Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-04

morning 10 hear tho decisions OF Judges
Kicks ana Taft in the two cases grow
fDr out OF the Ann Arbor strike. Judge
Ricks's decision in the cases OF the
eight engineers and iremen arraigned
for contempt of Court, was first de-
livered amid breathless attention. 1t
was not as radical as the men feared
and does not ASSUME TO compel men TO
work against their will. Notice OF ap-
neal was at once given by General
rHprd. Judge Ricks's decision in full is
as follows:
This suit was instituted by the To-
ledo. Ann Arbor and North Michigan
+ Railway Company TO compel the Lake
Shore and NJ. s. railroad, the PennSyi-
vapia Company, and other defendants,
10 receive from 10 and TO deliver 70 IL
freight and cars destined from one
State 70 another, commonly known as
Interstate freight The bill was drawn
10 enforce the third section Oh the inter
State act, which provides;
'sThat it shall be unlawful Tor any
common carriers subject to the provis-
ions of this act 20 make or give any un-
due or unreasonable preference or al
vantage 20 any particular person, COM
pany, firm, corporation, or locaity' or
any particular description OF traihc' IN
any respect whatsoever, or 70 subject
any particular person or company, nrm,
corporation or locality, or any partlcu-
lar description of traffic, or any undue
or any unreasonable prejudice or disad-
vantage in any respect whatever. COM
mon carriers are defined by the stat
ute 10 be ''any common carrier or car
riers engaged ia the transportation or
passengers or property wholly by rail-
road or partly by railroad and partly by
water, when both are used under COM
mon control, MANAGEMENT or arrange
nept: for continuous carriage or ship
ment FROM one State or Territory OF the
United States or the District OF COlum-
fa TO any other State or Territory OF
be United States"
lThe subiect matter Of this litigation
s therefore the construction and en-
forcemeut Of an act Of Congress and
she court acquires jurisdiction because
81 the Federal question involved. That
such question is involved, i think too
plain for serious controversy. 1t is
Suffciept TO constitute a case for cog
nizapce by Federal court II 10 involves
but q single ingredient or question
dependent on the construction or a
law or treaty of the United States
although it may az the same time IN
volve any other question that depended
on the general principles or law. Chief
Justice Marshal, IN Osborne vs. u. >.
Bank. Wheaton 73S considered this
point and came 20 the following con-
cluSf0n. We think, then, that when
QUESTION TO which the judicial power OF
the upion is extended by the cOnstitut
ton forms an ingredient Of the original
Ease. il is I'm the power OF Congress
u give Circuit Cou rts Jurisdiction OF
Nat cause, although other QueS-
Ans Of fact or law may be involved
it.
Remedies Of a questionable character
might be invoked under statutes and
Common law, but the act Ia question
affords the broadest and most effective
relief. and the Jurisdiction is therefore
ssfely grounded upon that law.
Upon the filing of this bill on the l1th
dav of March and upon application Of
complainant to me, at chambers in
CLEVELAND. a mandatory injunction was
allowed, directed TO the defendants
there against the officers, servants and
employes, and IL was therein ordered
that the said defendants, Albert e.
Rlair. Jacob ). Morris, the Pennsylva-
MIA Company, the Lake Shore and Mich
fqaa Southern Railway Company, the
Michigan Central Railway Company,
the Cincinnati, Hamilton and Dayton
Railway Company, the Columbus, Hook
ing Valley and Toledo Railway COmpaRy,
the Toledo and Ohio Central Railway
Company. the Cincinnati Jackson and
Nackinaw Railway Company, and each
of them and their officers, agents, ser
wants and employees, be and are hereby
enioiped and restrained from refusing
10 offsr and extend 70 said. Toledo,
Ann ArbOr ana North Michigan Rail-
way. the same equal facilities for inter-
change OF trafic on Interstate buSi-
ness between said railway companies as
are enjoyed by other railway cOmpa-
mics. aud from refusing to receive from
said Toledo, Ann HarbOr and North
Michigan Railway Company, cars billed
from points in one State, TO points IN
another State, which may be offered TO
said defendant companies by the COM
pliant. aud refusing 20 deliver in like
manner to said compliant, cars which
may be billed over said complaints line
from points in one State to points tn
other States.
Ordered that a writ Of injunction be
issued out GRAND under the seal of this
court, as prayed for in the bill Of CON-
plant 10 remain in force until the
further order Of court herein"
The application for this order was
made TO me at chambers in Cleveland
late on Saturday night, March IL. The
situation set out In the bin disclosed an
emergency 10 which prompt action was
necessary. / had granted 3 similar
mandatory order in 1891 on'a bin for an
Injunction filed In this court by the
wheeling and Lake Erie Railroad, and
It was enforced with benefeent re-
suits as against its engineers,
fremen and trainmen WHO bad
refused TO handle interstate commerce
freight loaded on cars consigned 70 Veri-
Gus ports on Lakes Superior and Nichi-
gan. The bill 10 this case clearlT en-
titled the complainant TO relies as
srainst the defendant railroads, 10
we're threatening 20 refuse to receiV r
deliver Interstate freight.
The sectio Oi the interstate Cd