The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1893-04-12
DECISIONS ANNOUNCED
In the Railroad Strike Gases at
Toledo, o. ff0
Judge Rlcks Fines One OF the Engineers
$50 and Costs and Discharges the
Others From Custody Judge
Taft Declares Boycotting
Criminal Conspiracy.

TOLEDO, o., April Yesterday morn
ing in the United States circuit court
Judge Kicks rendered his own decision
in the case Of the Lake Shore engineers
and fremen who refused to handle Ann
Arbor freight, and read Judge Taft's
decision in the injunction case OF the
Ann Arbor railroad, wherein an injunc-
ton against Chief Arthur, Of the Broth
erhood OF Locomotive Engineers, re-
straining him from issuing, promulgat-
ing or continuing in force any rule OF
the brotherhood which shall require or
command any employees of the various
connecting lines TO boycott the Ann Ar
Dor road.
Judge Taft's decision was in effect
that the whole brotherhood was q con-
spiracy against the laws Of the country,
and that, inasmuch as Arthur gave the
orders that precipitated the boycott an
order for temporary injunction against
Arthur, as prayed for, was allowed.
Judge Rick's decision in the case OF
the Lake Shore men was briefly ns fol-
lows:
"This suit was instituted by the Ann
Arbor Railroad Company TO compel the
Lake Shore and other railroads TO han
die its business known as interstate
freight. The Interstate commerce law
made it mandatory upon connecting
railroads TO receive and deliver passen-
gers and freight, and to afford equal ia
cilities for the interchange OF traffic.
Corporations can act only through their
officers, agents and servants, 80 that
the mandatory provisions OF the law
which apply to the corporation apply
with equal force TO It's officers and en-
ployes The authority Of the court to
issue such an order has been questioned,
but 1t rests on we'll established princi-
pies ' ." t.'' '
"Itis said the orders issued In this
case are without precedent Every just
order or rule known to equity courts
was born Of some emergency to meet
some new conditions and was, there
lore in its time without precedent
II based on sound principles and benefi-
cent results follow their enforcement
affording necessary relief TO the one
party without imposing illegal burdens
on the other, new remedies and unprec-
cdented orders are not unwelcome aids
TO the chancellor TO meet the constant
ly varying demands for equitable relief.
AS hereinbefore intimated, the du-
ties of an employe TO n public corpora
ton are such 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 have been made TO appear; and
having fully considered them, ] con-
clude the Engineers Clark, Case Rut-
ger and conley, and their fremen as
named, quit the service OF the Lake
Shore & Michigan Southern railroad
under the circumstances when they had
right 10 do so,,and they are not,
therefore, In contempt Of court because
Of such conduct and they will be dis
charged.
'In reaching this conclusion have
treated these cases as criminal In char
acter and given the accused the benefit
Of the doubt, and especially as 10 the
extent TO which they had conspired "a
act concertedly in quitting service in a
way to injure their employer and aid in
enforcing boycott An act when done
~ an individual in the exercise Of q
right may be lawful, but when done by
a number conspiring TO injure or i'm
properly influence another may be un'
lawful One or more employees may
lawfully quit their employers service
at will but combination OF n number
Of them TO do 80 for the purpose Of In
juring the public and depressing EN-
ployes by unjustly subjrcting them tc
the power OF their conf derates for eX
tortion or for mischief Is criminal
with these views OF my duty an or
der will be entered that the accused
James Lennon, stands adjudged guilty
OF contempt and shall pay fine OF S5t
and the costs Of this proceeding, upor
payment OF which he will be discharged
from the further order Of the court
The orders made in this case rs 10 al
the connecting roads and their EN-
ployes who have continued in the serv
ice are still in full force, and II Is bu
Just to all concerned that the cour
should say that the laws and order
now having been fully interpreted an'
made public, any violations thereo
that may hereafter be made will b.
dealt with in spirit and purpose quit
different from that which has eontrolle'
us In this case"
The decision caused no surprise n
the result was In keeping with the pre-
liminaries Of the trial Attorney South
ard, counsel for the engineers informe,
sreporter that the case would be take
70 the appellate court at once.
Jumped to Their Death.
POINT ARENA, Cal. April A-Fir