Rock Island daily Argus., 1888-03-17
ADHESION FoREsHADoWEO.


| OMAHA, Neb, March 17-The injunction
case between the Burlington & Missouri
| River and the Union Pacific was heard before
| Judge Dundy Friday, the decision of the
| court being reserved. During the course of
| Gen Cowan's argument on behalf of the en-
| gineers the word strike" was used several
| times and provoked the following comment
from the court: "This word strike is of
| modern origin. The question is regarding
| its legal definition, and on that this case may
| turn. If it means in this case a project to
kick up the devil generally, to derail cars and
ditch trains, then this court can order writ
of injunction to restrain the injury con-
| templated as a measure of preventive Justice,
| and the chargesof conspiracy is well taken
| II on the other hand the word in the case is
synonymous with an intention of quitting
work and quietly walking out, don't see
how this court is going to restrain the action.
That's all there is in this case as it stands at
present that can see"
j. M Thurston then arose and said that the
Union Pacific had duties to perform which
were prescribed by manifold acts of congress,
and it desired at all times to perform these
duties. With this desire, the Union Pacific
had all along its line ordered its men to
handle the traffic of the Chicago Burlington
g. Quincy road, and when the men refused
with an epidemic which for want of better
name was known as the so collie" and re-
fused to obey orders. As Il consequence
large numb, rs of cars containing the freight
of the Burlington & Missouri road were be-
ing rehandled at Omaha, Council Bluffs,
Cheyenne, Denver, and Lincoln. The an
swer positively AYERS that if the men further
absolutely refuse to obey the orders for hand
ling the Burlington & Missouri traffic and
quit work on the company's persistence in the
order-an absolute necessity on the company's
part under the law-the great corporation,
the Union Pacific will have to cease opera
tions because of the inability to supply Their
places.
c. J. Greene, on behalf of the complain
ants said the Burlington II Missouri road die
not contend that the court had the power tc
compel man to work when he desired te
quit, and he was not present for the purpose
of invoking any such power. He would con-
tend, however, that where the common action
of body of men tended to produce the same
result by the same power, and the object was
to damage and injure any single individual
or corporation, that it was not only IN the
power of a court to restrain such contem'
plated damage, but it was clearly its duty to
do So If the court should be satisfied that
damage and injury were contemplated as
the result of this united action, it was time
that judicial action should intervene.
T. NJ, Marquette, general attorney for the
burlington & Missouri, followed He con
tended that the answer of Nicholas Weeks, |
OF the Union Pacific engineers, represented
the status of all the defendants in the case. |
lie does not deny that he is a member of the
brotherhood, and the brotherhood is proven
by evidence to be an oath-bound secret soci.
ETY., holding its meetings and acting under
a general head What that society has done
Is IN evidence They have directed its mem