Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-04

original bill was against the railway
companies, but was amended so as 10
include Chiefs Arthur and sargent
The latter being nonresident OF this
district, the bill as against him was dis
missed for want Of jurisdiction.
As TO Artbnr, the amendment charges
that he, as Chief OF the Brotherhood,
exercises a control in all matters con
cerning its rules and regulations; tnat
one of its rules requires all members In
the employ of railroad, whenever an
order to that effect shall be given
by its said chief officer, 10
refuse to receive, handle or carry cars
of freight from any railroad company
whose employees, members OF SAID aSso-
citation, have engaged in 8 strike; thas
such a strike has been declared against
the complainant by the members OF the
Brotherhood with Arthur's consent ana
approval: that Arthur now publicly an
nounces that unless complainant snail
submit to the demands OF its striking
employees, he will order the rule ABOVE
stated enforced; that the rule is dl-
rect contravention of the inter State
commerce law and is intended to induce
the employees of the defendant COM
panies to violate that law and the prev
ious order OF this court, ana that
Arthur with others is conspirlng 10
that end. He goes on to state tnat the
bill invokes the courts chancery powers
TO protect the complainant in It's rlghts
under the Interstate Commerce act.
Counsel for defendant Arthur contend
that the Interstate Commerce act ana
its amendments are only declaratory OF
the common law which gave the same
rights to complainant, and that, tnere-
fore. is not case OF federal
jurisdiction. But Judge Taft holds
that the court has jurisdiction as the
act OF Congress of August Is, 1855 ex-
tends it's powers to "all suits OF a civil
nature, at common law or In equity,
where the matter in dispute exceeds,
exclusive of interest and cost, the sum
or value OF 50, 600 and arising under the
constitution or laws Of the United
States"
The bill makes the necessary aver
ment as to the amount in dispute, and
Judge Taft holds that this court has
Jurisdiction. The Judge cites rule II,
of the Brotherhood; holds that ii it DE
enforced. the members enter into q
criminal conspiracy against their coun-
try, and their organization In that case,
becomes illegal. The temporary in
junction prayed for is allowed.
At the conclusion of the reading OF
the decision by Judge Kicks, the Hon.
Frank II. Hurd, attorney for the engi-
neers, arose and said that in so far as
the decision OF the court related to Mr..
Lennon, he desired the court to note
exceptions and would give notice that
the same course will be taken by Mr..
Hurd with Judge Taft's decision.
Both cases will be appealed to the
conrts OF last resort. The contempt
case will be taken to the Supreme
Court on the ground that the defendant,
Lennon, was not properly notified OF
the proceedings; that he was not
subpoenaed according to law; that
he had mot seen the order Of the
court or understood its import, and that
the court has no jurisdiction In the
matter, the plaintiffs both being corpo-
rations organized under the laws OF
Michigan and there being no federal
questions involved.
The case against Chief Arthur will
be appealed to the Circuit Court OF APP
meals on the ground that no evidence
has been produced TO show that the de-
feudant was in any way guilty OF con-
spiracy or that he melted any Of his
men to engage in a conspiracy against
the roads in question.