New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-04-04
CHIEF Arthur ENJOlNED.
DECISIONS OF JUDGES TAFT AND RICKS IN
THE ANN ARBOR CASES
TIE BOYCOTuNG OF FREIGHT BY BROTHER.
HOOD ENGINEERS WOULD De CRIMINAL con-
-PIRACY-OXLY ONE OF THE EIGHT Ar
RESTED LAKE SHORE EMPLOYEES
PUNISHED FOR CONTEMPT.

PUNISHED FOR CONTEMPT.
Toledo April 3-In the United States Circuit
Court this morning Judge RclSs rendered his own
decision in the case of the Lake Shore engineers
and iircmcn who refused TO handle Ann Arbor
freight, and then read the decision Of the Circuit
Court, composed OF himself ard Judge Taft, in
the motion of the Ann Arbor Railroad Company
asking a temporary injunction against Chief
Arthur. restraining him from issuing any order
which shal! require or command any empOye Of
any OF the defendant railroad companies to re-
fuse TO receive, handle or deliver any cars of
freight in course OF transportation from one State
to another from and to the Ann Arbor road, and
prohibiting him from in any way, directly or
indirectly endcavorng to persuade or induce any
employees Of the railroad companies whose lines
connect with the Ann Arbor not to extend to the
said company the s1mc facilities for interchange
of Interstate traffic as are-eXtendcd by said com.
panies TO other railways
The latter decision which written by Judge
Taft, grants the injunction prayed for, and de-
clares that if the members OF the Brotherhood, IN
obedience to Rule IL, boycott freight, they " be-
come guilty of criminal conspiracy against their
county," The decision is in substance as iol-
lows:
temporary restraining order issued by against
AFthuf, cNpifV since uc'ii h'u' h'"
the question IS whether, the Evidence produced
order shall be continued force until the final
decision In the The original bill filed against
eight railway companies An amrndment wa, aft'r"ard
filed. making TWO new defendants. F. VI. Arthur and
+. =. subsequently, discharged. as
he nonresident OF the district AS TO Arthur the
amendment charges that he chief OF brotherhood.
exercises controlling influence upon its members IN all
r. and Of It's rules requires all Its members
employ Of any railway company whenever order
to rrr he said chief officer. TO
refuse handle carry cars Of freight from any
other railway company whose employees arc member, OF
said association who have engaged in strike such
the strike which has been declared against the com
lalnant by Of Brotherhood with Athur's
and approval that Arthur publicly announces
that unless complainant shall submit TO the demands OF
striking employees, he will order the rule above tated
ou,orcci that direct contra,entIon Of the
Interstate Commerce law and is intended induce the
employees the different companies Nioote that law
and the previous order OF this Court and that Arthur.
with others Is consplring to that end.
The Iu dicton OF this Court to hear and decide the
ease mad, by bill be maintained the ground
the diverse czc ship Of parties II II exists 1t must
arise rom the SUBJ ct.matter OF the SUIT Inc Dill IN
vokes chancory powers OF this Court protect the
conpl, nsnt right, which claims under the act OF
Congres, passed February 1887, known the Inter.
act and act amcrdng IT, passed March
., 1889. These acts were passed by congress In inc
OF the power conferred II by tn Federal
Constitution, regulate commerce with foreign nations,
ccic' ian, Arthur contend that thu Int It te
Commerce law ard it, amtLdmtnts ony dcclaraiory
Of Law. which gave the same rights 10 CON-
panant ami that therefore this is not OF Federal
jurisdiction.
The original Jurisdiction Of this extends by
OF Congress passd August 49, 1883, all suits Of
clyn law In equity where the mat
dispute exceeds, exclusive Of Interest aai co- the
sum or value of 81 900 and arising under the onstitu
ton or laws Of the United States. The bill makes the
necessary aycrment the amount In dispute. IL Is
lmuaicrial what rights the complainant would have had
before the lu~-ir Of the ntri-iat" Commerce law. IL
Congress, In the constitutional exercise
~ power Ia, given positive sanction Of the Federal
law TO the rights secured In the statute and any in
vol,ine OF these right, Thi~ (. case
arising under tine Laws Of tn" United States.
The brotherhood o Locomotive Engineers l. an assoca-
tlon Organized In isG3 whose members locomotive
engineer in active service in the United states Mexico
aud the Dominion Of canada. Their numbcr + 81 600.
tn engaged with the different companies are
mot o them mcmhcr> OF the Brotherhood Tn" purpose
Of the brotherhood declared In its constitution to be
noic cncctually combine the interests OF locomotive
engineer. to elevate their sanding such and their
character a, mcii. These ends sought To be OBJ
taind by r,quirlng that every member shall b" man
Of good moral character. OF temlsfa" habits. and loco
motive engineer In service, with years eNlc
encr and hv imposing penalty II expulsion upon
member guilty Of dlsgaccfn conduct dunkennc-' Of
neglect duy injury tn" property OF the employer
Of cndanGering the lives OF persons.
Judge Taft then runs over the occurrences dur
ing the strike. stating that Arthur s"nt the t"le-
grams T. eleven chairmcn of the general ADJUST
mcnt committees on as many dlilcrcnt railroads,
giving them notice that legal strike was on and
10 obey the laws of the brotherhood. The opn-
ion continues
legal strike" in Brotherhood porancc. means ono
by tn Grand thcf. His consent + ncc"s
.ary under the order cntitlc the thus
Of employment the thr' months pay allowed to
striking Arthur admits that the particular law
to which II, referred in thl. dispatch tod "
the Brotherhood Denver years ago. but pub
li,hd the printed copy OF the constitution and bylaws
IL j. a, follows:
.l2h-Ihat hereafter when issue has been sustained
by chief and carried into effect by the IIrOhe
hood Of Locomotive Engineers 10 shall be ccogdred
violation obligations member Of the brotherhood Of
Locomotive Engineers Who be employed railroad
running connection with. OF adjacent to- said read To
property belonging to said aiIoad or system in
any way that may benefit said company with which tho
brotherhood OF Locomotive Engineers Is issue until
grievance Of whatever nature kind have been
amcably s'ttlrd."
Continuing the decision dweIls upon the action
Of the men in refusing to handle Ann Arbor
freight, and says:
Section 10 Of the act amended provides that 'any
common carrier subject provision, Of thi, act
or whenever such common earlier Is corporation any
director officer thercOfor any receiver. trustee
corporatloi who, alone with any other corporation.
company, person party shall wiIfuly omit fail
to any at, matter thing In this act required 70 be
dome or shall cause willingly suffer permit any
matter or thing directed required by this BE-
done not to done, shall all abct such omission
or failure shalt b. dcemci guilty Of n msdcmcanor.
and shall upon conviction thereof in District Court
q ,,.- United within the jurisdiction Of which
,uc Offence was committed. b. subject 10 fine
to exceed 5000"
Under this section II will be that the engineers
OF th dcfeniants companies refusing to handle inter
state freight complainant guilty Of misdcmcanor
and subject u criminal prosecution.
Section TO- in terms. subjects 10 punishment only tho
common carrier company and Its employees but IL Is quito
clear that any one though neither common carrier
nor an employe aiding abttng procuring
carrier or employees violate the section. would be
puni .hailc under 1t a. principal.
section $40 X. s., provides that II two per-
sons conspire . 10 commit any offence against
the United States and one or more parties do
any at object Of the conspiracy all the
artcs to conspiracy shall BE- liable 10 penalty OF
NOT more Than $4,000 to imp-o -onment TO- not more
than two ycars both line and imp sonment. In the
discretion OF the Court.