The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-04-07
JUDGE JENKINS FIRM
He Stands by His Famous North
ern Pacific Strike Order,
And Refuses to Modify the Injunction
Against the Railway Chiefs, Ex-
cept in One Clause.
HIS OPINION NOT CHANGED
He Merely Strikes Out Words that
He Regards as SuperhuOus,
And Which Arthur, Sargent, ct AL. Took
Special Exceptions TO-Judge Dun
dy to Union Pacific Employees.

MILWAUKEE,, Wis, April 6-The de-
cision of Judge Jenkins upon the petition
to modify the famous strike order in the
Northern Pacific receivership matter which
has been expected for several weeks, vas
handed down to-day. The court room was
crowded when Judge Jenkins took his seat,
and the Judge had a more attentive audi
ence while he read the elaborate decision
than usually honors the reading of decis-
ions in the United States Court. II. c.
Payne was the only one of the receivers
present in court. He was accompanied by
George =. Miller, the local attorney for
the receivers. The only representative of
the petitioning labor organizations was
Charls Quarles, one of the attorneys. 1t
took the Judge nearly two hours to read
the decision, and at the close the court ad-
journed.
All of the attorneys present pronounced
the decision a comprehensive and mastery
analysis of the strike problem. Attorney
Quarles, of course, was not pleased with it,
but said he had anticipated the decision
from the time the petition for modification
made. The case will be appealed. Be
fore adjourning Judge Jenkins said that
>as the question involved was a highly i'm
portant one, and it was desirable that it
should be reviewed by a court of the last
resort. he would gladly cooperate with
counsel in securing an appeal. Mr.. Justice
Harlan. he said, would sit with the Appel
ate Court in Chicago on May 21, and the
appeal might be taken so as to have the
case decided at that time.
The decision of Judge Jenkins the sub
stance of which is given below. grants the
technical modification of the supplemental
order asked for by the petitioners. while
it reiterates more strongly the real posi-
tion taken in the injunctional order. In
reality there is not a point yielded. will
be seen from the text. The order to strike
out the offensive clause in the supplemental
injunction, taken in connection with what
goes before, is a delicate rebuke to the
counsel for the petitioners for quibbling
over the ambiguity of the clause, the sub
stance of which was clearly and
strongly stated in the preceding sentences.
The decision rests upon two propositions,
which are deliberately elucidated. These are
the illegal purpose and character of the
strike which the order was to prevent, and
the authority of the court to prevent and
punish Illegal acts.
The motion was made by P. NJ. Arthur,
grand chief executive officer of the Brother
hood of Locomotive Engineers; F. P. Sar-
gent, grand chief fireman of the Brother
hood of Locomotive Firemen; Z. E. Clark,
grand chief Of the conductors; ID. G. Ram
say, chief of the Telegraphers' National
Association; S. f. Wilkinson, grand chief
of the Brotherhood of Trainmen, and John
Wilson. grand chief of the Switchmen' s
Mutual Benefit Association. These organ
iZations and officers stated in the motion
that they represent such employees of the
Northern Pacific only as belong to the
organizations named. The petition asked
for the modification Of the injunction of
Dec. 10 by expunging the words land from
combining and conspiring to quit, with or
without notice, the service of said receivers
with the object and intent of crippling the
property in their custody or embarrassing
the operation of said road, and from so
quitting the said receivers, with or with
out notice, as to cripple the property or
to prevent or hinder the operation Of said
railway" 1t also asked that the passages
in the supplementary injunction (Which is
much stronger) covering the same ground,
be eleminated The object of the motion
was to bring to a direct issue before the
court the question whether courts can
grant injunctions to restrain employees from