The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-04-04
ANN ARBOR'S ENGINEERS
THE OBSERVATION-DISCLOSURES IN
A CONSPIRACY.


Kicks rendered his own decision in the case
of the Lake Shore engineers and fremen
who refused to handle Ann Arbor freight,
and read Judge Taft's decision iu the in
junction case of the Ann Arbor railroad,
wherein an injunction is granted against
Chief Arthur OF the Brotherhood of Loco
motive Engineers, restraining him from
issuing o PRONUNCIATION or containing in
force any rule Of the brotherhood
which shall require or command any
employees OF the various connect
ing lines to boycott the Ann Arbor
road. In substancs the decision in the lat
ter case is as follows: "a temporary re-
straining order was issued by me against
Chief Arthur. A hearing has since been
had and the question now is whether on the
evidence produced the order shall be con-
tinued in force until the final decision in
the case. The original bill was fled against
eight railway companies. An amendment
was atterward fled making two
new defendants. P. M. Arthur and
F. P. Sargent. Mr. Sargent was
subsequently discharged as he was nom
resident of the district. As TO Mr.. Arthur,
the amendment charges that be, as chief of
the brotherhood, exercises a controlling In
tiuence upon its members in all matters, and
that one of its rules requires all its members
In the employ of any railway company,
whenever an order to tuat effect shall be
given by its said chief officer, to refuse to
receive, handle or carry cars OF freig ht
from any other railroad company whose
employees, members of said association, have
engaged in a strike, such as the strike that
}, hoa 40, -xA hn ,I,;r-
by the members of the brotherhood with
Chief Arthur's consent and approval;
that Chief Arthur publicly announces that
unless the complainant shall submit to the
demands OF it's striking employees he will
order the rule above stated enforced that the
rule is in direct c0ntrayention OF the inter-
state commerce law, aud is intended to in
duce employees Of the defendant companies
to violate that law aud the previous order
of this court; aud that Chief Arthur, with
others, is consplring to that end" The
court holds that it has jurisdiction Of the
subject matter of the controversy under the
interstate commerce law.
JUDGE TAFT's DECISION.
Judge Taft, reciting the happenings of
the strike, says that Chief Arthur sent tee-
grams to eleven chairmen of the general
adjustment committee and on as many diff
ferent railroads notifying them that legal
strike was on and to obey the laws of the
brotherhood. A legal strike in brotherhood
paFlance means enc consented to by the
grand cnieT. dis consent IS necessary under
the rules of the order to entitle the men,
thus out of employment, to the three
months pay allowed to striking members.
Chief Arthur admits that the particular
law 70 which he referred in this
dispatch was one adopted by
the brotherhood at Denver three
E,.A 4, Z II l. IL
tue printed copy OF the constitution and by
laws. 1t Is as follows: II. That herein
after when an issus has been sustained by
the grand chief and carried into effect by
the Brotherhood OF Locomotive Engineers, it
shall be recognized as violation of his
obligations for member of the Brother
hood OF Locomotive Engineers Association
who may lie employed on a railroad run-
ming in connection with or adjacent TO said
road, TO handle the property belonging to
said railroad or system iu any way that
may benefit said company with which
the Brotherhood OF Locomotive Engineers
is at issue until the grievance, or issue of
whatever nature or kind, has been amicably
settled"
LIABLE TO PENALTIES.
Judge Taft holds that all persons combin-
ing to carry out the provisions Of the above
rule II are liable to the penalties prescribed
III beCLlOu ~ ul LuS iuieI SthJb commerce law.
This is true, because es already shown,
the object Of the conspiracy is to induce,
procure and compel the defendant COM
panies aud their employees to refuse equal
facilities to the complainant company for
the interchange of Interstate freight. In
closing allusion should be made to that part
Of the original restraining order herein
which compelled Chief Arthur to
rescind the direction he had already
given for the enforcement of rule y.
! here was absolutely no way Of maintaining
the status quo between the parties, which is
the proper Office Of a preliminary injunc-
ton, but by compelling at once recision Of
Chief Arthur's act. The present was an
extreme case. The injury threatened was
willtul, wrongful and criminal, and the
mandate though not frequent remedy,
was necessary, and could by no possibility,
under the circumstances, work injury TO
any one. The motion for a temporary in
juction against the defendant, Chief Ar
thur, is allowed as prayed for.
JUDGE RICK's DECISION.
Judge RicS's decision in the case Of the
Lake shore men was briefly as follows:
This suit was instituted by the Ann Ar
Dor Railroad Company to compel the Lake
Shore and other railroads to handle
its business, known as interstate
freight The interstate commerce la " made
to receive and deliver passengers and freight
and to afford equal facilities for Interchange
of traffic. Corporations can act only
through their officers, agents and servants,
that the mandatory provisions Of the law
which apply to q corporation apply with
equal force to its officers and employees. The
authority Of the court to issue such an order
has been questioned, but it has had
well established principles IL is said that
the orders issued in this case are without
precedent. Every just order or rule known
to equity courts was born of some emer-
gency to meet some new conditions, and
was, therefore, in its time, without pre-
cedent. II based on sound principles, aud
benefcent results follow their enforce
mont, aGordlng necessary relief to one party
without imposing illegal burdens on the
other, new remedies ard uuprecendented
orders are not unwelcome aids TO a chan
cellnr to meet the constantly varying de-
mauds for equitable relief. AS herein be-
fore intimated, this duties OF an employe Of
public corporation are such that he can
not always choose bis own time for quitting
that service. The parties now charged
with contempt must be tried on the facts
as they have been made 60 appe II, aud
having fully considered them { cons
clude that Engineers Clark, Case, Rutgor
and Conley, aud their firemen as named,
qulE the service Of the Lake Shore aud
Michigan Southern railroad under circum-
stpnces IN which they had q right TO do 80,
ard that they are not, therefore, ia con-
tempt OF court because Of such conduct, aud
they viii Be discharged. In reaching this