The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1893-04-04
Judges Kicks and Taft Bender Opin.
ions In the Ann Arbor Strike
Cases.
One Holds That the brotherhood OF
Locomotive Engineers Us d
Conspiracy.
BY the Other Engineer Lennon liz Fined
for ConteEYt in Refusing Ann
Arbor Freight.

rendered h1s own decision In the case OF
the Lake Shore engineers and firemen
who refused TO handle the Ann Arbor
freight. and read Judge Taft's decision
in the injunction case OF the Ann
Arbor railroad, wherein an injunction
against Chef Arthur of the Brother
hood of Locomotive Engineers, restrain
ing him from issuing, promulgating or
continuing in force any rule Of the
Brotherhood which shall require or de-
mand any employees, of the various con-
Meeting lines to boycott the Ann Arbor
road.
The Decision.
In substance the decision In the latter
case Is al follows: A temporary re-
straining order was issued by me
against Arthur. A hearing has since
been had and the question now il
whether on the evidence produced the
order shall be continued in force until
the final decision in the case. The or
iginal bill was filed against eight rail
way companies. An amendment was
afterwards filed making two new de-
PENDANTS, P. NJ. Arthur and r. r. Sar-
gent Sargent was subsequently dis
charged as he was q nonresident OF the
district.
As to Arthur, the amendment charges
that he. as chief of the brotherhood, had
a controlling influence upon it's mem
bers in all matters, and that none of its
rules requires all it's members In. the
employ Of any railway company, when
ever an order to that effect shall be
given by its said chief officer, to refuse
to receive, handle or carrycars offreight
from any other railroad company whose
employees, members Of said association
have engaged In strike; that sdch
q strike has been declared against
the complainant by the members
Of the brotherhood by Arthnr's
consent and approval; and that
Arthur now publicly announces that
unless complainant shall submit to the
demands of its striking employees, he
will order the rule above stated cd
forced; that the rule is in direct contra
vention of the interstate commerce law
and lie intended to induce the empl0yes
of the defendant companies to violate
that law and the previous order -of. T. ID
court, and that Arthur with others 10
conspiring to that end. II
The decision in effect holds that the
whole brotherhood is a conspiracy, and
continues the injunction against Chief
Arthur.
Judge Kicks Decision.
Judge Kicks decision in the case Of
the Lake Shore men was briefly as
follows:
This suit was instituted by the Ann
Arbor Railroad company to compel the
Lake Shore and other roads to handle
its business known as interstate freight.
The interstate Commerce law made it
mandatory upon1 connecting railroads
to- receive and deliver passengers and
freight, and to afford equal facilities
for the interchange of traffic. Corpo-
rations can act only through their off,
GERS. agents and servants, so that the
mandatory provisions of the law which
apply to the corporation apply with
equal force to its officers and employees.
The authority Of the court issuing such
an order has been questioned, but it
rests on well established principles. It
In said the orders issued in this case
Are without Precedent.
Every just order Or rule known to
equity courts was born of some emer-
genco to meet some new conditions and
was therefore, in its time, without q
precedent. If based on sound princi-
pies and beneficent results follow their
enforcement, affording necessary relief
to the one party without imposing Il
legal burdens on the other, new RENE
dies and unprecedented orders are not
unwelcome aids to the chancellor to
meet the constantly varying demands
for equitable relief.
Cannot Always Quit. s.oif'
AS hereinbeforc mentioned the duties
Of an employee Of q public corporation
are sach that he cannot always choose
his own time for quitting that service.
The parties now charged with con-
tempt must be tried on the facts as they
udNo ICcA hAuuC w ppCdA anu HhNIuB
fully considered them ! conclude that
Engineers Clark. Case, Rutger and
Conley and their firemen as named,
quit the service OF The Lake Shore and
Michigan Southern railroad under cir.
cumstances when they had a right ia
do so, and they are not therefore in
contempt OF court because of such con-
duct and they will be discharged.
Get the Benefit Of the Doubt.
In reaching this conclusion / have
treated these cases as criminal in char
acter, and given the accused the benefit
OF reasonable doubt, especially az to. ~
extent to which they had conspiredy4
act concertedly in quitting service In l
way to iniure their employer, and aid
IN enforcing q boycott. An act YAe1
done by an individual in the exercis0iol
. right may be lawful, but when dons
| by q number conspiring 10 injure o1
improperly influence another, may b,
unlawful. One or more employees maj
lawfully quit their employers servicl
at will; but ) combination Of . nu1nbsl
OF them to do 30 for the purpose ofsin
juring the public and expressing en-