Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-03-21
TIE ANN AEBoE CASE.


The orders OF Judges TAFT and
KICKS OF the United States courts at
Cleveland and Toledo, compelling Chief
Arthur to order a suspension Of the
Ann Arbor boycott, has created a vast
amount Of interest in Washington,
where the question Of the legality Of
the point raised will have to be settled
by the Supreme Court.
Following are the sections Of the
Interstate Commerce law, upon which
the orders were based;
Sections 4. UNDUE PREFERENCE
That it shall be unlawful for any common
carrier subject to the provisions OF this act
90 make or give any undue OF unreasonable
preference or advantage to any particular
person, company, firm, or corporation, or
locality. or auv particular description Of
traffic. i'm any respect whatsoever, or TO
subject any particular person, company,
firm, or corporation, or locality, or any
particular description Of traffic, TO any I'M
due or unreasonable prejudice or oisad-
vantage in any respect whatsoever.
B FACILITIES FOR lNNTERCHANGE OF
TRAFFIC.-Every common carrier subject
tothe provisions OF this act shall, accord
inc 90 their respective powers, afford all
reasonable, proper, and equal facilities for
the Interchange Of traffic between their re-
sDec,iye lines, aud for the receiving, for
wdrdiuC and delivering OF passengers and
property 20 and from their several lines
and those connecting Herewith, and shall
not discr. inmate In their rates and charges
between such connecting lines; but this
shall not be construed as requiring any
such common carrier 10 give the use of
its tracks or terminal facilities 10 another
carrier engaged I'm like business.
SECTION 10. PENALTIES FOR VIOLATION
or THIS ACr-That any common carrier
subject % the provisions of this act, or,
whenever such common carrier is corpor-
auou, any director or officer thereof, or any
receiver, trustee, lessee, agent or person,
acting for or employed by such corporation,
who. alone, or with any other corporation,
company, person or party, shall wilfUlly do
or cause % be done, or shall willingly sur
fer or permit TO Uo done, any act, matter, or
thing i'm this act PROHIBITED or declared to
be unlawful. or who shall aid or aoeJ there
iu. or who shall wilfuly omit or fail 20 do
any act, matter, or thing in this act requir-
eli t0 ba done, or shall cause or wutuLy
suffer or permit any act, matter or thing so
directed or required by this act TO be done
no, 10 be so done. or shall aid or s0et any
such omission orr failure or shall be guilty
of any infuction of this act, or shall aid or
abet therein, shall be deemed guilty OF a
misdemeaDor, ard shall. upon conviction
thereof iu any district court of the United
States within the jurisdiction OF which OF
Tense was committed. bee subject 20 fine OF
not TO exceed five thousand dollars for each
Ofeuse.
Provided, that IL the ofense for which
any person shall be convicted as aforesaid
shall be an unlawful discrimination In
rates, fares or charges, for the trausporta-
ton OF passengers or property, person
shall. ia addition Co the fine hereinbetore
provided for. be liable 10 Imprisonment ia
The peuiteutiarv for term Of not exceed
ing two wears, or both such fine and imprs
onmeut in the discretion Of the court
The decision may involve the life OF
the Brotherhood Of Locomotive Engin-
GERS, together with that Of the Knights
OF Labor and all similar organizations.
The opinion is generally expressed
that the summary actions Of the two
Judges are without precedent and many
persons in authority AT the Capital be,
lieve, without law. The Judges Of the
supreme Court Of course refused TO dis
cuss the subject, bat Judge Brown
however, admitted that in his unofficial
and unjudicial opinion he does mo-
thmk there exists any precedent by
/ which the legality of Judges TAFr's anC
R1cKs' action could be ascertained.
/ correspondent says:
Justice Browns private opinion is tina
/ the point raised is au entirely new ore
He adds that as Toledo IS in the Unite,
I states Circuit Court over which he pre-
sides, he will probably DE called upon q
/ SIT in the hearing Of the case. JustC
/ Brown recalled % mind case recently dc
| cided by the Supreme Court, in which Ia,
/ striking miners in Idaho we're euloined o.
/ the court from interfering with the non
/ union workmen. In spite ofthe injunction
/ the rioters prevented the men from work
! ing. aud when they were indicted IN
/ United States Supreme Court 10 whOr
/ the case csme on appeal, quasbed the in
dictments against she men on the groun
that there was no evidence TO show tia
they were Gvare an Injunction had bee
| issued. Justice Brown did not quote this a
an analogous case to that OF the strikers a
Toledo, but it was the only one in tbs