Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-03-28
THE RAILROAD CASES.
Grand Chief Sargent, Of the Firemen,
Dismissed by the Court.
HAS NO JURISDICTION OVER HIN.
He Resides Outside the District
of the Court Making the In
junction - The Trial OF Chlef
Arthur, of the Engineers, Pro-
ceeded With-Evidence Taken.

4
cases. The first was that Of the engi-
neers and fremen of the Lake Shore on
the charge of contempt of court. The
second is that Of the restraining order
granted by Judge Ricks at Cleveland
early in the struggle and which pre-
vents the connecting railroads In Toledo
from refusing to accept the freight from
the Ann Arbor, and is based upon the
provisions OF the Interstate commerce
law. The third is that granted by
Judge Taft at Detroit restraining Chiefs
Arthur and Sargent from is
suing or keeping in force any
order which they had already
issued TO employees of any railroad TO
refuse to accept the business OF the
Toledo and Ann Arbor railroad. Inc
fourth Injunction was that ordering
Chief Arthur and Chairman Watson OF
the Lake Shore to bring into court an
order or rule or regulation for the
Brotherhood of Locomotive Engineers,
which was the basis for securing strike
or boycott. The fifth is the restrain
ing of about a hundred employees OF the
Wheeling and Lake Erie railroad from
refusing TO accept or handle the freight
or cars of the Toledo and Ann Arbor
Co. The sixth is the suit for $500, 600
damages filed by H. A. Ashley OF the
Aan Arbor road against Chiefs Arthur
and Sargent, based on the strike and the
refusal to transfer it TO connecting
| lines.
Judge Kicks arrived from Cleveland
at midnight and took up the case heard
last week, and to-day arguments were
heard. Emory d. Potter, Jr., opened
for the prosecution, followed by James
II. Southard, for the defense; then
Hon. Frank Hurd made the main argu-
ment for the defense, and General Coun-
sci Green, Of the Lake Shore, closed for
the prosecution. Judge Kicks annouDc-
ed that he would render his decision
| tomorrow.
At two o'clock the court again con-
vened and took up the second case, that
of the restraining order issued at Cleve-
land.
When court opened this afternoon
Mr.. Sargent was present, but Mr..
Arthur was not. The back part Of
the room was packed, as usual, stand
| ing room being at premium.
AS soon as Judge Taft gave the word
to proceed Mr.. Hurd arose and said
| that Mr.. Sargent had not been sum-
moned In the case as yet, and that Mr..
Arthur had not yet arrived. Some
time for preparation was needed when
he did come aud be thought 1t would
be well to wait until morning before
proceeding.
Mr.. T. P. Harper, of Terre Haute,
attorney of the fremen, stated that Mr..
| Sargent had been served with the sum-
mons in the case during the past ter
minutes and was ready to go on with
the case as far as necessary.
The court thought the attorneys had
| better confer together a moment and pre-
mare a plan OF action. Messrs. Hurd,
| Horper. Barber Southland and Sargent
then retired to the United States Mar
shals room.
They returned in few minutes and
Mr.. Hurd stated that his side first raised
the point that the court lacked juris-
| dictiop as part of the defense was not
resident of this district, as required by
law. If the court decided that ii had
Jurisdiction, the defense would like un-
ill tomorrow morning to make its de-
tense.
Mr.. Harper added that MIR. Sargent
was a resident OF Indiana, and not OF
this Federal district, and the law says
the defendants in such cases snail be
residents in the district where the cases
are brought.
Judge Taft said that in view of the
statute referred TO, the temporary in
junction as to f. j. Sargent was dis
solved, and the application made to
make the temporary injunction granted
D, rpetual, was denied. The case
against Arthur would be heard.
Mr.. Sargent at once withdrew from
the room.
Mr.. Alexaeder Smith, counsel for the
Ann Arbor, then read the original
amendment on which the case was
brought:
Mr.. Hurd wished to explain that as
Mr.. Arthur had not filed an affidavit in
reply The court might suppose be as
sented to all that was claimed. Such
was not the case, as Mr.. Arthur denied
each and all the statements made.
The Court said it so understood.
Mr.. Smith then read an affidavit from
General Manager j. w. Ashley, en-
bodyi1g an agreement signed by G. w.
Taylor. chairman OF the Ann Arbor
Committee OF Engineers; j. b. Pol
lard, chairman Of the hremen's
committee; Chiefs Arthur and Sar-
gent, and Assistant Chief Youngson,
and President J. NJ. Ashley, stating
that all would abide by the decision
which VIM. Kirkby should make in the
case. Klrkby also signed the paper un-
der the words: Il accept the position
entrusted to me-"
The next Mr.. Smith read was tele-
| gram from Jasper NJ. Watson to Cen
eral Manager Canniff, that the laws OF
the Brotherhood Of Locomotive Engin-
eers would 90 into effect at six ?. N.
Canniff answered asking If this meant
that Lake Shore engineers would refuse
70 haul the cars or freight TO or from
Ann ArbOr.
Mr.. II. w. Ashley testified that Mr..
Arthur had come 10 him and attempted
to reach an adjustment OF the difficult
ties between the Ann Arbor and the
Brotherhood. They failed to agree
and a few days later be was notified
that a boycott on his road had CON-
menced.
General Manager Greene, OF tn g
Western Union, was one OF the most
important witnesses called. When
summoned to take the stand. Mr..
Greene approached the Judge and
handed to him a note. After reading
| il Judge Taft addressed the attorneys
for the defense, saying:
"Gentlemen, this won't DO. see
rssce----v=z---