Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1893-04-08
SWEEPING DECISIONS.


Chief Arthur Enjoined from Issuing
Orders to strike-Boycotting Declared
to BE Conspiracy.
TOLEDO, o., April 4.-The Brother
hood of Locomotive Engineers is de-
clared to be conspiracy against the
laws of the country by Judge Tafts,
and the temporary injunction. prayed
| for against Chief Arthur in the Ann
The decision was read in the
Judge Kicks at the same time
that he rendered his decision in
the case of the Lake Shore engineers
who, obeying the laws of the Brother
hood of Locomotive Engineers, re-
fused to handle Ann Arbor freight, as
there was strike on that road. In the
latter case the court held Engineer
James Lennon for contempt because
he had been twice ordered to move the
cars by the officials of the company
and did not do so until ordered to do so
by the brotherhood officers after the
boycott was raised. The seven other
men were discharged.
Judge RiclSs' decision in the cases of
the eight engineers and firemen
arraigned for contempt of court was
first delivered, amid breathless atten-
tion. 1t was not as radical as the
men feared, and does not assume to
compel men to work agai nst their will
Notice of appeal was at once given by
Mr.. Hurd.
Judge Kicks decision in effect com.
pels one railro DAD to receive freight and
no from, arnthar ir, fnr tu
with the interstate commerce law, and
is as follows:
"This suit was instituted by the.Ann Arbor
Railroad company to compel the Lake Shore
and other railroads to handle its business
known as interstate freight. The interstate
commerce law made it mandatory upon con-
Meeting railroads to receive and deliver passen-
gers and freight, and to afford equal facilities
for the interchange Of trafic. Corporations
can act only through their officers, agents and
servants, so that the mandatory provisions of
the law which apply to the corporation apply
with equal force to its officers and employees.
The authority Of the court to issue such an or
der has been questioned. but II rests on we'll
established principles 1t is said the orders
issued in this case are without precedent
Every just order or rule known to equi-
ty courts was born of some emergency to
meet some new conditions and was therefore
in its time without precedent. II based on
sound principles and beneficent results follow
their enforcement, afording necessary relief to
the one party without imposing illegal burdens
on the other new remedies and unprecedented
orders are not unwelcome aids to the chancel-
lor to meet the constantly varying demands for
, equitable relief
las hereinbefore intimated, the duties of an
employe of public corporation are such that
he cannot always choose his own time
for quitting that service The parties now
charged with contempt must be tried OH
| the facts as they have been made to appear;
ana having fully considered them, l con.
clude that Engineers Clark, Case, Rutger
and Conley, and their firemen as named quit
the service of the Lake Shore & Michigan
= Southern railroad under circumstances when
+ they had right to do so and that they are not
therefore, in contempt of court because of such
conduct and they will be discharged In
reaching this conclusion have treated these
cases criminal in character, and given the
accused the benefit Of the reasonable doubt
especially as to the extent to which they haC
| conspred to act concertedly in quitting service
, in u way to observation-disclosures and aid il
. inforcing boycott. An act when don't
= | by an individual in the exercise of
|, right may be lawful, but when done by
L member conspring to injure i'm
= properly influence another may be unlawful
/, One or more employees may lawfully quit thei
employers service at will; but combination
= of q number of them TO do so for the purpose o
i lnjurng the public and depressing employers
by unjustly subjectng them thus to the powe
of the confederates for extortion or for mischie
!, is criminal
/ with these views of my duty, an order will
be entered that the accused, James Lennon
e to pay Il fine of $50 and the cost
d of this proceeding, upon payment of whic
y he will be discharged from the further oil
ders of the court. The orders made in thi
Il case TO all the connecting roads and thei
employees who have continued in the servic
are still in full force and it is but just to all
cerned that the court should say that the law
and orders having now been fully interprete
% and made public any violation thereof that ma
ID hereafter be made will be dealt with in spir
10 and purpose quite different from that which ha
"A controlled us in this case"
I. After Judge Kicks decision was rer
IS dered in the case of the engineers an
n firemen, he proceeded to read the de
"a cision of the circuit court, compose
l. of himself and Judge Taft in tn
"a motion of the Ann Arbor compan
in asking temporary injunction agains
IA Chief Arthur restraining him from issl
W ing any order which shall require c
n command any employe of any of til
re- defendant railroad companies to II
,a ceive. handle or deliver any cars
,e freight in course of transportatic
,o from one state to another fro
,f ana TO the Ann ArDor road aI
prohibiting him, from in any wa.
dire city or indirectly, endeavoring
persuade or induce any employees
the railway companies whose line
It connect with the Ann Arbor not
oy extend to the said company the san
facilities for interchange of intersta
oe traffic as are extended by said compa
''' les to other roads.
r. The decision, which was written
w Judge Taft, grants the inJuncti'
u prayed for, and declares that if u
at members of the brotherhood, in obe6
% ence to rule 12, boycotted freight, thu
,ir "become guilty of criminal conspira
10 against their country"
ed Lives Lost in the Recent Storm.
o. CITY OF MEXICO, April 4.-Furth
nd particulars of the destructiveness