The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-04-04

Clude that Engineers ClnrK, case, nut
ger and Conley and their tlremen named
quit the service OF the Lake Shore and
Michigan Southern under circumstances
when they had n right to do 80, and
that they are not therefore in contempt
OF court because OF such conduct and
they will be discharged.
Upon the facts Of the case made
against Engineer. James Lennon, l find
that he did not quit the service OF the
company in fact, and did not intend to
do SO, and that his pretensA to do 30
was trick to evade the order OF the
court. Being in the service OF the COM
pany when he refused to switch the
Ann Arbor train into Alex is, and hay
ing full knowledge OF the terms and
meaning OF the order Of the court, that
order was then in iull force and COM
maRded him to do the very thing he
refused to do. He, therefore, deliber-
ately and knowingly violated tho man
dato OF the court and was guilty OF con-
tempt. ] accept tho protostations OF
Mr.. Lennon made under oath that he
did not intend to disobey the orders OF
the court, aud did not believe he was
violating the laws OF the United States
He is u member Of the Brotherhood OF
Locomotive Engineers, and supposed
that while acting under it's rules he was
not arrying himself against the laws OF
his country.
This suit has afforded the courts an
opportunity for declaring the laws APP
plicablo to such emergencies have been
thereby subservod. This does not
therefore, seem to be the occasion when
1t would be wholesome or wise to adj
minister an exemplary punishment.
Tho object OF tho court Is to uphold
and vindicato tho law, without under
the circumstances showing disposi-
ton to punish or oppress those who
have evidently been misled. With
these views OF my duty an order will
be entered that tho accused, James
Lennon, stands rs guilty OF contempt,
and pay fine OF $50 and costs OF this
proceeding, upon payment OF which he
will be discharged from the further or.
dor OF tho court.
The orders made in this case to all
tho connecting roads aud their en-
ployes who have continued in the SER
vice are still in full force and it is but
Just to all concerned to say that the law
and orders having now been fully in
terpreted and made public any viola
tions thereof that may hereafter be
made will be dealt with in spirit and
purpose quite different from that which
has controlled US in this case.
CHIEF ARruUR's CASE.
After the decision in the contempt
cases had been rendered the motion Of
tho Ann Arbor for temporary iniunc.
tion against Chief Arthur to restrain
him from issuing, promulgating or con-
tinuing in force amy rule or order ofsaid
brotherhood, which shall require or
command any railroad companies
named herein to refuse to handle and
deliver any cars or freight in course OF
transportation from one state to an
other to the complainant, or refusing 10
receive and handle cars Of such freight
us has been hauled over complainant's
road, and also from in any way directly
or indirectly endeavoring to persuade
or induce any Of the employees OF the
defendant companies whose lines con-
meet with the railroad company COM
plainant not to extend to said company
the same facilities for interchange OF in.
ter.state traffic as are extended by said
companies to other companies. This
decision was by Judge Taft, but was
read by Judge Kicks in his absence.
Judge Taft began by stating that the
original bill was against the railway
companies, but was amended so as to
include Chiefs Arthur and Sargent,
I he latter being nonresident Of this
district tho bill as against him was dis.
missed for want Of Jurisdiction.
AS TO Arthur the amendment charges
that he, rs chief of the Brotherhood,
exercises a control in all matters con-
corning its rules and regulations, that
one OF its rules requires all members in
the employ OF a railroad, whenever an
order to that effect shall be given by Its
chief officer, to refuse to receive, handle
or carry cars OF freight from any rail.
road company whose employees mem.
bers OF said association, have engaged
in n strike; that such q strike has been
declared against the complainant by
the members oil the brotherhoou witn
Arthurs consent ana approval; that
Arthur now, puDllciy announces that
unless complainant shall submit to tho
demands OF Its striking employees no
viii order the rnlo above stated en-
forced that tho ruIe IS n direct contra
vention OF the Interstate commerce law
and is Intended TO induce the employees
OF tho defendant companies to violate
that law ana tho previous order OF TINS
court and that Arthur, with others, is
conspirlng TO that end llo goes on TO
state that the bill lnvokes tho courts
ChanCery powers to protect tho com.