The Globe-republican., 1893-04-07
ANN ARBOR BOYCOTT.
Decision By United States Judges
Taft and Kicks.
Engineers May Refuse to Take Out Trains,
But Must Not A bandon Them Until
the End Of Their
Runs.
Important Decision.

Important Decision.
TOLEDO, O., April 4.-The United
States court room was crowded yes
terday to hear the decision of United
States District Judge Kicks and United
States Circuit Judge Taft on the two
cases growing out of the Ann Arbo1
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 employee 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 OF
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 II,
boycott freight, they become guilty of
criminal conspiracy against their coun-
try
Judge Kicks discussed at great length
the right of a court of equity to give a
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 to the facts of this
case, so far as they affect those now charged
with contempt of court The evidence shows
that according to the rules and customs
OF the company the engineers were paid s. IS
for 4 run of 100 miles ana were paid for
overworlS The time for compensation began
at the hour they were called 10 leave the yard
and ended when they gave up their engines in
the yard and they were entitled 10 pay for that
time. even though their engines did not move a
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 tina; period they were constantly sub
ject TO the orders Of the company and by Gus
tom and usage the relation of employees and
employers was ia force from that time. This
is the most limited period that can be claimed
for their term of service under the evidence be-
fore me
On the afternoon and night OF the 18th OF
March train Of cars was made up in the yards
of the Lake Shore railroad destined for Detroit
About 6 O'Clock Engineer Clark and Fireman
Thompson were called to make the run. They
prepared their engine ran into the yard and
xl ;fI,i half ,f t1o
train, and before coupling it learned that the
first six cars were billed for Alexis intended
for the Ann Arber 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 the office
turned over his book of rules to the OFF,
eer in charge. A call was then sent out for En-
gineer Case and Fireman kosler. They brought
their engine to their train, coupled it, and on
learning from the conductor that seven cars
were 10 be delivered at Alexis, Case said he
would quit the service and did so. A call was
then sent out for Engineer Rutger and Fireman
Jones and their engine was brought and coupled
TO 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 tor En-
gineer Conley and Fireman Westgate, 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 il the obnoxious cars
were removed
The parties now charged with contempt must
be tried on the facts as they have been made to
appear. and having fully considered them
conclude that Engineers Clark, Case Rutger
and Conley and their iremen as named quit
the service of the Lake Shore Michigan
Southern road under circumstances 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
Upon the facts Of the case made against En-
gineer James Lennon find that he did not quit
the service Of the company in fact. and did not
intend TO do so and that his pretense to do so
was a 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 then in full force, and
commanded him to do the very thing he refused
to do. He. therefore deliberately and know
ingly violated the mandate Of the court and was
guilty of contempt.
l accept the protestations of Mr.. Lennon,
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 member of the Brotherhood Of Locome
tive Engineers and supposed while acting un-
der its rules he was arraying himself against
the laws of his country. This suit has offered
the court an opportunity for declaring the
laws applicable TO such emergencies,
and the public interests have been
thereby subserved This does not there
fore. seem to me to be the occasion when il
would be wholesome or wise TO administer an
exemplary punishment The object Of the
court is 10 uphold and yindicate the laws with
out under these circumstances. showing q dis
position TO Cypress or punish those who have
evidently been misled With these views Of
nv duty an order will be entered that the &C
cused James Lennon stands adiudged guilty OF
contempt. and pay fine OF $50 and the costs OF
this proceeding. upon payment Of which he will
court
The orders made in this case as to all con.
meeting roads and their employees who have
continued in the service are still IN full force
and il is but just to all concerned that the
court should say that the laws and orders having
now been fully interpreted ana made public any
violations thereof that may hereafter be made
will be dealt with in q spirit and purpose quite
different from that which has controlled Us in
this case
The decision is in line with the in
formal talk the Judge gave the men on
the day of their arrest, but which was
misconstrued widely into a declaration
that man could be compelled to work
though he desired to quit his employ
er's service. The decision briefly, is