Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-04-04
NEWS BY TELEGRAPH.
From All Quarters.
JUDGE FAF4'S DECISION.
1t is Very Strongly Against
Chief Arthur.
Tue RESTRAINING ORDER GRANTED.
An Appeal Will be Taken to
Higher Courts.
TaEY Charge GAhELEsSNESs.
London Papers Criticise
the Transactions.
Tue RESTRAINING ORDER GRANTED,
TaEY Charge eAAELEssNEss,
ANN ARBoR CASES BKCIDED.

| ANN ARB0R CASES BECIDED.
| Engineers Are Enjoined From Boy
eotting Freight and to Disregard IL
Would be Conspiracy-0nly One I'm
gineer Held for Conspiraey-The
opinion I'm the Injunction Case by
Judge Taft.
TOLEDO, April 3.-Judge Rlcks, in the
United States circuit court this morning,
rendered his decision in the case of tie
Lake Shore engineers who refused to han
die Ann Arbor freight, as there was q
strike on the road. The court held that
the engineer Lennon, inssmuch as 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, was
guilty of contempt of court. The seven
other men were discharged.
After Judge Rioks' dscision WAS render
ed in the case of the engineers and 6remen
he proceeded to read the decision of the
circuit court, composed of himself and
Judge Taft, on the motion of the Ann Ar
Dor Railroad company asking q temporary
injunction against Chief Arthur of the
Brotherhood of Locomotive Engineers,
restraining him from Issuing any order
which shall require or command any en-
ploye of any of the defendant railroad
companies 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 pro-
hibiting him "from in any way, directly
or indirectly, endeavoring to persuade or
induce any employees of the railway COM
panies whose lines connect with the Ann
Arbor, not to extend to the said company
the same facilities for interchange of inter
state traffic as are extended by said COM
panies to other railways" The decision,
which was written by Judge Taft, grants
obedience to Rule 10, boycott freight, they
'become guilty Of criminal conspiracy
sgainst their country"
he said: A temporary restraining order
was issued by me against Arthur. A hear
ing has been had and the question Is be-
fore us. The original bill was filed against
eight railway companies. An amendment
was afterwards filed making two new de-
PENDANTS, P. NJ. Arthur and f. P. Sargent.
Sargent was subsequently discharged as he
was a non resident of the district. AS to
chief of brotherhood, exercised con-
trolling influence upon its members in all
matters, and that one of Its rules required
all its men in the employ of any road
whenever an order to that effect shall be
given by its said chief officer
to. refuse to L, handle or carry
cars = of freight from any other
railway company whose employees are
members Of said association and who have
engaged In strike, sueh as the strike
which has been declared against the COM
plainant by the members of the brother
hood with Arthur's consent and approval,
that Arthur now publicly announces that
unless complaint shall submit to the de-
mands of It's striking employees he will
order the rule above stated enforced; that
the rule is in direct contrsvention of the
inter state commerce law, and Ia intended
to induce the employees of the companies
to violate that law and the previous order
of this court and that Arthur with others
ia conspiring to that end.
The bill invokes the chancery powers of
this court to protect the complainant in
rights, which 1t claims under tho act of
as the interstate commerce act, and an act
amending it passed March Q, 1889. These
acts were passed by congress in the exer-
else of tho power conferred on it by the
federal constitution "to regulate commerce
with foreign nations, among the several
states and with the Indian tribes" Coun-
sell for defendant, Arthur, contend that
the interstate commerce law and Its
amendments ale only dsclaratory of the
common law which gave the same
rights to complainant, and that therefore
this is not case of federal jurisdiction.
The original jurisdiction of this court
L. 90 "a a.
10, 1888, to 'all suits of civil nature, at
common law or in equity, where the mat
ter in dispute exceeds, exclusive of interest
and cost, the sum or value of two thousand
| dollars and rising under the con-
stitution or laws. Judge Taft runs over
the happenings during the strike, stating
| that Arthur sent kilograms to eleven chair
men of the general adjustment committee
on as many different days notifying them
| that legal strike was on and to obey the
| laws of the brotherhood. A legal strike
in brotherhood parlance means one con-
scented to by the grand chief. His consent
is necessary under the rules of the order to
entitle the men thus out of employment to
three months pay allowed to striking
members. Arthur admits that the par.
ticular law to which he referred In this
dispatch was one adopted by the brother
hood at Denver three years ago, bat which
ia not published in the printed copy of the
constitution and bylaws. 1t is:
That hereafter, when an issue has beer
sustained by the grand chief and carried
into effect by the Brotherhood of Locomo
tive Engineers, 1t shall be regarded as I
violation of obligations for q member o
the Brotherhood of Locomotive Engineer
who may be employed on q railroad run
ming In connection with or adjacent Il
said road to handle the property belonging
to said railroad or system in any way tina
may benefit said company In which the
of L. E. is ct Issue until the grievance o
issue of whatever nature or kind has bee
amicably settled" In eonolusion. Juds
Taft says: Il
Allusion should be made to that part q
| the original restraining order herein who
compelled Arthur to rsscind the directio
| he had already given for the enforcemer
of rule 10. There was absolutely no wa
of maintaining the status quo between Ii
parties, which is the proper Office of pr
, iiminsry injunction, but was compellin
at once . recision of Arthur's act. Th
present was an extreme one. The injur
threatened was wilful, wrongful and Grim
nal and q mandate, though not freauer
remedy, was necessary and could by Z
possibility under the circumstances woi
injury to anyone. The motion for ten
porary Injunction against defendant A
thur is allowed as prayed for.
Both cases will be appealed to the eour
of last resort. The contempt case will
taken to the supreme court on the grouI
that the defendant, Lannon, was not pro
erly notified of the proceedings, that
was not subp@naed according to law, tn
he had not seen the order of the court
understood its import, and that the cou
q has no jurisdiction, there being no fede,
L. questions involved.
VIII he Enforced.
TKRRE HAUrn, Ind, April 4.-Gral
Master Sargent when interviewed Il
evening regarding the decision of Juds
Kicks and Taft at Toledo, said.
ssThe boycott will still be enforced
the men and instead of refusing to HAND
trains containing Ann Arbor cars tho I
a gineers and hremen will simply resi-
their positions and the courts will then
compelled to prove that they refused
handle Ann Arbor freight In order to hi
them for contempt"
Trial OF Cup Defender.
BRIsToL, r. l., April 3.-The prelil