The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-04-04

TOLEDO, O., April 3.-The United
States court room was crowded this
morning to hear the decisions OF Judge
Kicks and TAFT in the two cases grow
ing out ofthe Ann Arbor strike, Judge
Rick's decision in the cases OF tho eight
engineers and fireman arraiGned for
contempt OF court was first delivered
amid breathless attention, 1t was not
as radical as the men feared, and does
not assume 10 compel mon TO work
against their will. Notice OF appeal
was at once given by General Hurd.
Judge Kicks decision in full is us fol-
lows;
This suit was instituted by the Toledo,
Ann Arbor 4 North Michigan Railway
Company to compel the Lake Shore &
Michigan Southern railroad, tho Penn
sylvania Company and other defend.
ants to receive from it and deliver 10 it
freight and cars destined from ono state
to another commonly known as inter
state freight. The bill was drawn to on.
force tho third section OF the Interstate
act, which provides;
"That il shall DO unlawful for any
common carriers subject to tho provi-
sions oi this act to make or give any un-
due or unreasonable preference or ad-
vantage to any particular person, COM
pany, firm, corporation, or locality, or
any particular description OF traffic in
any respect whatsoever, or to subject
any particular person or company firm,
corporation or locality, or any paricu-
lar description OF traffic, or any undue
or any unreasonable prejudice or disad-
vantage in any respect whatever"
Tie commissioners define tho stat
nte to moan ANY common carrier or
carriers engaged in tho transportation
Of passengers or property wholly by
railroad or partly by railroad and partly
by water, when both are used under a
common control, management or ar
rangelnent, for continuous carriage or
shipment from one state or territory OF
tho United States or the District Of
Columbia to any other state or territory
OF the United States"
Tho subject matter OF this litigation
is therefore tho construction and en-
iorccment OF an act OF Congress and tho
court acquires jurisdiction because OF
the federal question involved. That
such question is involved l think too
plain for serious controversy. The
Judge then quoted authorities in sup
port Of tho jurisdiction OF the conrt,
and reviewed the history OF the injunC-
ton proceedings, and continued:
Tho application for tho order OF in
junction was made to mo at chambers
in Cleveland late on Saturday night,
March II. The situation set out in the
bill disclosed an emergency in which
prompt action was necessary. had
granted similar mandatory order in
1901 on u bill for an injunction filed in
this court by the Wheeling 4 Lake Erie
railroad and 1t was enforced with benefl.
Cent results rs against its engineers,
firemen and trainmen who had refused
to handle interstate commerce freight
loaded on cars consigned to various
ports on Lake Superior and Michigan.
The bill in this case clearly entitled the
complainant TO relief rs against tho de.
fendant railroads, who we're threaten
ing to refuse TO receive or deliver inter-
state freight,
The section OF tho interstate com.
merCe law above quoted made 1t manda.
tory upon connecting railroads TO re.
ceive and deliver passengers and freight
and to afford equal facilities for tho
interchange OF traffic. Corporations
can only act through their officers,
agents and servants, so that the manda.
tory provisions OF the law which apply
TO tho corporation apply with equal
force to its officers and employees. The
authority Of tho court to ISSUE such an
order has been questioned. but 1t rests
on well established principles.
Judge Kicks discussed the rights Of a
court ot equity to give decision in tho
pending case, and says:
Now lot us apply these general prin-
Ciples OF equity, which are consistent
with every rlllo Of natural law and ius-
tico, TO the facts OF the caao so far as
they affect those not charged with con.
tempt OF court. The evidence shows
that according TO the rules and customs
OF the company tho engineers were paid
S31b for run oil 100 miles, and were
paid for over work. Tho time for com.
putting compensation began at the hour
they were called to leave the pard and
ended when they gave up their engines,
aud they were entitled to pNy for that
time oven II thoir engines did not move
q wheel. Their service was therefore
due to the company from tho hour from
when the compensation began. That
period service continued during tho
time usually occupied in making the
run for which they wero called, Dur
ing that period they woro constantly
subject TO tho orders OF the company,
and by tho custom and usage the rela-
tion OF employer and omployo was In
for that time. This Is the most limited
period that can bo taken for their term
OF service under tho evidence before
me.
On tho night Of tho 18th Of March n
train Of cars wns made up In the yards
Of tho Lake Shore road at tho junction
destined for Detroit. About O o'clock
p. m, Engineer Clark and Firoman
Thompson were called to mako tho run.
They prepared their engine, ran 1t into
tho yards and backed down to within u
half length OF tho train and, before
coupling II, learned that tho first seven
cars wcrO billed for Alexis and intnnd.
cd for Ann Arbor. lhetoupon, Clark
took his clothes from his hooks, an
nounCod TO m officer OF tho company
that hc would quit his service, and,
proceeding to the oillcos, turned over
his book Of rules to the olliccr In
charge. A call was then sont out for
Engineer Case aud Fireman Kosstcr.
They brought their engine to tho train
and coupled Il, On learning from the