The Irish standard., 1893-04-08
AGAINST sTRIKE RS.
Heavy, Blow Dealt at the Engi-
# neers,' Organization.

They Are Made by Judges Taft and Kicks
III the Ann Arba,r Cases-Injupct ion s3
on Chief Arthur-Boycotters
Are Conspirators.
KNOCKED OUT.
TOLEDO, o., April 4.-The Brother;
.iood of Locomotive Engineers is de-
clared to be conspiracy against the
laws Of the country BY Judge Tafts,
and the temporary injunction prayed
for against Chief Arthur in the Ann
Arbor boycott case is allowed.
The decision was read in the
United States circuit court by
Judge Kicks at the same time
that he rendered his decision in
the case of the lake Shore engineers
who, obeying the laws of the Brother
hood of Locomotive Engineers, re-
fused to handle Ann Arbor freight, as
there was strike on that road. In the
latter case the court held Engineer
James Lennon for contempt because
he had been twice ordered to move the
cars by the officials of the company
and did not do so until ordered to do SO
by the brotherhood officers after the
boycott was raised. The seven other
men We're discharged.
: Judge Kicks decision in the cases of
the eight engineers and fremen
arraigned for contempt of court was
first delivered, amid breathless atten-
ton. It was not as radical as the
men feared, and does not assume to
compel men to work against their will.
Notice of appeal was at once given by
Mr.. Hurd.
JUDGE R1Ck's DECISION.
Judge Kicks decision in effect com,
pels one RAILROAD to receive freight and
passengers from another in coDformity
with the interstate commerce law, and
is as follows:
'"This suit was instituted by theAnn Arbor
Railroad company to compel the Lake Shore
and other railroads to handle its business
known as interstate freight The Interstate
commerce law made it mandatory upon con-
Meeting railroads to receive and deliver passen-
gers 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 to it's officers and employees
der has been questioned but it rests on we'll
established principles. 1t is said the orders
issued in this case are without precedent
Every just order or rule known to equi-
ty courts was born of some emergency to
meet some new conditions and was therefore
In it's time without precedent. II based on
sound principles and benetcent results follow
their enforcement, affording necessary relief to
the one party without imposing illegal burdens
on the other, new remedies and unprecedented
orders are not unwelcome aids to the chancel-
lor 10 meet the constantly varying demands for
equitable relief.
"As kereinbefore intimated, the duties Of an
employe of public cor operation are such that
lie cannot always choose his own time
for quitting that service The parties now
charged with contempt must be tried on
the facts as they have been made to appear;
and having fully considered them, con-
clude that Engineers Clark, Case, Rutger
and Conley, and their firemen as named, quit
the service Of the Lake Shore & Michigan
Southern railroad under circums tances when
they had right to do so and that they are not
therefore, in contempt OF court because Of such
conduct, and they will be discharged In
reaching this conclusion have treated these
ca ses as criminal in character, and given the
accused the benefit Of the reasonable doubt,
especially as to the extent to which they had
conspired 10 act concertedly in quitting service
in way to injure- their.employer and aid in
Enforcing a boycott. An act when done
by an individual in the exercise of a
a member conspiring to injure or inn
properly influence another may be unlawful
One or more employees may lawfully quit their
employers service at will: but a combination
of q number OF them to do so for the purpose OF
1njuring the public and expressing employers
by unjustly subjecting them thus to the power
OF the confederates for extortion or for mischief
IS criminal.
with these views OF my duty, an order will
be entered that the accused, James Lennon,
stand adjudged as guilty of contempt, and
to pay q fine Of $50 and the costs
he will be discharged from the further or
ders of the court. J'he orders made in this
case as to all the connecting roads and their
employees who have continued in the service
are Still in full force and it is but just to all
cerned that the court should say that the laws
and made public any violation thereof that may
hereafter be made will be dealt with in spirit
and purpose quite different from that which has
controlled us in this case.''
CIRCUIT COURTS DECISION.
After Judge Kicks decision was rem
dered in the case of the engineers and
firemen, he proceeded to read the de-
cision of the circuit court, composed
of himself and Judge Taft, in the
motion of the Ann Arbor company
asking temporary injunction against
Chief Arthur restraining him from issu-
ing any order which shall require or
command any employe of any OF the
defendant railroad companies to re-
ceive. handle or deliver any cars of
freight in course of transportation
from one state to another from
and to the Ann Arbor road and
prohibiting him, from in any way,
directly or Indirectly, endeavoring to
persuade or induce any employees of
the railway companies whose lines
connect with the Ann Arbor not to
extend to the said company the same
facilities for interchange Of interstate
traffic as are extended by said compan-
les to other roads.
The decision, which was written by
Judge Taft. grants the injunction
prayed for, and declares that if the
mem ers of the brotherhood, in obedi-
ence to rule 10, boycotted freight, they