Waterhouse v. Comer

Citations

• 55 F. 149
• 19 L.R.A. 403
• 1893 U.S. App. LEXIS 2538

Syllabus

<p>1. Receivers ob Railroad Companies — Difficulties with Employes — Adjustment by the Court.</p> <p>Whore the property oí a railway or other corporation is being administered by a receiver under the superintending power of a court of equity, it is competent for the court to adjust difficulties between the receiver and his employes, which, in the absence of such adjustment, would tend to injure the property and to defeat the purpose of the receivership.</p> <p>2. Same.</p> <p>It follows, then, that it is in the power of the court, In the Interest of public order and for the protection of the property under its control, to direct a suitable arrangement with its employes or officers, to provide compensation and conditions of their employment, and to avoid, if possible, an interruption of their labor and duty, which will be disastrous to the trust and injurious to the public.</p> <p>S. Commerce — Agreements to Restrain — Act July 2, 1890 — Combinations oe Employes.</p> <p>Rule 12 of an association of locomotive engineers, styled the “Brotherhood of Locomotive Engineers,” which provides “that hereafter, when an issue has been sustained by the grand chief, and carried into effect by the Brotherhood of Locomotive Engineers, it shall be recognized as a violation of obligations if a member of the Brotherhood of Locomotive Engineers who may be employed on a railroad run in connection with or adjacent to said road, to handle the property belonging to said railroad or system in any way that may benefit said company with which the Brotherhood of Locomotive Engineers are at issue, until the grievances or issues or differences of any nature or kind have been amicably settled,” — is plainly a rule or agreement in restraint of trade or commence, and violative of section 1 of the act of congress of July 2, 1890.</p> <p>4. Same — Conspiracy—Rev. St. § 5140.</p> <p>Construing several clauses of the interstate commerce law recited in the opinion with section 5440 of the Revised Statute