The record-union., 1893-04-04
Special to the REcoRD-UN1ox.
Quitting a Company.

| Federal Court this morning delivered a
decision on the application of the Toledo,
Ann Arbor and North Michigan Rail
road to make permanent his temporary
injunction issued against the Lake Shore
and Michigan Southern and other con-
Meeting lines. on March llth, restraining
them from refusing to accept from or de-
liver freight to the Ann Arbor road on
account of the boycott issued against that
road by Chiefs Arthur and Sargent of the
Brotherhoods Of Locomotive Engineers
and Firemen, who were on AZ strike on
that road.
The decision turned on the arraignment
for contempt of eight Lake Shore en-
! gineers and tiremen who struck in pref
erence TO hauling Ann Arbor cars turned
over to the Lake Shore Road.
The courtroom was crowded The de-
ciSion is not as radical as the men feared.
and does not assume to compel them to
work against their will. \ Notice of appeal
will at once be filed in behalf of the men.
Judge Kicks began by quoting the pro-
visions Of the interstate commerce law
forbidding discrimination by any COM
mon carrier against any person or corpo-
ration or interstate commerce: asserts the
jurisdiction of the court through the Fed
eral question involved, and quotes Chief
Justice Marshall to show that a Federal
Judge has jurisdiction in such cases,
even though other questions not of Fed
eral character are involved.
Judge Kicks then proceeded to recite
the fact that when the application for an
injunction was made to him in chambers
IN Cleveland, March 11th, an emergency
existed. He had issued a similar order
IN 1891, on the application of the Wheel
ing and Lake Erie Railroad, and it was
enforced with beneficent results against
It's striking engineers, firemen and train
men. The Judge held the roads connect
! Ing with the Ann Arbor road were clearly
compelled under the Interstate Com
merce Act to receive from and deliver
freight to that road, and as corporations
can only act through their agents, it 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
1t rested on well-established principles,
eAN HNAObSof III otDpOIl VI IDe statement,
from British equity proceedings.
After Judge Rick's decision was rem
dered he proceeded to read the decision
OF the Circuit Court, consisting of himself
and Judge Taft, on the motion of the Ann
Arbor Company, asking a temporary in
junction against Chief Arthur, restrain
ing him from issuing any boycott order
against that road. The decision. which
was written by Judge Taft, grants the
injunction prayed for and declares if the
members of the brotherhood, in obedi-
ence to rule L of that body, boycott the
Ann Arbor freight, they ''become guilty
of criminal conspiracy against their
country"
The court then reviewed the terms on
which the engineers were employed by
the Lake Shore road. They were. he
said, paid So 10 for the run of hundred
miles and extra for overwork. The time
of compensation began when they were
called to take the engines from
the yard and ended when they gave up
the engines in the yard whether thew
actually moved a wheel or not Their
services were due the company from
the hour when compensation BEGAN.
The period of service continued dur
ing the time usually consumed in
making the run. During that period
they were constantly subject to the orders
of the company and the relation of en-
ployer 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 thev 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, ex-
cept Engineer Lennon, whom the court
found did not quit the roads service in
good faith, but that he pretended to do
so in order to evade the order of the
court. In view of the fact, however. he
declared under oath that he had no in
tention of violating the laws, and did not
think he was doing 50, the court would
be lenient with him, merely inf1ictinp n
fine of $50 and costs.
The opinion closes with a warnino
now the matter is well understood. that
in future engineers violating the orders
of the court will be dealt with summarilv.
- After the decision in the,contempt cases
was rendered, the motion of the Ann
Arbor Railroad for a temporary iniunc-
ton against Chief Arthur to restrain him
from issuing the boycott order was de-
cided. This is decision of Judge Taft.
but was read by Judge Kicks in his ab-
sence. 1t begins by stating that the
original bill was against eight railway
companies, but amended so as to include
Chiefs Arthur and Sargent. The latter
being a nonresident of this district. the
bill against him was dismissed. As to
Arthur, the amendment charges that he.
as Chief of the Brotherhood, exercises a
controlling influence upon its members
in all matters treated by its rules and
regulations; that one of its rules requires
all its members in the employ of any
railway 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, men,
bers of said association, have en-