Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-04-03
ANN ARBOR CASE.
Tho Decision In a Suit Growing Out
Of the Boycott
THE INJUNCTION GRANTED.
Elec,rocu,ed In Sing Sings ddcn Dc
parturc Of United states ships
From Havana.


Toirpo, Ohio, April S.-Judse Kicks
NJ tho federal court this morning DO.
Iivered his decision on application Of
the Toledo, Ann Arbor and North
Michigan Railroad to mako permanent
bls temporary injunction issued
.1alnst the Lake Shore aud Michigan
southern aud other connecting lines,
on March IL, restraining them from
refusing to accept from or deliver
s-igh, to the Ann Arbor road on
,-.sount OF the boycott issued against
the Aun Arbor road by Chiefs Arthur
ssd Sargent, OF the Brothorhoods Of
Locomotive Engineers and Firemen
who were on strike on that
road. The decision turned on
the arralgnment for contempt
OF eight Lake Shore engineers aud
firemen who struck In preference TO
hauling the Ann Arbor cars turned
over to the Lake Shore road. The
courtroom was crowded. The deci.
zion was not rs radical NJ the men
feared and does no. assume TO compel
the mon 10 work agains, their Will
Notice OF appeal was at once filed IN
behalf Of the men. Judge Kicks began
by quoting the provisions OF tho inter
state commerce law forbidding dis
crinination by any common carrier
agalnst any person or corporation on
Interstate commerce; he astetts the
Jurisdiction OF the court though federal
questions are involved AMI quotes
Chief Justice Marshal TO chow that
n federal judge has Jurisdiction on
such cases, even though questions not
Of n federal character are involved.
Judge Kicks then proceeded TO
Teclle the fact that when an application
Tor Injunction was made to him In
chambers In Cleveland, March llth,
an emergency existed. He had Issued
n similar orGer la 1891 on application
OF the Wheeling and Lake Erie rail-
road and II was enforced with bene-
ilcont results against Ito striking on.
gineers and fTemen and trainmen.
The jugde held that the roads connect
Ing with the Ann Arbor ROAD were
clearly compelled, under the interstate
commerce act, to receive from and
deliver freight to that road, anu NJ
agents, 1t was evident that the msnda-
tory provisions OF the law applied with
equal force TO all officers and EN-.
ployes OF tho connecting roads. lie
said the authority Of the court Ia
issue such order had been questioned,
but II rested on well established prin.
clples, and quoted In support OF hi,
statement from British equity pro-
ceedirgs.
After Judge Kicks decision was
rendered he proceeded to read tn,
decision OF the circuit court, consisting
OF himself aud Judge Taft, on the
motion OF the Ann Afbor company,
asking temp orary injunction against
Chief Arthur, restraining hin
from issuing any boycott ordei
against that road. The decieioni
which was written iby Judge Taf
grants the Injunction prayol for and
declares that II the members OF the
brotherhood, In obedience TO rule II Of
that body, boycott Ann Harbor freight
they"become guilty Of criminal conspi
acy against their country"
The court then reviewed the terms OF
which the engineers are employed by
tho Lake Shore road. They were, h,
said, psid S3.75 for run OF "A hundTe,
miles aud extra for over-woTk; IN,
time OF compensation began whei
they were called to take tn,
engines from the yard and ende,
when they gave up the engines In thu
yard. Whether they actually moved |
wheel or not, their services were du
TO the company from the hour whei
the compensation began. The per
iodFof service continued durinl
the time usually consumed In maxim
the run. During that period they wer
constantly subject 10 the orders OF tn
company, and the 4 relation O
employer and employo was Il
force from that time. This
the most limited time that ca
be claimed for thor term OF service
The court then reviewed how tn
engineers and firemen at the bar {
the court, one after another quit tn
service OF the company when the.
learned they had been called o.
10 haul cars destined for the An
Arbor road. Tho court held this
they had right 10 quI
the service Of the road us they did,an
discharged them from contempt, "a
cept Engineer Lennon, whom IN
court found did not quit the roads sci
vice Ia good faith, hut that he pr,
tended to do 70 In order
evade tho order OF the cour
In view OF the fact, however, that h
declared under oath that he had no II
ten,ion OF violating the laws and di
not think he was doing 80, the cou
would DO lenient with him, merely IL
nieting line OF flity dollars an
costs. The opinion closes with war;
Ing, now the matter IL well III
derstood, that In the future enginee
violating the orders OF the court wi
be dealt with summarily.