the present hard times it would not fmpossible to raise the uecessary money and. he agreed with me. Dr. T. De Witt Talmage has written a let- ter to the elders of the church tendering his resignation, The following is a copy of the letter: BROOKLYN, » 1891.—To the sesslon of the Brooklyh Tab, le: Dear Brethren ~1 hereby ask you to join with me in a re- uest to the Brooklyn presbytery that they dI3eCive the. pastorl ToIntion Bow elsting The cong gation of the Brooklyn Taberna- ¢ have built three during my pustorate churches, which have been destroyed. It 1s not right that'l should call on them | la to bulld & fourth church during my min istry. 1 adviee that you do one of two | ht either call & new pastor, under whose teadership u new remain in ory serti church might be built ation until you can give | ates of membership to our people, 8o | they may lu the usual form join sister hurches. As for myself, 1 will, as Provi dence may direct, either take another pas- torate or go into general evangelistic work, 189 The M. H. Cook Clothing Co., Suceessors to Columbia Clothing Co., 13th and Farnam Streets. S el R TR e preaching the gospel to all people without mo fo and without pri ur ever-increasing e. ndne Thanking you to me and mine, and hoping to be reassociated with you in the heavenly world, together with the multitudes with wiom' we have wor- shipped during the last twenty-five years, 1 am, yours in the g to_request solve the pel, T. DE WITT TALMAGE. The session, according to a friend of the preacher, met Talmage last night and agreed relation: 8 the Brooklyn presbytery to dis- pastoral now existing. This is a practical acceptance of the resigna- tion. ottt BISHOP ANL o and Chaplai IRE in Cabe Nave a Lively Little Word Scrimmage. BROOKI, N, Nov. .—The second day's ession of the Methodist missionary confer- ence was held son Place Methodist Epis op J. T. Newman presiding. had been offered Bishop I w York moved that 2% per the home sions, Chapl, said Bishop And posed all his plan hop. “Show Chaplain McCabe the 1 you." this afte pa noon at the Han- 1 church, Bish- After prayers C. Andrews of McCabe spok nt be the ken g next and ably op- shouted vhere I have opposed replied that he had not kept a memorandum, but intimated that he would keep one fc bishop's education western front sald needs sadly man ¢ the sglected, An u‘[l}vrflprltlllnn of and 45 for fc cided upon, atten Bishop tion of §: donatic his Taylc 0 for S beside xpenditures been called upon by the cc he Methodist Sq et to the m the Hotel St. lowed by a recej XTiA Rev. n of the offi e At this pof 5N miss Dr who ree a library es, had f in led upon Chaplain Mc ities and to keep to the question of ved an appropri and large private uture use, regarding He the r missions had been Bishop New- abe to drop per cent for home ons was finally de- Leonar s to called fact the that - the ade no report of since 188, although he had ieorge tonig ption, MARK fal union gave a b s of the confere ht. P ——— rence to do - e at s fol- It w G AL Any Pecullarity of Marking Renders the Australian Ballot 11 LANSING, M court today ha ich., ne down Nov. 8. &l The supreme the most im. portant decision affecting the present meth- od of voting that has ever been made. of what the question tinguishing mari is prohibited by holds that any mark whates the single one appropriate to ¢ Intention of the voter is a_distingu The case was brought in the c mark. k' on a b: law, the ¢ testing of the rights to off On s~ t, which mark ftuted a lo urt unanimously other gnate than the ing - e of two local candidates at Bay City, who were ostensi- bly selected at a spri a half ago. from office. be far-reaching. The court By to mark a croi each na ing a cross befo and then erasing the d holds that if an official ballot are identical that th ing of a cross over S oV the name on another ticket is illegal, the opinion holds that a single n vote and s sufficient to indicate ction a year and ision both are ousted The results of this de on will wo tickets on ma:k- h is illegal; also that any ticket' and then ne on such ticket, or pla the name f a'candidave his opp In subst the voter's intention, and that a second mark might be agreed upon as It has been the tem may, It is et Atte WHEBELINC known parties bef ‘© the peo fires extinguished Miller & Co.'s store and the a me practic belleved, be pt to Bur rallan voting sys- A ns of identification. of election inspec- tors to count all such double marked ballots 80 that under this decision any of the elec tions held under the Au: ntested, a Town, W. 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