The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-04-04
THIN ANN ARBOR BOYCOTT.
Judge Kicks of the Federal Court
Delivers an Opinion.
THE INJUNCTION GRANTED.
An Appeal Will Be Taken by the
Striking Engineers.
The Decision Declares if the brotherhood
Boycott Holds, the Members s'Become
Guilty of Criminal Conspiracy
Against Their Country"


TOLEDO, Ohio, April 3.-Judge Kicks of
the federal court this morning delivered a
decision on the application OF the Toledo,
Ann Arbor & North Michigan railroad to
make permanent his temporary injunction
issued against the Lake Shore d Michi-
gan Southern and other connecting lines,
on March IL, restraining them from re-
fusing to accept from or deliver freight to
the Ann Arbor road, on account of boy
colt issued against the Ann Arbor road
by Chiefs Arthur and Sargent, OF the
and Firemen, who were on strike on
that road. The decision turned on the
arraignment for contempt of eight Lake
Shore engineers and firemen who struck
in preference to hauling 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 assume to compel the men to
work against their will. Notice of appeal
was at once filed on behalf of the men.
Judge Kicks began by quoting the pro-
visions of the interstate commerce law
forbidding discrimination by any COM
mon carrier against any person or cor
poration on interstate commences; asserts
the jurisdiction of the court through
federal questions involved and quotes
Chief Justice Marshal to show that
federal Judge has jurisdiction on such
cases, even though other questions not OF
federal character are involved. Judge
Kicks then proceeded to recite the fact
that when application for an injunction
was made to him in chambers in Cleve-
land on March II an emergency existed.
He had issued a similar order in 1881 on
application of the Wheeling & Lake Erie
railroad, and it was enforced with bene-
ficient results against its striking en-
gineers, firemen and trainmen.
The Judge 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, and as corporations can only
act through agents, it was evident that
the mandatory provisions of law applied
with equal force to all officers and en-
ployees of connecting roads. He SAID the
authority of the court to issue such order
had been questioned, but it rested on well
established principles. and he quoted in
support of this statement from British
equity proceedings.
After the decision in the contempt cases
was rendered, the motion of the Ann Ar
Dor railroad for a temporary injunction
against Chief Arthur to restrain him from
issuing a boycott order was decided. This
was the decision of Judge Taft, but was
read by Judge Kicks in his absence. 1t
begins by stating that the original bill
was against eight railway companies, but
was amended SO as to include Chief Arthur
and Sargent. The latter being nom
resident in this district, the bill against
him is dismissed.
AS to Arthur, the amendments charge
that he, as chief of the brotherhood, ex-
ercises a controlling influence upon its
members in all matters treated by its rules
and regulations; that one of its rules re-
quires all its members in the employ OF
any railway company whenever an order
to that effect is given by the chief officer,
to refuse to receive, handle or carry cars
of freight from any other railroad COM
panies whose employees, members of said
association, have engaged in strike,
which strike was declared against COM
plant by members OF the brotherhood
with Arthur's consent and approval.
That Arthur now publicly announces
that unless the complainant submit to the
demands OF striking employees, he will
order the rule enforced; that the rule is
commerce law and is intended to in
duce employees of defendant companies
to violate that law and previous order of
the court, and that Arthur, with others,
is conspiring toward that end. The Judge
cites that if rule II of the brotherhood
holds, members will be forced into
a criminal conspiracy against their
country, and their organization in
that case becomes illegal. The temporary
Injunction prayed for is allowed.
The court then reviewed the terms on
which the engineers were employed by
the Lake Shore road. TheyWere, he said
paid So. 70 for a run of 100 miles, and extra
for oyerWork The time of compensation
began when they were called to take their
engines from the yard, and ended when
they gave up engines In the yard.
Whether they actually moved wheel or
not their services were due the company
from the hour when compen-
sat1on began and the period
of service continued during the time
usually consumed in making run. Dur
ing that period they were constantly sub
iect to orders of the company and the
relation of employer and employee was in
force from that time and this is the most
limited time that can be claimed for their
term of service.
The court then reviewed how the en-
pIneerS and hremen at the par OF the
court. one after another, 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 the right TO quit the service
of the road as they did, and discharged
them from contempt, except Engineer
Lennon, 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 de-
clared under oath that he had no inten-
lion of violating the laws and did not
think he was doing SO, the court would
be lenient with him, merely inflicting a
fine of $50 and costs. The opinion closes
with warning, now that the matter is
we'll understood, that in future engineers
violating orders of the court will DE dealt
with summarily-
At the conclusion of the reading of the
decision by Judge Kicks, the attorney for
the engineers arose and said, in so far as
the decision in the first case related to
Lennon, he desired the court 70 note ex-
ceptions, and he would give notice when
an appeal will be taken. The same course
will be taken by Hurd with Judge Taft S
decision.
The point of the decision is that a man
may quit the service of a company at any
time If he quits in good faith, but an en-
giueer out on q run must complete the
run before quitting.
CHICAGO & ALTON.