The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-03-30
SEyLAE On SlAiAEnn.
uNoLE SAM As a RAILRoADER.
Decision of a Federal Judge in the Case
of TWO Striking Wabash Employees
--,tRequests" Adjudged as
Equivalent to Threats.


ST.. Louis, March 23,-[correSpond-
ence. Following is tho decision In the
case of Doolittle and Schaubacher, the
strikers who we're arrested by tbs
United states authorities for Interior
ring with the property OF the wabash,
st. Louis & Pacific railway during the
late trouble between the company and |
its employees. The trial was held before
the United States circuit court, east.
ern district of Missouri, March Is, 1885:
RECEIVERS - INTERFERENCE WITH |
PROPERTY BY sTRIISERS-CoNTEMPT.
Where the employees of railroad |
company, whose property is not in the
custody Of this court, by concert of &C
ton quit work and take possession of
and obstruct the NOV lnenb of all en-
gines and cars on the tracks of said
company, and th0rehy take possession
oil or obstruct the operation OF engines
OF cars in tho custody Of receivers Of
this court, it is the right and duty of tho
court to punish such unlawful acts as
contempts Of the authority and dignity.
CONTINUED - DISTINCTION BETWEEN
LAWFUL AND UNLAWFUL PURPOSE or
PARTIES INTERPRETING.
III q party engaged in lawful under
taking unintentiOnally interl8res with
or ObStructs the officers of this court In
the discharge OF their duties, the court
Is not tenaei0us OF any mere preroga-
tive, but It is otherwise, where parties
while engaged in al unlawful net, OBJ
struct the officers OF this court, although
intending no contempt.
CoETINUED-DUTYo OF STRIKERS 70 AP.
PLY no COURT.
This court Is open to hoar any Just
ground Of complaint against the re.
ceivers. Employees OF the receivers may
present their grievance, and tho
court will instruct the officers in
the promises. For this reason tho
court Will be prompt TO punish men who
Interfere with It's receivers IN the Gus
tody and controtot property committed
TO them by law.
INTIMIDATION OF EMPLOYEES by sTRIK-
Frs - "REoUEsTs" EQUIVALENT no
THREATS.
A simple "requestp to do or not to do
thing, made by one or moro of body
OF strikers, H Il cover OF, or under cir
cumstanoes calculated 10 convey a
threatening intimidation, with design
to hinder or obstruct employees in tho
performance of their duties, Is not less
obnoxious than the use of physical
forces for the Same purpose. A "re-
quest" under such circumstances, ~ n
direct throat and an intimidation, and
will be punished IA such.
In the matter of tho order on Edward
Do0llttle and William Schaubacher, to
show cause why they should not be
punished for contempt IN interfering
with property in tho hands of tho re-
ceivers of this court
Tho marshal reported TO tho court
that, NJ Hannibal, Missouri, no found
the possession and use OF property in
the custody Of the receivers of the Wa
bash, 81. Louis " Pacific railway, here
t0iOre appointed by this court, inter
fer0d with by bodies of 0on, who pre-
vented tho agents and employees of said
receivers from operating portions OF
SAID property, by spiking and
blocking tho trucks, drawing wntar
from tho engines, melting tho agents
and employees of the receivers to quit
work, aud threatening them with VIC
lenco IL they continued in the service OF
tho receivers; thai he gave warning that
all persons Interfering with property I'm
the custody uf this court would he ar.
rested and punished. llo further re-
ported that, IN particular, one Edward
DOOlittle, had, on the 10Th of March 1885,
prevented Jam0s w, Rtohio, a train
master pf tho said Wabash railway,
from taking out Of the round-houso a
number of engines in the custody of the
receivers, although notified that those
engines belonged 10 tho Wabash rail-
way. Doolitto was reported to be- q rec.
ogniZod leader OF persons engaged In
tine unlawful acts rs above stated. Tho
marshal accordingly caused him 10 he
arrested. And further, that on the 18th
day of Marc, he arrested ono John
Schanbacher for holdlngan ongineupon
aud iOr the purpose OF blocking tho
main track, over which Wabash trains
are run into the city of Hannibal.
Schanbacner was preYiOu sly wnrnod
that ho was Interfering with properly
In the custody OF this court, but no dis.
regarded the warning and intorposod
his person between the marshal and tho
engine, saying no would not let tho en-
CINE w down The road; wh0tOupon the
arrest was mad0. Sohanbacher was
also alleged To be- an active leader of
the "slrike" then In progress.
The report OF the marshal as TO the
acts ui DoOlittl0 was supported by the
affidavit of James w. Richie,
train mastor on the Wa
bash railway a. before stated,
which affidavit showed that the on.
gines and freight cars OF the Wabash
railway, che movement OF which boo.
little instructed, were 40 the time In
the yards OF the Missouri Pacific rail
way company, certain OF whose em-
Bli1 10 ~ oNhhAh WNAN NuuA on n 'NNflkt,'
The aihant stated: 81 said To him (Doo-
httle), Il understand that you object To
my moving these engines and this
freight HOWts this when your friends
and associates have cOusonied2 Hore.
pledi we have point ca make on this.
told him TO mako his point whore 10 be.
longed aud not ON US. | told him this
was Wabash freight, and the Wabash
had nothing TO DO with this strike I'm
/ 10 a..
were good ornaments. asked him to
get into car and talk this matter over
with me, and no said IL was too rich for
his blood. and then asked him To walk
down tho track with me, and he said he
had not tim0." The result was that
the movement ofthe nine Wabash on
gines aud about 100 cars of freight was
Delayed some hours.
Tho prisoners, Doolittlo and Sohan-
bacher, were accordingly ordered TO
show cause why they should
not be attached and punished
for contempt of court. Tor
their interference with property In tho
possession OF lie receivers. They ulod "A
reply IN writing, alleging that thoy had
not at any time boon knowingly or viii
fnlly In contempt Of this court or its
oiloers, or Intentionally obstructive
OF the decroes, orders or
process Of tho court, but IN tho contrn.
~ hau intended TO regard aud obey the
orders OF tho court 80 far as thoy knew
or undeIstood them. As to the deten-
Ton OF the nine engines IN the Hannibal
yards, thoy alleged tbs tho train mas
Tor OF the Wabash railway Cordially
agreed 70 delay Of several hours, until
Doolittle could obtain advice by TOLD.
graph irom "uur headuuartersn az Sc.
dalla. Also that there being differ.
ence OF opinion nv 70 which railroad tho
freight belonged 10, II was "harmuni.
ously solicit, between the train master
anu tho strikers that it should ho lam