Waterbury evening Democrat., 1893-03-28
THE LAKE SHORE TRIAL
The Strikers Attorney Says They Violated No Law.
DANYlNe THE COURTS POWER

The Hon. Frank Hurd Declares that Judge
 Kicks Had no Jurisdiction to Issus an
 Injunction-The Case Against Sergeant
 Dismissed Arthur's Case stln on Trial.
 TOLEDO, O., March 2s.-In the Ann Arbor strike case in the Federal courts yes terday, Emery D. Potter, Jr., for the Lake Shore railroad company, opened the argu- ments for the prosecution. He said:
 Every man in this country has the right to go where he pleases and say what he pleases, so long as he does not do wrong or place in jeopardy the lives and property of his fellowmen. This is the law, and it is Gods law, The trouble with the mem bers of the Brotherhood of Locomotive En- gineers is this: They have been led into the belief that, as an organized body, they can say and do what they please even though they trespass on the rights of others.
 These men did not comply with the order of the court and the law. The company is in the performance of an important public service. Engineers accepted high and important public function, which they are now not permitted to lay aside for the reasons which they did in this case Serious injury might result from the abandonment of duty if it was perhaps half completed Courts have already held that officers and employees performing the duties of a quasi public nature cannot evade the re- sponsibility for refusal or neglect by resign ing, and where they do so it has been held that they shall continue to act until their successors are engaged.
 Hon. Frank Hurd, the free trade apostle, opened for the defense as follows: The Supreme court of the United States has held that proceeding in contempt is a criminal proceeding and is. therefore a proceeding in which there is neither grand jury nor preliminary hearing. shall sub ! nit the following propositions: The court had no jurisdiction to issue his orter.
 It was not q violation of the ordHr of the | court, as the engineers supposed that their | contracts could not be enforced by malt!a- 1 tory or>er.
 The road had no power to attach its em- ployeCs for refusing to handle Ann Arbor | freight.
 Had this court jurisdiction to issue this | order! Is there a federal question involve | in this bill: 1t is stated that the refusal | to handle interstate commerce freight is d violation of what is known as the Inter ! state Commerce act. No federal questions are involved; therefore the court can only acquire jurisdiction on account of citizen ship.
 MT. Hurd closed by saying that the Lake Shore had no right to institute pro ceedings to compel its employees to haildit Ann Arbor freight, and claimed that Jhe men had purged themselves of any con tempt that may have existed. They have all disclaimed any disrespect to this court, and 1 submit should be found not guilty.
 At the close of the argument Judges
 Kicks and Taft took the case under advise | ment and decision will be rendered to day.
 Whe the case was called against Broth crhood Chiefs Arthur and Sargent, oil the
 issue joined by the injunction issued against
 them enjoning them from issuing or pro | mitigating any order to members whereby
 they were to refuse to handle boycottec
 cars, Hon. T. w. Harper of Terre HaAe Ind, chief counsel for the tiremen, moved
 to dissolve on the ground of n-jurisdic | tion, Mir. Sargent residing without thi
 United States circuit.
 Judge Taft promptly dissolved this DOT
 ton of the injunction, and Sargent at onc' left the courtroom, receiving rousing ovl
 ton as he passed down the aisle. | The case against Grand Chief Arthu
 was at once taken up, and telograms ant
 orders were offered in evidence, as well a>
 the depositons of General Superintendent
 Canitf, of the Lake Shore This case vii
 be concluded to-day, and the decision
 given in both cases. Tuesday and cd
 nestlay will probably conclude all the c,,s,'
 which have marked an epoch in the rail
 way and labor world.