New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-23
AGAINST JUDGE RICKS.
FIRENlEN ALSO WILL CONTEST THE DE
CISI0N.
THOMAS W. HARPER. THEIR GENERAL COUN-
Sci. INSTRUCTED TO TAKE PART IN
THE CONFLICT-MR. HARPEIvS OPIN-
ION OF THE CAsI%-THE PRO
rrEpr\GS COI-HI'
1BY TELEGRAPH TO THE TRIBUNE.I
CEEDINGS IN COURT.

cral counsel for the brotherhood Of Locomotive
Fircmcn, contest Judge RicIls's decision. and
he will lcavc here for Toledo on Friday, and will
join hands with Frank Ilurd. representing the
engineers, in opposing the judge. This oplnl1n
of the decision Mr.. Harper furnishes: There Is
not IA record where a private citizen has
been compelled by mandamus TO continue in any
employment. Mandamus will lie against "A pubnc
officer to compel MIN to perform duty imposed
upon him by law. but the law does not require
private citizens to continue in any vocation Sup
pose Judge Kicks should decide to resign. what
power could compel him to stay? If any Of these
men violated any contract they had with the
company, the company would then have an action
against them for damages: but the company
could not compel them to remain in its employ.
If it could these men might never quit the
road but would always be compelled to be fire
men.
The order of Judge Ricks requiring the Grand
Masters To suspend that part Of the bylaws In re-
gard TO strike can have no effect. because that
clause was adopted by the Grand Lodges and is
alike binding on the Grand Masters and members,
and the Grand Masters have more right TO
order it suspended than the humblcst merlbcr OF
the order
AS for the action for $500, 900 damages AGAINST
grand officers there Is no law whereby n man can
become liable by advising man to quit work III
order 80 get higher wages. If the railroad com
pancs can conibn" ana decrease the prlc" oi
labor and labor cannot combine u obtain IN
creased pay, then the American laborcr Will, Dy
deere, of the Federal court. be in condition
similar to the scrfs of Russia
Toledo, Ohio. March 22.-Ihc non-union men
are running the Ann Arbor road in good shape,
and freight and passenger trains aic arriving ana
departing on time.
The hearing Of the Lake Shore engineers and
frcmen who refused 10 handle Ann Arbor freight
was continued in the United States Circuit
Court to-day. The testimony of the various
official, showed that the order Of Judge Kicks
WAS not shown to the men until after they had
said that they would not handle the Ann Nbor
cars The officials intended that the order should
be the last resort after persuasion lad failed.
The testimony brings out the fact, however,
that the men. before they said they would not
handle the ears. had said I'VE quit the service
of the company.
The engineers attorney. Mr. Southland, dwet
upon this point in his REORGANIZATION. Qnes-
toning Superintendent sheldon, he asked: You
showed the mon the order after thcy said they had
Quit >" Yes. answered Mr.. sheldon. 3" Had yoa
re-cngag.d them when you showed them the order
of the court?7 MO- At this point Mr. Potter
attorney of the Lake Shore. placed in evidence
i
must look at the bulletin board before they take
their train On the night in question the oricr
Of the court was posted on the board
General Superintendent Cann. of the Lake
! Shore. testified that lie had received telegram
| from J W Watson, "A Lake Shore engineer, say
| ing: We ask you in the interest Of peace ana
| harmony not 10 ask Lake shore engineers 10
handle Ann Arbor freight
Il answered. said Mr.. Canif, that the re-
quest could not be- granted, as much Of the bu'l-
moss Of the Ann Arbor. when turned over to uS,
was our business also. and as common carriers
We were obliged to handle il by law. called
meeting Of some thirty-iyc of our engineers ana
told them that it waS my desire that we should
| not bc brought into this trouble, ana to impress
il upon them that IT was our duty To transact
the business told them that the law was paih
and IL il WAS violated il would he serious mat
for and that some one would be responsible Later
7 received a telegram from Mr. Watson stating
,bo, rho strike could not be settled honorably and
that the laws of the Brotherhood would De en-
forced"
I W Watson was then placed on the stand
and asked TO produce the rule of IN" Brother
hood i'm accordance with which he sent the notlc"'
| He did not have il. He was requested T. repeat
il from memory. lie could not remember 1t, not
even the substance. Finally. he stated tEat IN"
| rulc he had in mind 10 the effect that III"
Brotherhood men must not handle the freight OF
any road on which the Brotherhood men ARE ou'
| on a strike.
| Are yor on some committee relating 10 th'
pro,bcrhoodp - asked Mr. Potter of Mr.. Watson.
| Yes: the General Committee of Adjustment.
"By what authority did you send certain tcle-
Grams 70 I'm. Lake Shore officials relative TO the
action the men would talic?'
| "Py the authority vested in me by the acton
of the engineers.
Mr. Watson was told at the close Of the morn
ing session to bring the rules OF the brolh"riio3pi
Of Locomotive Engineers INTO court Wien H.
The examination of j. w Watson, of the La ke
| Shore Grievance Committee" was resumed III the
afternoon Asked what vas ms iis' iiioi,,.',o h hoJ
known nothing about il until he received Il t'r-
gram from Mr. Arthur which was III substance
as follows: A., ,i
| Notify all men to he governed accordingly.
Mr. Watson went ON 10 say that h" informed
~ many of the men n possible" Asked now ilc
boycott was declared of, he sad that an oi"'f
To that effect had been received by A.s'tln'
Grand Chief \; B. l1unssoni copy oil ,lc mes n,SI
| hy Chief Arthur and said that in consequence OF
negotiations between Railroad CominiS-I'nSr !
| Kirkhv and Manager Ashley. certain rules of III"
I;rnthcrhood would not he enforced; Asked if ne
boycott was ordered on again March 10, Mr.
Watson said that he could not remember tnc
| oxact dotc buy he believed il was on that day.
,sEcd II the rules referred to by Chief Arthur
in his order meant Pul" No IL. Mr. Watson -ilu
that they did In reply T. General oun'r ure1n,
| of the Lake Shore. Mr.. Watson stated that the
| rule became operative three or four years a-p
The Obligation referred to in the rule is not taken
| under oath Witness was unable - give me
substance of the OBLIGATION Continuing he said
that the members Of the brotherhood We're nor
"miitv Of violating the rules of the order in re-
| fusing 10 quit work NJ
| Then followed "A series Of questions by Mr;
Potter. which elected the fact that Watson hal
;ssuoj orders 10 the effect Of those contained IN
Rule no. H. after lie had been informed OF
Judge Ricks's decision. The cros>-eNamhatlon
| of tbn witness brought ont nothing new. ana
az this point the complainant rested its case.
| eonord Clark, II Lake shore engineer, AMI
/ ono Of the two only employes Of that COMPANY