The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-07
JUDGE JENKINS. DECISION.

He Declines to Modify His strike Injunc.
uon, Except In one Particular = 4
Lengthy Opinion.
MILWAUKEE, WIS, April 6.-The long
looked for decision by Judge jenkins,
on the motion made BY chiefs OF great
railway organizations for a modification
OF his famous Northern Pscifc strike
order, was read in the United States
circuit court to-day =: o'clock this
afternoon. The object OF the motion
was 10 bring TO direct issue before the
court whether courts can grant injuac-
tons TO restrain EN- ployes from striking.
Judge jenkins. after reviewing the
case at length ald giving his reasons for
his decision, concluded as follows:
ltis con;acdei thar tho restraint I'M
posed by that part OF the original writ
10 which objection Is made by this mo-
ton is in deeoca,ion OF common right,
and Sn unlawful restrs!nt upon the in-
Gividual TO work Tor whoever he chooses,
10 determine the conditions upon which
he will labor and 10 abandon such en-
ploymert whenever he may desire
The receivers enployed in the opera
ton OF the property some 1900 men.
These men are responsible to the court
for their conduct The petition repre-
sented TO the cortland tho fac:s are
confessed by this motioR-that some OF
the men Threatened 10 suddenly quit
the service OF the receivers snd 10 com.
pei by threats and fore and violence
Nth h.
continue in the service TO qci. their
employment; that by organized effort
and by iosea and intimidation they
would proven; others from taking SER
vies under the receivers in place OF
those who might leave such service.
thereby causing incalcuisb!e loss TO the
trust properly and in1ict!uc great in
convenience sad hardship upon the
public.
The restraining portion OF the writ
complained OF aad now under consider
a.ioa prohibited these men from COM
bining and eonspir!aS TO quit this ser
vice with the above object The w.i.
was in prevention Of the mischief as
serted. In no respect, as l conceire,
does that portion OF the Wi, interfere
with individual liberty,
One clause OF the supplemental in
junction has been characterised as
wholly uawa-rantsd. That clause IS
aud trom ordering. recon-
meaGius, approving or sdvisiuc others
TO quit the service o. the receivers oil
the Northern Pse:Se railway on Janu-
airy !, 1872. o. 81 any ether time"
Whatever terms may be employed,
:he edee; is the same. lis { command
which may not be disreSSsGed, under
penalty Of expulsion from che order and
OF social ossrsciSu. This language wss
employed 10 fo.iiiv the restraints o. the
,otheS portions OF the WI; and 10 NEE.
the various Giscuises under which the
command i. c'oskei.
II Was 30 inserted ous OF abua6aa.
S cspsioa, that the meaning OF the eour;
might be clear, ih.; there should Be no
4 understandable Interference with this
propstty, no intimidation, GO violence,
no strike.
Since. sassriere, The language Of this
particular phrase uiSy De miSconceive3,
and the ressraint iaieaiei is II nv
+ Judgment. comprshea6sd within the
other provisions Of the wit, The motion
in thai sesPee; will be sran,edlaad the
clause stricken from the WIT In 81
other RESPECTS the nosisa viii be Dc,
MED