Waterbury evening Democrat., 1893-03-22
WHO WILL WIN IN COURT
Ann Arbor Strike Case Now
 Before Judge Kicks.
WcE-pREsIDENT AsALETs VIEWS

The New Rules Which He Proposes to Put
 Men to Enlist-samusI Gompsrs Thinks
 that Judge Ricks' Dscision win Not
 stand Against Gresham's-ArEuments OI
 Counsel.
 TOLEDO, O., March 22.-When Judge Kicks began proceedings in the United States Court the building was crowded to its utmost capacity with locomotive engi neers, conductors, fremen, railway officials attorneys and spectators. One of the most important features of the Ann Arbor strika came up The Lake Shore attorney, E. D. Potter, and assistant counsel, and the Hon. Frank Hurd and Hon. John H. Southland constituted the legal talent acting in tho case.
 The point was made that Ann Arbor freight had been refused in violation of the Interstate Commerce law. The great issue, Mir Potter declared, was as to the right of the trainmen to leave their situations. The Lake Shore attorney began his ad- dress to the court by reading the first re- straining order issued by Judge Kicks, in which the connecting lines of the Ann Arbor railroad company, with their em- ployes were enjoined from refusing to handle the freight cars of that company. He also read several rules of the company, which are issued to the engineers and fire men when entering the service of the Lake Shore. They referred particularly to the duties of the men in obeying the orders of their | officers, and of the care and handling of the | property of the company.
 lie offered in eN dence the order of the | Lake shore company relating to quick service, in which 100 miles wages are al \ lowed for that distance or less. The order | relates wholly to time allowed to engineers | and firtmen.
 The defense sets up the plea that the men admit leaving their engines as soou as | they discovered Ann Arbor cars coupled in | the trains, but claim that they had not yet \ received notice of the remarkable court or | der
 The taking of testimony then followed \ Among the witnesses called were Master oi \ Motive Power Stevens and Foreman Bere den of the Lake Shore railroad aud the | striking engineers. The testimony thus far does not bear out the defense of thG strikers.
 The Brotherhood men are becoming des perate, and Chiefs Arthur and Sargent both declared that if the courts orders ars carried out their organizations are prac tically dead The present case will un doubtedly go against them.
 NEW YORK, March 22.-J. M. Ashley jr, vice president of the Ann Arbor rail road, speaking of the orders of Judges TAt and Kicks prohibiting railroad employe from boycotting Its freight, takes thu ground that the best way out of tho difh culty would be to have definite contract
 with employees which would bind both par ties.
 "The service rendered by railroad com
 panies," said he, lis public service, regu lated and controlled by law. This reRula \ tion and control relates directly to the COT
 poration and managing officers, and affect
 by implication only the employees of rail
 ways, whose services arc essential to tn
 public welfare" .s. ....
 He further stated that he had no doub
 that the decision of Judge Kicks would b
 sustained and that the decision of Judg \ Gresham in the case of the C., B. X 2
 strike will eventually be overturned. Mir. Ashley had a typewriter copy of ,
 new code of rules which he proposes to in \ troduCe at the next annual meeting of hi 1. road in April. By these rules the service
 rendered by the railway companies Iha
 be controlled by law, entran co into th
 railway servics is to be by enlistment for
 definite period, and all applicants are to b examined as to their mental and physics
 fitness for duty. Oath is to be talked als by the applicant to support the Constitu \ tion of the United States and to obey tn , \ laws of the State and nation. Sixty day B | notice is to be given by either side of d' sire to terminate their relations, boyco l \ ting and blacklistingare to be beprohibited all
 made felony with suitable punishmen a and the compensation of employees is to fixed at the time of enlistment" by nutul
 agreement.
 Samuel Gompers, after reading this pr' \ posed code of rules, said:
 . Ut would put the applicant in the pos ton of entering the army or navy. l ( not believe in it, and in any case applican
 must be mentally and physically competeI | to perform their duties Further, don . believe that the decision of Jddge Ricl 7 will stand, while 1 believe Judge Gresham
 decision will hold good"
 SchRefer-S -SlossOn Match on. , CHICAGO, March 22.-The Schaefe