Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1893-04-07
ARTHUR ISDEFEATED
CASE AT TOLEDO.
THE JUDGE CALLS THE RROTHER-
HOOD A CONSPIRACY.
In His Opinion He Asserts That a
Boycott Is Il Crime Claims That
tn Court Has Full Jurisdiction
Under Interstate Commerce Act
Appeal Taken.


Under Interstate Commerce Act
Appeal Taken
Toledo, April Judge Kicks, Of the
federal court this morning delivered his
decision on the application of the Tole-
do. Ann ArbOr Il North Michigan rail
road TO make permanent his temporary
injunction issued against the Lake Shore
ing lines, on March II, restraining
them from refusing to accept from or
deliver freight to the Ann ArbOr road OH
account Of IL boycott issued against the
Ann Arbor road by Chiefs Arthur and
Sargent, Of the brotherhootls Of Iocomo-
tive engineers and tiremen, who We're
on a strike on that road. The decision
tempt, Of eight Lake Shore engineers
and firemen 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
forbdding discrimina ton by any com
mon carrier against any person or cor
I0rauOn on Interstate commerce. He
asserts the jurisdiction of the court
through the federal question involved
and quotes Chief Justice Marshall to
show that 4; federal judge has iul'isdic-
ton on such cases, even though other
questions not of Il federal character are
involved. Judge Kicks then proceeded
to recite the fact that when application
for IN injunction was made to him i'll
chambers in Cleveland an emergency
existed. He had issued Il similar order
in 1891 on the application of the Wheel
inc 4 Lake Erie railroad. and it was en-
forced with heneticent 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
freight to that road and as corporations
clE only act through agents, it WIS
evident the mandatory provision of
HE law applied with equal force to all
officers and cmpoyeS of the connecting
roads. He said the authority of ;he
court to issue such IN order had been
quest .np"a h"t 1t rested on Well-eStab-
lishe,i principles. and quoted in support
cement from British equity
ceilings
After Judge Kicks decision was ren-
bred he proceeded to read the circuit
court decision, consisting Of himself anil
Judge Taft. on the motion Of the Ann
Arbor company, asking a 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 u of
that body, boycott Ann Arbor freight.
they become guilty of criminal conSpi-
acy against their country
The court then reviewed the terms on
which the engineers We're employed by
the Lake Shore road. They We're, he
said, paid 1915 for run of Il hundred
miles and extra for overwork. The
of
We're 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 We're
constantly subject to orders of the COM
pany, and the relation of employer and
employe 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
|
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
api1nI' of % In VIC of a fa
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 intiicting a fine of $50 and costs.
The opinion closes with warning.
now that the matter is well understood.
! that i'll future engineers violating orders
OF the court will be dealt with sum
marily.
The point of the decision is that Il
man may quit the service of the com
pany 1T 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 IF
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 viii
be taken. The same course WIS taken
by Hurd with Judge Taft's decision.
.lI En II .CTION IN RHGnY.