The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-04-04
MUST TAKE ALL FREIGHT
Railroads Cannot Refuse to Ex-
change Business With a
Line in Trouble.
Trainmen B%oyootting Freight Are
"auilty Of Conspiracy Against
Their Country"
But They May Quit the Service Of 4
Road In Good Faith at Any
Time.

TOLEDO, o.. April A-JudRs Rioks.
Of the federal COURT this morning
delivered a decision on the appli-
cation Of the Toledo. Ann Arbor
d North Michigan railroad to make permA-
nent his temporary Injunction issued
against the Lake Shore g. Michigan South
stn and other connecting lines, on March
II, restraining them from refusing to &C.
cspt from. or deliver freight to. the Ann
ArboE road. on account OF the boycott 10.
sued against the Ann Arbor road by Chiefs
Arthur and Sargent. of the Brothsrhoods Of
Locomotive Engineers and Firsmsn, Who
we're on q strike on that road. Tho dc.
cision turned IN the argument for con-
tempt of eight Lake Shore engineers and
dkemen, who struck in preferences TO haul
ing Ann Arbor cars turned over to the Lake
Shore road. The court room was crowded.
The decision was not ~ radical az the men
feared. and does not assume to commit the
men to work against their will. Notice of
appeal was at once filed on behalf Of the
men. Judge Kicks begun by quot
ing the provisions of the inter
state m law f%orbidding dis
elimination by any common carrier
against any person or corporation on inter
state commerce.; asserted the jurisdiction
of the court, through the federal question
Involved. and quoted Chief Justice Mat
shall to show that q federal judge has iuris.
diction In such cases. even though other
question: not of a federal character are in
volved.
Judge Kicks thon proceeded to recite the
fact that when the application for injuno-
ton was made to him in chambers in Glove
land March II an emergency existed. He
had issued a tbmilar order in 1891 on appli-
cAtion of the Wheeling & Lake Erie rail-
road and it was enforced with boneAcent
results against its striking engineers and
6remen and trainmen. Tbs judge held
that roads connecting WITH the Ann Arbor
road are clearly compelled under the inter
state commerce act to receive from and
deliver freight to that road. and az corpor-
Stions can only act through agents il 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
order had been questioned, but it rested on
we'll established principles. and he quoted
In support Of the statements from British
equity proceedings.
After Judge Riok's decision was rendered
AS W. ASVA ~ ot0A Va VAo
circuit court, consisting OF himself md
Judge Taft, on the motion of the Ann Arbor
company. asking. a temporary injunction
nRainst Chief Arthur, restraining him from
iAsuinR any boycott order against that road.
The decision. which WAS written by Judge
Taft. grants the injunction prayed for and
declayes that IL member OF HE brother
hood, in obedience to rule u of that body,
boycott n Arbor freight. the7 become
guilty OF criminal conspiracy against their
1-~ko ~ Nho ~r.e kh-- -s--- AL-
terms on which engineers are employed by
the Lake Shore road. They were, no said.
paid 1915 for u run of 100 miles, and extra
for over-work. The timo of compensation
began when they were called to take their
engines from the ysrd, and ended when
yard. Whether they actually moved
n wheel or not, their services are due the
company from tho hour when componsa-
ton began. the period of service contin-
ued during the time usually consumed in
making a run; during that period they
company. and the relation Of employer and
employe was in force from that time. This
is the most limited time that can DO
claimed for their term of services.
The court then reviewed how tho en-
gineers and iremen at the bar of the court,
one after another, quit the service Of the
company when they leaned they had been
called on to haul cars destined for the Ann
Arbor road. The court held they had a
right to quit the services OF the road, al
they did. and discharged them from con-
tempt. except Engineer Lennon, who. the
court found, did not quit the roads service
in good faith, but that he pretended to do
so in order to ovade the order of the court.
In Wow of the fact. however, that he de-
clared under oath that he had no intention
of violating the laws, and did not think he
was doing so. the court would be lenient
with him. merely infiotinR a fine of $50
and costs.
The opinion closed with a warming, now
that the matter is we'll understood, that in
future engineers violating the orders Of tho
court would be dealt with summarily. The
point of the decision is that a man may quit
the service OF the company at any time if
he quits in good faith. but an engineer out
on a lun must complete his run be fore
quitting. -