The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-28
An Injunction by an Ohio Court Would
Not Lie Against an Iudianian.
The Boycott Case Against the Grand Master
of the Firemen's Brotherhood Dismissed
by Judge Taft for Want ofJurisdiction.
Frnitless Attempt to Bring All of Chief
Arthur's kilograms in Court
Review Of the Labor Situation as II Affects
100000 Railway EmplOyes-An Interest
ing Talk with Eugene Debs
Judge Taft Found the Ohio Federal Cour'
Did Not Have Jurisdiction

NO CASE AGAINST SARGENT.
Judge Taft Found the Ohio Federal Court
Did Not Have Jurisdiction.
TOLEDO. March 27.-To-day was q field
day in the United States Court here. for
this morning began the trial of six great
cases. The first was that of the engineers
and firemen of the LAKE Shore on the
charge of contempt of court. The second
Is that of the restraining order granted by
Judge Ricks, at Cleveland, early IN the
struggle. and which prevents the con.
necting railroads in Toledo from re-
fusing to accept the freight from
tho Ann Arbor. and is based upon the pro.
visions of the interstate commerce law.
The third is the injunction granted by
Judge Taft at Detroit. restraining Chiefs
Arthur and Sargent from issuing OK keep
ing in force any order which they had al.
ready issued TO employees of any railroads
to refuse TO accept the business OF the Tole-
do &Ann Arbor railroad. The fourth in
junction was that ordering Chief Arthur
and Chairman Watson. of the Lake Shore.
to bring into court any order or
rule or regulation of the Brotherhood o1
Locomotive Engineers, which was the basis
for ordering strike or boycott Ihe
fifth IS the restraining of about o hundred
employees of the Wheeling 81 Lake Erie
road from refusing to accept or handle the
freight on cars of the Toledo * Ann Arbor
Railroad Company. The sixth Is the suit
for S:O0 600 damages, filed by Manager Ii.
w. Ashley. of the Ann Arbor road, against
Chief Arthur and Grand Master Sargent.
based on the strike and the refusal to
transfer 1t TO connecting lines.
Judge Kicks arrived from Cleveland az
midnight, and this morning took up the
first case-that of the engineers and firemen
alleged to be in contempt. The evidences
was taken lest week. and to-day the arau-
fer the T.
James ii. Southland, who opened for the de-
fense Then Hon. Frank Hurd made the
msiI argument for the defense, and Gen.
eval Counsel George Z. Greene. of the Lake
Ricks announced that he would render his
decision tomorrow, probably in the morn
ing.
When court opened this afternoon Mr..
Sargent was present. but Mr.. Arthur was
not. The back part of the room was packed.
standing room being at premium. As
soon as Judge Taft gave the word to pro-
ceed. Mr.. Hurd arose. and said that Mr..
Sargent had not been summoned In the
case as yet. and that Mr.. Arthur had not
yet arrived. Some time for preparation
was needed when he did come. and be
thought it would be well to wait until
morning before proceeding.
Mr.. I. p. Harper. of Terre Haute, at
torney of the tiremen. stated that Mr.. Sar.
gent had been served with the summons In
the case during the past ten minutes and
was ready to go on with the case as far al
necessary.
The conrt thought that the attorneys had
better confer together moment and pre-
pare plan of action.
Messrs Hurd. Harper. Barber, Southland
and Sargent then retired to the
returned In In n few minutes. and
Mr.. Hurds stated that his side first raised
the point that the court lacked jurisdiction,
rs part of the defense was not residene
of this district as required by law. II the
court decided that it had jurisdiction the
defense would like until tomorrow morn
ing to make its defense.
Mr.. Harper added that Mr.. Sargent was
a resident of Indiana. and not of this fed
eral district, and the law says the defend
ants in such cases shall be residents in the
district where the cases are brought.
Judge Taft said that in view OF tho
statute referred 10, the temporary IDjunc.
tlon as to Z. j. Sargent was dissolved. and
the application made to make the tempor-
ary Injunction granted perpetual was de-
MED. The case against Mr.. Arthur would
be heard. MIR. Sargent at once withdrew
Mr.. Alexander Smith. counsel for the
Ann Arbor road, then read the original
amendments on which the case was
brought. Mr. Hurd wished 10 explain that
as Mr. Arthur had filed all affidavit in re-
ply the court might suppose he assented to
all that was charged. Such was not the
case. as MIR. Arthur denied each and all
the statements made. The court said il 90
understood
Mr.. H. w. Ashley. the first witness. tes-
tilted that Mr.. Arthur had come TO him
and attempted to reach an adjustment OF
the difficulties between the Ann Arbor and
the brotherhood. They failey to agree and
q few dsys later he was notified that boy.
colt on his road had commenced.
Manager Greene. of the Western Union.
was one of the most important witnesses
called. When summoned to take the stand
NJ. Greene approached the Judge and
handed him n note. After reading it,
Judge Taft addressed the attorneys for the
defense. saying:
Gentlemen. this won't do. I see Mr.. Greene
has been ordered to produce in court all the
kilograms handled by his company, either al.
dressed to or signed by Mr.. Arthur. You must
make your request moro definite. Until you do
the witness must be excused. You viii have to
specify what kilograms you desire him to pro-
duce.
Mr.. Greene was accordingly. excused. A
host of unimportant witnesses were called
but threw no additional light on the sub
ject. The hearing will be resumed to-mor-
row morning.