Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-04

merce law above quoted made it manda-
tory upon connecting railroads 70 re-
ceive and deliver passengers and freight
and TO afford equal facilities for the
Interchange of traffic. Corporations
can act only through their officers, agents
and servants, so that the mandatory
provisions OF the law which apply to
the corporation apply with equal force
10 It's officers and employees. The au-
thority Of the court to issue such an or
der has been questioned, but IL rests on
well established principles.
Judge Kicks discussed the rights or
a court OF equity to give a decision In
the pending case and says:
"Now let US apply these general prln-
ciDles OF equity which are consistent
with every rule Of natural law and JUS
tice 10 the facts OF this case, so far as
they affect those not charged with con-
temDt OF court. The evidence shows
that according TO the rules and customs
OF the company the engineers were paid
S3. IS for run Of 100 miles and were
paid for oyerwork The time for COM
putting compensation began at the hour
they were called TO leave the yard and
ended when they gave up their engines
and they were entitled 10 pay Tor that
time, even II their engines did not
move a wheel. Their service was
therefore due 10 the company from the
hour from when the compensation be-
gan. That period of service continued
during the time usually occupied In
making the run for which they were
called. Daring that period they were
constantly subject TO the orders or the
company, and by the custom and usage,
the relation Of employer and employe
was in force for that time. This is the
most limited period that can be taken
for their term Of service under the evil
dence before me. On the night OF the
18th Of March train was made up in
the wards Of the Lake Shore road at the
junction destined for Detroit About
6 o'clock %. N. Engineer Clark and
Fireman Thompson were called to make
the run. They prepared their engine,
ran it into the yard and backed down q
within a half length Of the train, and
before coupling it, learned that
the first seven cars were billed
for Alexis and intended for Ann
Arbor. Thereupon Clark took
his clothes from his hooks, announced
10 an officer of the company that he
would Quit his service, and proceeding
10 the effice turned over his book OF
rules 70 the officer in charge. call
was then sent out to engineer Case ana
fireman Kosster They brought their
engine TO the train and coupled 1t. On
learning from the conductor that seven
cars were TO be delivered at Alexis, Case
said be would Quit the service, and did
SO. A call was then sent out for en-
gineer Rutger and fireman James, and
their engine was coupled to the train.
When Rutger learned that Al
exis cars were to be delivered be quit
and left the yard.
Engineer Conley and fireman West
gate al 80 refused to hall the train with
the Alexis cars.
The parties charged with contempt
must be tried on the facts, and l con-
clude that engineers Clark, Case, Rut-
ger and Conley aud their fremen named
omit the service Of the Lake Shore and
Michigan Southern under circumstances
when they had a right to do so, and
that they are not, therefore, in con-
tempt OF court because OF such con-
duct, and they will be discharged.
Upon the facts Of the case made
arainst Engineer James Lennon, find
that he did not quit the service OF the
company in fact, and did not intend to
DO so, and that his pretense to do so
was a trick to evade the order OF the
court. Being in the service OF the COM
pany when be refused TO switch
the Ann Arbor train into Alex
is. and having full knowledge
Of the terms and meanings Of
the order Of the court, that order was
then I'm full force and commanded him
90 do the very thing be refused to do.
lie, therefore, deliberately and know
ingly violated the mandate OF the court
and was guilty Of contempt. l accept
the protestatiOns Of Mr.. Lennon, made
under oath, that be did not intend to
disobey the orders Of the court and did
not believe be was violating the laws OF
the United States. He Is member OF
the Brotherhood OK Locomotive Engi-
neers, and supposed that while acting
under It's rules he was not arraYiug him
self against the laws of his country.
This suit has afforded the courts an Op-
uortunity for declaring the laws appli-
cable TO such emergencies have been
thereby subserved. This does not,
therefore, seem to be the occasion when
il would be wholesome or wise TO admin
ister an exemplary punishment. The
object of the court is 10 uphold and
vfndicate the laws without, under
these circumstances, showing q dis
position TO punish or oppress those who
1 have evidently been misled. With these
views Of my duty an order will be en-
tered that the accused, James Lennon,
/ stands as gully OF contempt and pay q
I fine of $50 and the costs OF this pro-
ceeding, upon payment Of which he will
| be discharged from the further orders
I of the Court. The orders made in the
case as 10 all connecting roads and
their employees who have continued in
the service are still In full force, and 1t
/ is but lust to all concerned TO say that
the law and orders having now been
fully interpreted and made public, any
violations thereof that may hereafter
/ be made will be dealt with in spirit au1
Darpose quite different from that
which has controlled US in this case.
THE ARTHUR INJUNCTION STANDS.
Judge Taft Holds That HIS Action, as
/ Chfef of the brotherhood, is Illegal.