The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-03-28
COURTS AND STRIKERS.

dom of commerce, has befogged labo
leaders again and set lawyers to thinking
The business Of the Central Labor UnioI
was disposed of in a hurry yesterday, IL
order that the delegates might have tim
to talk about it. Few lawyers who wer
seen were willing to discuss it until the,
think it over.
Colonel Robert G. Ineersoll said: "As
general rule men have right to qui
work, but not to prevent others from TAX
ing their places. By this ] do not mear
to say that strikers may not use persuasion
and argument to induce other people t,
refrain from going to work in places wher'
there are strikes. Men, of course, may
| 'conspire' to quit work, but how is anyone
to prove it, One man may quit, or severa
hundreds may quit together, and there
may be nothing to prevent them from do
ing so. have not gone fully into the de-
cisions OF Judge Kicks or Judge Billings
but in a general way believe they are an
| acknowledgment of public control or regu
lation of railroads. Railroads, it is true, are
run for private profit. yet they are q
public service, and as such the public has
an interest in them. This principle applies
to the commerce of the country. At the
same time do no think the decisions will
have any lasting effect upon organized
| labor. Many strikes may be illegal, but
the number involved makes the courts
powerless."
Mortimer O'Connell. corresponding Sec
retary of the Central Labor union, who is
| president Of the National Brotherhood OF
Surface Railroadmen, said: ''They may
make as many decisions as they pisase,
bit the men will go on striking just the
same. How can the conspiracy be proved
One man may leave work. and what is to
hinder fifty from leaving? 1t does not
follow that this is a conspiracy. Strikes
may be ordered through circular letter.
or it may be through "A cipher sentence, or
it may be simply q concerted agreement
without orders. Regarding the obstruct-
| ing of trade or commerce 1t would be diff
cult to say when strikers stepped across
the line where legal strikes END and illegal
strikes begin"
James P. Archibald. delegate Of the pa
per-hangers. said: "This will only make
working people organize more closely. All
the legal decisions in the world cannot
prevent men from organizing to keep up
wages. As to the legality of strikes, do
not pretend to be posted on the subject,
and don't believe there is a judge on the
bench who can define the law SO precisely
as to say when strike becomes an infrac-
tion of the law"
Henry George said: ''This is but another
attempt to bind down the ocean with pack
buTchO uab SbrlkcS dT0 ICSCraluLS u
commerce IS true; SO are many other
things with which the courts cannot or do
not interfere. The strike at bottom rests
on the individual right to work Or not to
work, and for our courts to attempt more
than to prevent violence or threats of
violence Is to enter upon untenable and
dangerous ground. They might as well
try to re-establsh slavery. Ii trades
uniOnism, with its necessary weapon, the
strike. could be prevented by prohibitions
and penalties, it could never have grown
up in Great Britain, where courts and
legislatures did their utmost to put it
down, under conditions far more favorable
to the attempt than those which exist in
the United States senate today. Strikes
are but war, but only passive war. They
are necessarily destructive in their nature,
and, like all wars, involve non-combatants
in the sufferiDgs they cause, and they be-
come more destructive, and include
larger area in business losses and suffer
ings rs the division of labor becomes more
minute and the ramifications of exchange
extend. Underneath their Infringement
of natural right lie those deeper and wider
infringements of natural right which are
concentrating wealth and power in the
hands of the few, making the laborer help
less. save as he can combine and fight for
his own hand"
THE ANN ARBoR CASES.
TOLEDO. O., March 27.-In the United
States court today six great cases of the
deepest moment to labor orders began.
The first is that of the engineers and fire.
men of the Lake Shore on the charge of
contempt of court. The second is that of
the restraining order granted by Judge
Kicks early in the struggle, and which
prevents connecting railroads in Toledo
from refusing to accept freight from the
Ann Arbor road, and is based upon ths
provisions of the Interstate commerce law.
The third is on the injunction granted by
Judge Taft in Detroit, restraining Chief
Arthur and Chief Sargent from issuing or
keeping in force any order which they had
already issued to employees of any railroad
ledo and Ann Arbor railroad. The fourth
is on an injunction ordering Chief Arthur
and Chairman Watson of the Lake Shore
to produce the rule or regulation OF the
Brotherhood OF Locomotive Engineers
which was the basis for ordering
the strike or boycott. The fifth
is an order restraining about one
hundred employees of the Wheeling and
Lake Erie railroad from refusing to ac.
cept or handle the freight CIR cars of the
Toledo and Ann Arbor railroad company.
The sixth case is a suit for 100000 DANA
ges filed by Manager H. w. Ashley Of the
Ann Arbor road against Chiefs Arthur
duu SdfXtut, UdSSu Oh Tue SCFlkc.
Judge Ricks arrived from Cleveland at
midnight and this morning took up the
first case-that of the engineers alleged to
be in contempt. The evidence was taken
last week, and today the arguments were
heard. Frank Hurd made the main argu-
ment for the defense, and General Counsel
George G. Greene of the Lake Shore closed
for the prosecution. Judge Kicks an-
nounced that he would render his decision
tomorrow, probably in the morning.
AT o'clock the court again convened
and the second case-uhat of the restrain
ing order issued at Cleveland-was called
up. noon
When the court opened this after tnur
Mr. Sargent was present, but Mr.. AR led,
was not. a host OF witnesses were cal
but no important testimony was given.
The hearing will be resumed tomorrow
morning.
LABOR FACTIONS,
NEW YORK, March 27-Complications
long feared by the American Federation
of Labor promise to make interesting the
in the lockout of 100 federation
clothing cutters, declared on Saturday by
the members of the New York Clothing
association.
Ever since the great clothing workers
strike in Rochester there has existed be-
tween the knights of Labor and the Fed |
GRAFTON garmelt workers a cordial dislike, |
If not actual and bitter hatred. During |
the Rochester strike Federation men took |
the places of knights of Labor. Now it is |
learned by the Federation cutters in this |
city that the Knights of Labor vii! have |
revenge by taking the places of the |
meu who were locked out on Satur- !
day. In fact, the master work man /
Of the Knights OF Labor local assembly OF |
clothing cutters and several other promi- |
uent Knights of Labor have announced |
their intention OF filing the places of the |
federation cutters with knights The po- |
sition AIKEN By the officials who favor this |