St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-04-04
ONE FOUND GUILTY.
Judges Kicks and Taft De-
liver Decisions in Ann
Arbop Cases.
Temporary Injunction Asked
Against Chief Arthur
Granted.
All But One Of the Engl-
neers Purged Of Con-
tempt.
Provisions Of the Interstate
Act Apply to Railway
Employees.

1OLEDO, ApIll o. ue OHlltu OldlCo
court room was crowded this morning
to hear the decisions of Judges Rick
and Taft in the cases growing out OF
the Ann Arbor strike. Judge Rick'S
decision in the cases of the engineers
and tiremen arraigned for contempt of
court was first delivered amid breath
less attention. 1t was not as radical as
the men feared and does not assume to
compel men to work against their wills.
Notice of appeal was at once given by
Mr.. Hurd. Judge Taft's decision
granted the temporary injunction asked
for against Chief Arthur to prevent the
latter's boycott order. Judge Rick's de-
cisiOn is as follows:
"This suit was instituted by the Tole-
do, Ann ArbOr & North Michigan Rail-
way company to compel the Lake Shore
& Michigan Southern Railway cOmpa-
ny. the Pennsylvania company and other
defendants to receive from it and de-
liver to it freight and cars destined from
one state to another, commonly known
as interstate freight. The bill was
drawn to enforce the third section OF the
interstate commerce act, Which pro-
VideS: That it shall be unlawful for
any common carrier subject to the pro-
visions of this act to make or give any
undue or unreasonable preference or
advantage to any particular person, firm,
corporation, or to locality or any partlc-
ular description of traffic in any respect
whatsoever, or TO subject any particular
person, company, firm. corporation or
locality, or any particular description OF
traffic, to any undue and unreasonable
Aicn1vanfnmn oil
respects whatsoever. The common
carriers subject to the provisions
Of that act are defined by the statute TO
be any common carrier or carriers en-
gagged in the transportation of pass EN-
gers or property wholly by railroad or
partly by railroad and partly by water,
when both are used under common
control, management or agreement, for
a continuous carriage or shipment from
one state or territory of the United
States or the District of Columbia to
any other state or territory of the
United States
The subject Matter
of this litigation is, therefore, the con-
StructiOn and enforcement OF an act of
congress, and the court acquires JurlS-
diction because of the federal question
involved. That such question is in
volved. | think too PLAIN for serious con-
troversv. 1t is sufficient to constitute a
case for cognizance by federal court if
it involves but d single ingredient or
question dependent upon the constitu-
ton, or a law or treaty OF the United
States, although it may at the same
time involve any other questions that
depend upon the general principles OF
law"
anthnrifiaC ann rn-
views the case, including the granting
OF the temporary injunction Marcn IL,
and then continues:
The section in the interstate law
above quoted made it mandatory upon
! connecting railroads to receive and de-
| liver passengers and freight and to af-
| ford equal facilities for the interchange
| of traffic. Corporations can act only
| through their officers, agents and serv-
| ants, so that the mandatory provisions
| of the law which apply to the corpora
ton apply with equal force to its officers
and employees. The authority of the
court to issue such a order has been
| questioned, but it rests on Well-eStab-
lished principles"
After reviewing the cases of the men
held for contempt of court, the judge
| finds that Clark, Case, Rutger and Con-
| ley uulb luO NlOC VI bhO
| when they had right to. and are not
in contempt. James Lennon, however,
| stands adjudged as guilty of contempt,
and to pay fine OF $50 and the costs.
| 1.-The orders made in this case as to
| all the connecting roads and their en-
| ployes who have continued in the serv-
| ice are still in full force, and it is but
| lust to all concerned that the court
| should say that the laws and orders hav-
! ing now been fully interpreted and
made public, any violations thereof that
| may hereafter be made will be dealt
with with spirit and purpose quite
different from that which has controlled
US IN this case"
Different Opinions.
Ask a Lake Shore or Ann Arbor
striker tonight what he thinks of the
| decisions, and he will probably reply,
'fOh, | dunno" These two words just
| about express the general situation here
at the present time The majority of
| the strikers seem utterly unable to de-
| eide for themselves whether or not they
have gained point in the controversy,
and the intelligent public is in about the
same fix. A great many seem OF the
| opinion that the railroads have got the
best of the deal, inaSmuch as the in
| junction against Arthur has been made
| perpetual, and the spirit of the new
law promulgated by the court carried out
in the conviction of the defendant, Len
non. On the other hand, those few strik
ers who do pretend to understand the
situation claim that the injunction
against Arthur does not affect them in
the least, inasmuch as he has no power
to call a strike or order a boycott, anC
that the discharge of the seven Other
strikers is an evidence that it will bt
almost impossible to enforce the new
law compelling all employees. while
still in the service of the railroad, t.
handle the freight of any other road or
which there may exist boycott.
The attorneys for the brotherhood
assert that there was no more reason
for the conviction of Lennon than there
was for the conviction of the othel
strikers. The case,
Their Att OIneysC Claim.
has not been finally and completely con
sidered. The matter has resolved itsel
down to the old original question O.
whether or not the employees of rail
road shall have the right to quit worl
when they feel so disposed. In spite o
all claims to the contrary. the attorney.
claim that this is the real vital question
and they say that if the courts of las
resort decide that employees shall no
have the right to so quit, that the entire
system of labor unionism in this coun
try will be wrecked. and that govern
mental control of the railroads will no
be far off. No evidence has been pro
duced, it is claimed, tending to shov
that either Mr.. Arthur or any of hi
men entered into criminal consYIl