The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1893-04-08
Judge Kicks on Strikes.

TOLEDO, O., April 2.-Judge Kicks
of the Federal Court this morning
delivered his decision on the sppli-
cation of the Toledo, Ann Arbor q
North Michigan Railroad to make
permanent his temporary lnlunc-
ton issued against the Lake Shore
and Michigan Southern and otner
connecting lines, on March 18th,
restraining them from refusing to
accent from or deliver freight to the
Ann Arbor road on account Of the
bovcott issued against the Ann Ar
Dor road by Chiefs Arthur and Sar-
cent of the Brotherhoods of Loco
motive Engineers and Firemen, who
were on strike on that road. The
decision turned on the arraignment
for contempt of eight Lake Shore
engineers and fremen, who struck
in preference to hauling the Ann
Arbor cars turned over to the Lake
Shore road. The courtroom was
crowded.
The decision was not as radical
as the men feared and does not as
sumo to compel the men to work
against their will. Notice of appeal
was at once filed in behalf of the
men.
Judge Kicks began by quoting the
provisions of the Interstate Com
merce law forbidding discrimina-
ton by any common carrier against
any person or corporation on inter-
terstate commerce. He asserts the
Jurisdiction of the court, though
Federal questions are involved, and
quotes Chief Justice Marshall to
show that Federal Judge has juris-
diction on such cases, even though
questions not of Federal charac-
Ter are involved. Judge Kicks then
proceeded to recite the fact that
when an application for injunction
was made to him in chambers in
Cleveland, March 18th, an emergen-
cy existed. He had issued SINH
lar order in 1891 on the application
of the Wheeling q Lake Erie Rail-
road, and it was enforced with
benefcent results against its strik-
ing engineers and firemen and
trainmen. The Judge held that the
roads connecting with the Ann Ar
Dor road were clearly compelled,
under the Interstate Commerce act,
to receive from and deliver freight
to that road, and as a corporation
can only act through agents, it was
evident that the mandatory provis-
ions of the law applied with equal
force to all officers and employees
of the connecting roads. He said
the authority Of the court to issue
such order had been questioned,
but it rested on well-established
principles, and quoted in support
of his statement from British equity
proceedings.
After Judge Kicks decision was
rendered he proceeded to read the
decision of the circuit court, con-
sisting of himself and Judge Taft,
on the motion of the Ann Arbor
Company, asking a temporary in
junction against Chief Arthur re-
straining him from issuing any
boycott order against the road. The
decision, which was written by
Judge Taft, grants the injunction
prayed for and declares that if the
members of the brotherhood, in
obedience to rule II of that body,
boycott Ann Arbor freight they
become guilty of criminal conspi-
racy against their country"
The Court then reviewed the
terms on which the engineers are
employed by the Lake Shore road.
They were he said, paid So IS for
run of q hundred miles and extra
for over-work; the time of compen.
sation began when they were called
to take the engines from. the yard
and ended when they gave up the
engine in the yard. Whether they
actually moved a wheel or not.
their services were due to the COM
pany from the hour when the COM
pensation began. The period Of
service continued during the time
usually consumed in making the
run. During that period they were
constantly subject to the orders of
the company, and the ralation of
employer and employee was in force
from that time. This is the most
limited time that can be claimed
for their term of service.
The Court then reviewed how
the engineers and firemen at the
bar of the court one afternoon quit
the service of the company when
they learned they had been called
on to haul cars destined for the Ann
Arbor road. The Court held that
they had right to quit the service
of the road as they did and dis
charged them from contempt, ex-
cept Engineer Lannon, whom the
Court found did not quit the roads
service in good faith, but that he
pretended to do so in order to
evade the order of the Court. In
view of the fact, however, that he
declared under oath that he had
no intention of violating the laws
l.