New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-04-04

IT,. ,,,o. INV CHARGED with contempt must m tried
on the facts have been made To appear anu nav
ing fully considered them. conclude ua' r"e'
Clark Case Rutger and Conley. and their htenc' AZ
named Quit the service Of the Lake Shore ana c",'"
Southern Railroad under circumstances when tnc' "u
right 10 do So and that they are not Therefore " cur
tempt OF court because OF such CONDUCT anu '"'' wiz
be discharged. ,-,.o. r,no.
r,non tho facts OF the made against Engineer James
Lennon find no did not quit the service OF IN.
company IN fact. and did not intend 10 90 -" Nh, ~
his pretrncc to trick 10 evaae inc ouei "
tho court Being in the service OF Tie company "n''
no rcfuscd 10 switch Arbor car into the f az
Alexis and having then full knowledge OF the "rm anu
meaning OF the order OF the court that oruer ""' '
in full force and commanded him 70 10 '"e ., 'us
,e,uscd 10 do lie therefore deliberately ana knowingly
o,,oa the mandates OF the court, and was guilty Of
contempt. -, ,,do-
accent the protostaons Of Mr.. Lennon, rade nhner
oath that he did intend TO dso~y inc oru'l' ~.
court and did not believe he was violating inc law" VI Wv
TrnI,cd States He is member OF the brotherhood :"
Locomotive Engineers and supposed that "h'e N.e
under It's rules he was not arrayhg h'nisc" "k'' "
laws OF his country. This suit has a"o'u'u INV 80
an opportunity for declaring the laws appiIeaoio "
mc,ce,ccs and tho public interests have been 'he''
.ubserved This docs not Therefore seem 10 NV " "
the occasion when IT. would be wholesome OF y, tho
admission an exrmplsry punishment. The obcet oil .no
court 4, 10 uphold Nd vindIcac the laws without uhacr
49, .,rcurs,ancos showing disposition % Cypress or
punish those who have evidently been misieu. ,,
With these views Of my duty an orner WIZ w -,
that the accused James Lennon stands anuugcn u 49,
81 contempt. and 10 ply fine Of $50 ana tho co VI '
oc,ng u,.n ,aymcnt Of which he will DO Discharged
from the further orders OF the Court ..,,.,
The orders made in this case as u all inc cum" e
roads their employees who have coh'huea ~ "m COW
vice are still IN full force and II u puV '"'' " " 49,.
end tina, the Cours should that. the laws and oufs
having now fully interpreted ana maue p"o'' Wv,
violations ,ercof that may hereafter be made VIII o a
with in o spirit and purpose quite aineieh' i'o' ~
which has controlled US In this case
AK a Lake Shore or Ann Arbor striker 'o-high'
what he thinks OF the decisions. and he will pro"'-
blv rcplv: "Oh. / dunno These words Just
about express the general situation here at III"
,rcscnt time The majority Of the strik'r' seem
utterly unable TO decide for themselves whether
or not they have gained a point IN IN" coh'to-
yersy. and the intelligent public Is IN about 'h'
same fix a gre t many seem oil the OPINION ''r"'
the railroads have got the best OF the dea'' mas
much az the Injunction against Cm"i arthur n''
hocr made pcrpetual and the spirit of III" new
law promulgated by the Court carried out IN tue
conviction OF the defendant Lennon
On the other hand, those few strikcrs WHO uo
nre,cnd 10 understand the situation claim tha'
the Injunction against Arthur does not AFFECT ''''
in the least. nasmuch ~ lie has no Po"c' -
call strike or order boycott, ana that thc "i'-
charge Of the other strikers IL an c'idch'"
that il will he almost impossible TO enforce the
service Of a railroad TO handle the freight OF any
other road on which there may exist "A boycott.
Tho ttcrncys for the Brotherhood assert that ticre
was no more reason for the conviction OF Lennon
than there was for the conviction Of the other
strikers All the objections made by the court ID
the charges Of the prosecution against the o'h'i
strikers apply they say, Just rs well 10 Lennon
case The only possible dnercnce.they claim ~ ulat
| Lennon WAS on the road In the PERFORMANCE Of
| contract when he quit work They admit that h"
ka hold ls
| triC bu; say that III that case the United STATES
| Court would have no jurisdiction IN th' mater
! and that il he we've 10 b. held on the chafge h
| would have TO be tried IN criminal court anu
| dealt with accordingly. The case, these attorneys
| claim. has not been finally and completely con
sidered The matter has resolved Itself DOWN W
tLc 6riginaI question OF whether or not the en-
roycs Of Il railroad shall have the rIght To qm,,
| work when they feel so disposed In Hplte OF az,
| claims 70 the contrary, the attorneys claim tha'
this il the real situation; and they SAY that IL 'ir
courts of last resort decides that employees snail
not have the right 10 quit, the entire system OF
| labor unionsm in this country VIII ne "i'ck'F,;
and that Government control Of the railroads VIII
| not be far Oh ,,
| tending 10 show that either Mr.. Arthur or any OF
| his men entered into "A criminal conspiracy ne
| oct of quitting was not, they say, done with ~"
| intention OF producing disastrous results 10 me
| propcrty or business Of the roilroa1s III WORK
| ,nqmen are not to br allowed TO act in concert
| for the purpose OF securing higher wages without
being held Liable for criminal conspiracy, then the
| strike system is done away with forever.
Both cases will be appealed at once 20 the courts
| nj last resort The contempt case will be taken
| 10 the Supreme Court on the ground that the de-
| PENDANT Lennon was not properly informed Of the
| proceedings: that he was not subpoena"d accord
ing TO law: that he had not seen the order oil ~"
| Court or understood its import, and that the
Court has no jurisdiction in the matter, the plain
| tirs both being corporations organizcl under the
laws Of Michigan. and there being no Federal
| questions involved. The against Chief Ar
thur will be appealed to the Circuit Court Of An
| peals on the ground that no evidence has been
| nroduccd TO show that the defendant in any
| way guilty Of conspiracy or that he invited any
| of his men to engage in conspiracy against the
| roads i'm question.