The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-04-04
TOLEDO STRIKE CASE.
Chief Arthur Enjoined From Is
sue Of Boycott Orders.
THE ENGINEERS ARE FINED.
Their Cases Will BE Appsaled-The
judges Rule That the Boycott
Plan IL . Conspiracy.

TOLEDO, April AFTER the decision In
the contempt case had been rendered to-
day the motion Of the Ann Arbor railroad
for . temporary Injunction against Chief
Arthur to restrain him from issuing boy
colt order was decided. This was Q de-
cision of Judge Taft, but was read by
Judge Kicks in the absence of the former.
It begins by stating that the original bill
was against eight railway companies, but
had been amended so a. to include Chiefs
Arthur and Sargent. The latter being .
nonresident of this district, the bill
against him had been dismissed. As to
Arthur, the amendments charge that he,
as chief of the Brotherhood, exercises .
controlling influence upon its members in
all matters treated by its rules and reguia-
tions; that one Of its rules requires all its
members in the employ OF any railroad
company, whenever an order to that effect
Is given BY the chief officer, refuse to re-
ceive, handle or carry cars Of freight nom
any other railroad company whose en-
ployes, members Of said association,
have engaged in strike; that
such strike had been declared against
the complainant by members of the
Brotherhood. with Arthur's consent and
approval; that Arthur now publicly an
nounces that unless the complainant sub
mits to the demands Of the striking en-
ployes he will order the rule enforced, and
that the rule is in direct coptravention of
the interstate commerce law and intended
to induce the employees of the defendant
companies to violate that law and the
previous order Of the court, and that
Arthur, with others, is conspiring to that
end. The Judge cites rule 10 of the Brother
hood and holds that if it had been enforced
the members would have to enter into
criminal conspiracy against the country,
and their organization in that case would
become illegal. The temporary injunction
prayed for is, therefore. allowed.
Judge Kicks, of the Federal court,
delivered his decision ON the appii-
cation of the Toledo. Ann Arbor
Il North Michigan railroad to make
permanent his temporary injunction
issued against the Lake Shore &
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
boycott issued against the Ann Arbor road
by Chiefs Arthur and Sargent. The de-
tempt Of eight Lake Shore engineers and
firemen. who struck in preference to haul
ing Ann Arbor cars turned over to the
Lake Shore road.
The courtroom was crowded. The de-
cision was not rs radical Is the men feared
and does not assume to compel the men
to work against their will, but notice of
appeal was at once filed on behalf of the
men. Judge Kicks began by quoting the
provisions of the interstate commerce law
forbidding discrimination by any common
carrier against any person or corporation
on interstate commerce; he asserts the
jurisdiction of the court through the
Federal question involved and quotes Chief
Justice Marshall to show that q Federal
judge has jurisdiction in such cases,
even though other questions not of
Federal character may be involved.
Judge Kicks then proceeds to recite the
fact that when the application for an in
junction was made to him in his chambers
in Cleveland on March II an emergency
existed. He had issued similar order in
1891 on the application of the Wheeling &
Lake Erie railroad and it was enforced
with beneficial results against its striking
engineers, fremen and trainmen. The
judge held that o road connecting with
the Ann Arbor road was clearly compelled,
under the interstate commerce act, to re-
ceive from and deliver freight to that road,
and as corporations can only act through
their agents it Was evident that these man.
datory provisions applied with equal force
to the officers and employees of connecting
roads. He said the authority of the court
to issue such an order had been questioned,
but it rested on we'll established principles,
and ne quoted in support of this state
ment from British equity proceedings.
The court then reviewed the terms on
which engineers are employed by the Lake
Shore road. He said:
They were paid g. IS for run OF 100 miles and
extra for overwork. The time of compen salion
began when they were called to take their en-
gines from the yard. Whether they moved
wheel or not. their services were due the COM
pany from the hour when their compensation
began. aud their period of service continued
during the time usually consumed In making
the run During that period they were con-
stantiy subject TO the orders OF the company,
and the relations of employer and cmployo
were In force from that time. This is the most
limited time that can be- claimed for their term
of service. The court then reviewed how the
engineers and firemen at the baY OF the court
one alter another quit the service OF the com.
pany when they learned that they had been
called On TO haul cars destined for the Ann Ar
Dor road. The court held that they had right
10 quit tie service Of the road as they did, and
discharged them from contempt except Eu-
g!neer Lennon, whom the court found did not
quit tie roads service III good iaith, bn. tina. he
pretended 10 do so IL order 10 evaie the order O.,
The court. III View Of the fact, however, that
he declared under oath that he had no in ten
ton Of violat ng the laws, aud did not think he
was doing SO, the court would b. lcnient with
him, merely int.ici.ng a ane of $50 ana costs
The opinion Closed with warning, now that
the matter was we'll understood. that in future
engineers violating the orders of the cour,
would &c dealt with sumnlarliy
~ the conclusion OF the reading of the
decision by Judge Kicks the attorney for
the engineers arose and said that in so far
the decision in the first case related to
Lennon, he desired the court to note ex-
ceptions. and he would give notice that an
a2pea! Viii he taken. The same course
WAS taken b. Hu-d with Judge Tait's de-
clsion.
CLEyELtSp. April 3-P. VI. Arthur,
grand chef OF the Brotherhood of Loco
motive Engineers, vas asked This after
noon waa, tie intended doing IN view of
the tact OF the decision OF the United
states district court being against the men.
Arthur smiled when told about the decis-
ion. and said:
ltls ali r.ght don't know VIVA, We will do
now have not gwen the mater a moments
thought. bat the engineers viii To ali righ. in
eny event
VIA, Mi BE- ths effect o. this decision in the
injunction snii against yoa'
snppose that II viii euio.n me from issuing