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A Clash of Courts Over the Right to Strike

Federal judges in the Pacific Northwest and Midwest issue conflicting rulings on whether railroad workers can organize and strike against receivership.

When the Union Pacific railroad system went into the hands of a receiver last year, the receivers immediately applied to Judge Dundy of the United States district court at Omaha to fix their own compensation at $18,000 each and to reduce the wages of employees. Judge Dundy issued orders for both, while enjoining the men from interfering with the operation of the road. Employees appealed to Judge Caldwell, who declared it was proper that employees should be heard. He maintained the right of workmen to quit, either singly or in a body, provided they did not interfere with the property or operation of the road. Conversely, Judge Jenkins of Milwaukee was asked to strike out his anti-strike orders in the Northern Pacific case, which forbade employees from combining or conspiring to quit. This pits two United States courts against one another in their interpretation of labor rights during railroad bankruptcies.

“A United States court can very readily find the means to effectually protect the property in its possession and the persons in its employ.”

— Printed in The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894
Then · 1894132 years apartNow · 2026

This 1894 debate over the rights of rail workers during corporate insolvency mirrors modern battles over the power of bankruptcy courts to override labor contracts. It highlights the long-standing tension between 'public service' infrastructure and the constitutional rights of the people who actually run it.

The original page

The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-04-14. Library of Congress, Chronicling America.

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About this story

From
The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, APR 14, 1894, Page 4
Text
Cleaned up from the page — spelling and layout repaired — not a word-for-word transcription. The page itself is above, for exact wording.
Rights
Public domain
Place
47.60323, -122.33028 · placed automatically
The paper in the Library of Congress catalog ↗