Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1893-04-08
THE soYcoTTiNo CASE.

tho Road.
TOLEDO, O., April 4.-The United
States court room was crowded yes
terday to hear the decision Of United
States District Judge Kicks aud United
States Circuit Judge Taft on the two
cases growing out Of the Ann Arbor
strike.
The decision of Judge Kicks and
Taft, on the motion of the Ann Arbor
company for an injunction against
Chief Arthur restraining him from is
suing any order which should require
or command any employe of any rail.
road companies connected with the
Ann Arbor road to refuse to receive,
handle or deliver any cars of freight
in course of transportation from
one state to another from
and to the Ann Arbor road
and prohibiting him from directly or
indirectly endeavoring to persuade or
induce any employee of the railroad COM
panies whose lines connect with the
Ann Arbor, not to extend to that COM
pany the same facilities in interchange
of interstate traffic as are extended by
them to other roads, was written by
Judge Taft and read by Judge Kicks.
1t grants the injunction prayed for and
declares that If the members of the
brotherhood, in obedience to rule IL,
boycott freight, they become guilty OF
criminal conspiracy against their coun-
try"
Judge Kicks discussed at great length
the right of court Of equity to give
decision in the pending case and said:
Now let us apply these general principles of
equity which are consistent with every rule OF
natural law and justice 10 the facts OF this
case, so far rs they affect these now charged
with contempt Of court The evidence shows
that according 70 the rules and customs
OF the company the engineers were paid u 20
for run OF 100 miles and were paid for
overworls The time for compensation began
at the hour they were called to leave the yard
and ended when they gave up their engines in
the yard and they were entitled to pay for that
time even though their engines did not move
wheel Their services were therefore due TO
the company from the hour when their COM
pensation began. That period OF service con-
tinued during the time usually occupied IN
making the run for which they were called.
During that period they were constantly sub
icct 10 the orders OF the company and by Gus
tom and usage the relation OF employees anu
employers was In force from that time This
is the most limited period that Gun be claimed
for their term of service under the evidence be-
fare me-
On the afternoon and night OF the 18th OF
M,rch train OF cars was made up In the yards
OF the Lake Shore railroad destined for Detroit
About o'clock Engineer Clark and Fireman
Thompson were called 10 make the run. They
prepared their engine, ran into the YARD ana
backed down to within half = car length OF the
train. and before coupling Is learned that the
first six cars were billed for Alexis intended
for the Ann Arbor road Thereupon Clark
took his clothes from his box. announced to an
officer OF the company that he would quit the
service and proceeding to tho once
turned over his book of rules 10 the ofi-
eer In charge A cali was then sent out for En-
Cinecr Cuse and Fireman Kosler They bsousht
their engine TO their train, coupled II, and on
learning from the conductor that seven cars
were 10 be delivered ut Alexis, Case said he
would Qeit The service and did so. A call was
then sent OH for Engineer Ruteer and Fireman
Jones and their engine was brought and coupled
10 the train When Rutger learned that Alexis
cars were TO be delivered he quit his employ
ment and left the yard, having turned over his
book Of rules A call was then sent out for En-
gineer Conley and Fireman Wcstgate. whose
engine was in the same way coupled TO the
train. Conley declined TO haul the Alexis cars
and quit the company's employment He Of
fered TO run the train II the obl.oxious cars
were removed
The parties now charged with contempt must
be tried on the facts M they have been made TO
appear. ind having fully considered them
conclude that Engineers Clark, Case. Rutger
and Conley and their firenen as named quit
the service of the Lake Shore q Michigan
Southern road under circumst ances 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.
Uron the facts OF the case made against En-
gineer James Lennon find that he did not quit
the service Of the company In fact. aud did not
intend TO do so and that his pretense TO do so
was u trick TO evade the order Of the court
Being in the service OF the company when he
refused TO switch the Ann Arbor cars into the
train at Alexis and then having full knowledge
OF the terms and meaning OF the order OF the
court that order was iheB in full force, and
commanded him 10 do the very thing he refused
TO do He therefore deliberately and know
ingly violated the mandate OF the court aud was
guilty OF contempt
j accept the prOteStntlons ol MT icnhon'
made under OATH that he did not intend TO dis
obey the orders OF the court and did not believe
he was violating the laws OF the United States.
He Is a member OF the Brotherhood OF Locomo'
tive Engineers and supposed while acting un'
der It's rules he was arraying himself against
the laws of his country. This suit has offered
the court m opportunity for declaring the
lnws applicable TO such emergencies,
and the public interests have beer
thereby subserved This does not, there
fore, seem 70 mo 10 be the occasion when II
would be wholesome or wise TO administer an
exemplary punishment The object OF the
court Is TO uphold and vindicato the laws with
out under these circumstan showing dis
position TO Cypress or punish those who have
evidently been misled. With these views OF
ms duty an order will be entered that the nc.
cused James Lennon stands adiudged guilty OF
contempt, and pay fine OF so and the costs OF
this proceeding. upon payment OF which he Will
be discharged from the further orders OF the
court
The orders made in this case as TO oil con-
ah.os~ wnrRtaw rrh m ~ 20