Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1893-04-06

Toledo. April Judge Kicks, of the
fed raj court this morning delivered his
decision on the application of the Tole-
do. Ann Arbor X North Michigan rail
road to make permanent his temporary
injunction issued against the Lake Shore
Il Michigan Southern and other connect
| ing lines, on March IL, restraining
| them from refusing to accept from or
! deliver freight to the Ann Arbor road on
account OF boycott issued against the
Ann Arbor road by Chiefs Arthur and
| Sargent, Of the brotherhoods of locomo-
| tive engineers and tiremen, who were
on strike on that road The decision
was returned on an argument for con-
| tempt, of eight Lake Shore engineers
and tiremen who struck in preference
TO hauling Ann Arbor cars turned over
to the Lake Shore road
| The court room was crowded The
! decision is not as radical as the men
feared and does not assume to compel
men to work against their will Notice
! OF appeal was at once 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 cor
/ pOrauOn on Interstate commerce. He
| asserts the jurisdiction of the court
through the federal question involved
and quotes Chief Justice Marshall to
| show that Il federal judge has iuriSdic-
| ton on such cases, even though other
| questions not of a federal character are
involved. Judge Kicks then proceeded
| to recite the fact that when application
for an injunction was made to him in
| chambers in Cleveland an emergency
existed. He had issued a similar order
I i'll 1891 on the application of the Wheel
ing 4 Lake Erie railroad, and it was en-
| forced with beneticent results, against
| its striking engineers, foremen and
! trainmen.
The Judge held that roads connecting
with the Ann Arbor road were clearly
compelled under the interstate com
merct' act to receive from and deliver
| freight to that road and as corporations
CaIi Ouly act through agents, it WAS
! evident the mandatory provision of
| the law applied with equal force to all
officers and empoyes of the connecting
roads. He said the authority of The
court to issue such an order had been
! questioned. but ii rested on well-estab-
| lishcd principles, and quoted in support
ment from British equity
nfO ceilings.
I'd 4
dred he proceeded to read the circuit
court decision, consisting of himself and
Judge Taft, on the motion of the Ann
ArbOr company, asking temporary in
junction against Chief Arthur, and re-
Straining him from issuing any boycott
order against that road. The decision,
which was written by Judge Taft,
grants the injunction prayed for and
declares that if the members of the
brotherhood in obedience to rule - of
that body, boycott Ann ArbOr freight,
they become guilty of criminal conspir-
acy 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 1915 for run of q hundred
miles and extra for Overwork. The
time of compensation began when they
were called to take the engine from the
yard, and ended when they gave up
their engines in the yard, whether they
actually moved wheel or not. Their
services were due the company from
the hour when compensation began.
The period of service continued during
the time usually consumed in making
the run. During that period they were
constantly subject to orders Of the com
paIy, and the relation Of employer and
employee was 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 en-
gineerS and firemen, one after another,
quit the service of the company when
they learned they would be called ON
to haul cars destined for the Ann ArbOr
road. The court held they had right
to quit the service Of the road as they
did, and discharged them from CON
tempt, except Engineer Lennon, whom
the court found did not quit the roads
service in good faith but that he pre-
tended to do so in order to evade an
order of the court In view Of the fact,
however, that he declared 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 inf1icting a fine of $50 and costs.
The opinion closes with a warning,
now that the matter is well understood,
that in future engineers violating orders
of the court will be dealt with sum-
marty.
| The point of the decision is that a
man may quit the service of the COM
| pany at any time, if he quits in good
faith; but an engineer out on the road
must complete his run before quitting.
At the conclusion Of the reading Of
the decision by Judge Kicks, the attor-
} ney for the engineers arose and said
| that insofar as the decision in the first
case related to Lennon, he desired
| the court to note the exceptions and
would give notice that an appeal will
be taken. The same course was taken
by Hur(i with Judge Taft'S decision.