Morning journal and courier., 1893-03-28
LARoR,s TROUBLES.

Argument OF Counsel for Defense I'm
tho Cases OF Lake shore Engineer
and Firemen who Refuse 90 Handle
AhnArbor Frefght-TheC aseAEainst
Grand Master Sargent Dismissed.
TOLEDO, o., March 27.-The cases of the
Lake Shore engineers and fremen who re-
fused to handle Ann Arbor freight came
up for Anal argument In the United States
court to-day. Judge Taft announced tina.
the afternoon would be devoted to the
hearing of injunotions against the Lake
Shore and twelve other lines restraining
them from refusing to interchange traffic
with the Ann Arbor road.
e. D. Potter, attorney for the Lake
Shore, opened the argument. he ran
through the history Of the case and cited
numerous cases where the engineers in s1-
efcising what they thought their rights
were in reality trespassing upon the rights
of others.
Mr.. Southwark, counsel for the defend
ants, said, among other things:
cit became the duty of There men to
obey the order of the court. 1t has not
been their intention to disobey 1t. They
have acted In q manner that they thought
mon cannot be compared with the position
of those in public Office. Our position Is
that We had q perfect right to quit the
service of the company under the existing
circumstances, and II there Ia any legal re-
lief for the company the only remedy is q
suit for damages.
1t has not been established here by the
evidence that these defendants violated
any contract.
Frank Hurd, associate counsel In the de-
fence, maintained the four following prop
ositions:
First-Thst this court has no jurisdic-
ton to issue the order of injunction which
these defendants are charged to have vio-
lated.
Second-If 1t had such jurisdiction the
parties attached had no such notice of Its
issue and contents as to make them liable
in contempt for breach of 1t.
Third-The act which they are charged
to have committed IL not violative of the
order of the court.
Fourth-If 1t were 1t ought not to be
punished as q contempt, because the law
heretofore, which employees would be pre-
sumed to know, had always been that
courts could not interfere by Injunction to
compel the performance or contracts Tor
personal services. Such acts under these
circumstances should have been clearly
pointed out in the order and not left to be
ascertsined by construction. The Lake
Shore company has no power to institute
proceedings In attachment to prosecute its
employees for violation of Injunction OBJ
tanned for the protection of the rights OF
the Ann Arbor company. The defendants
have sufficiently purged themselves of the
contempt charges"
Judge Green, general counsel for the
Lake Shore, wound up the argument.
Judge Kicks said he would render de-
cision in the case TO- morrow.
This afternoon In the United States
court the case In which Chief Arthur of
the Brotherhood of Locomotive Engineers
and Grand Master Sargent of the Brother
hood of Locomotive Firemen were sued
for $500, 900 damages for conspiring against
the Ann Arbor railroad came up for hear
ing. Counsel for the Brotherhood of Loco
motive Firemen moved to dismiss the case
as to Sargent on the ground that the court
had no jurisdiction over him, he being q
resident of Indiana, and the interstate
commerce law providing that q person
shall not BIS sued unless he is q resident of
the district where the suit is brought The
court thersupon discharged Mr.. Sargent
and the case of Chief Arthur proceeded.