The morning call., 1893-04-04
NO MORE BOYCOTT.
Judge RiCks Settles the
Question.
NO MAN COMPELLED TO WORK.
But If He Labors He Must Perform
That Labor Called for in His
Contract.
NO MAN COMPELLED TO WORK


TOLEDO, April 3.-Judge Kicks of the
Federal Court this morning delivered a
decision on the application of the Toledo,
Arm Arbor and North Michigan Railroad
TO make permanent his temporary injunc-
tion issued against the Lake Snore and
Michigan Southern and other connecting
| lines, on March II, restraining them from
refusing TO accept from or deliver freight to
the Ann ArbOr road on account of the boy
colt issued against the road by Chiefs
Arthur and Sargent of the BrotherhoOds
OF Locomotive Engineers aud Fremen, who
were on strike on that road.
The decision turned on the arraiGnment
for contempt of eight Lake Shore engineers
and tiremcn, who struck in preference to
hanllng Ann Arbor cars turned over to the
Lake Shore road.
Judge Kicks began by quoting the pro-
visions of the interstate commerce law for
bidding discrimination by any common car
rier against any person or corporation on
interstate commerce; asserts the jurisdic-
tiOn OF the court through the Federal Ques-
ton involved, and quotes Chief Justice
Marshall to show that a Federal Judge has
! Jurisdiction in such cases, even though other
questions not of a Federal character are
involved.
Judge ri ks then proceeded to recite the
! fact that when the application for an in
! junction was made to him in chambers in
! Cleveland, March II. an emergency existed.
| He had issued a similar order in 1891, on the
! application OF the Wheeling and Lake Erie
/ Railroad, and it was enforced with benef-
| cent results against its striking engineers,
! tiremen and trainmen. The Judge held the
| roads connecting 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 their agents, il was
| evident the mandatory provisions Of the law
| applied with equal force to all officers and
! employees Of the connecting roads. He said
! the authority of the court to issue such an
| order had been questioned, but it rested on
! wel'-esta blished principles. and quoted. IN
| support of the statement, from British
| equity proceedings
| The court then reviewed the terms on
| which the engineers were employed by the
| Lake Shore road. They were he said, paid
: S. 10 for the run of a hundred miles and
/ extra for overwork. The time of cOmpen-
sation began when they were called to take
the engines from the yard and ended when
! they gave up the engines in the yard
! whether they actually moved a wheel or
! from the hour when compensation began.
| The period of service continued during the
| time usually consumed in making the run.
! During that period they were constantly
| subject to tile orders Of the company and
! the relation of employer and emplOye were
! in force from that time. This was the most
| limited time that can be claimed for their
| term Of service.
| The court then reviewed how the engi-
neers and fremen at the bar Of the court,
one after another, quit the service OF the
! company when they learned they had been
called On TO haul the 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 cult the roads service In good faith,
but that he pretended to do so in order to
eyade the order of the court. In view of
the fact, however, be declared under oath
that he had no intention of violating the
laws, and did not think he was doing so.
So the court would be lenient with him,
! merely inficting fine Of $50 and costs.
The opinion cl ses with warning, now
the matter is well understood, that in the
! future engineers violating the orders OF the
| court VIII be dealt with summatily.
After the decision Of the contempt cases
had been rendered the motion Of the Ann
/ Arb0r railroad for temporary injunction
! against Chief Arthur to restrain him from
! Issuing boycott order was decided.
This was a decision of Judge Taft, but
| it was read by Judge Ricks in his absence.
1t begins by stating tha. the original bill
was against eight railway companies, but
that it had been amended so as 10 include
| Chief Arthur and Sargent. The latter,
! however, being a NONRESIDENT in this dis
| triet, the bill against him lad been dis
| missed. AS to Arthur, the amendment
| charges he, as chief Of the brotherhood,
| exercises controlling influence upon its
members in all matters treated by its rules
| and regulations; that one Of its rules requires
ali its members in the employ Of any rail
| road 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 companies whose
employees, members of said association,
have engaged in a strike; that such strike
was declared against complainant by the
| members OF the brotherhood with Arthur's
| consent and approval; that Arthur now
| publicly announces that unless the CON-
| plainant submits TO the demands Of the
striking employees he will order the rule
enforced; that such rule is in direct contra
yentiOn of tie interstate commerce law,
and is intended TO induce employees Of the
| defendant companies to violate that law
and the previous order OF the court, and
! that Arthur, with others, was consDiriug 20
| that end.
The Judge cites rule u of the brother
hood, holds that if it be enforced the men,
| bers enter into criminal conspiracy
against the country, and their organization
in that case becomes Illegal The tempo
rary injunction prayed for is therefore
| allowed
At the conclusion Of the reading of the
! decision by Judge Kicks the attorney for
the engineers arose and said that in so far
as the decision in the first case related to
| Lennon he desired the court to note excep-
tions, and he would give notice that an
appeal Will be taken.
The same course was taken by Hurd with
respect TO Judge Tafts decision.
NOT MICH DISTIIDREn