The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-20
SUPREME COURT nECInEys
AGAINST ENGINEER LENNON IN
THE INJUNCTION CASE.
BUT ONE POINT AT ISSUE.
THE JUSTIFICATION OF THE LOW.
Err COURT NOT TAKEN INTO
CONSIDERATION.
CLAIMS OF SETTLERS HELD VALID.
A Favorable Finding Involving
Lands Occupied Within the Origi-
nal Northern Pacific Grant.

WASHINGTON, April 19.-The SUI
preme court, in an opinion delivered
by Justice Brown, today affirmed the
decision Of the circuit court of appeals
for the sixth circuit, in the case of the
petition Of James Lennon for a writ
of habeaS corpus. Lennon was loco
motive engineer on the Lake Shore &
Michigan Southern railroad and, as
such, refused to haul the cars Of the
Toledo, Ann Arbor &c North Michigan
railroad, in disobedience Of an order
Of the circuit court for the Northern
district of Ohio, because the engineers
Of the Ann Arbor ROAD were ON q
strike and those of the other line were
in sympathy with them. Lennon was
arrested and a fine Of $50 imposed.
This occurred in the circuit court for
the Northern district or Ohio. He i'm
mediately filed a petition for a writ
Of habeas corpus, which was success
sively denied by the courts below, and
their action was sustained by the SUI
preme court today. The case origf-
mated in 1893 and attracted wide at
tention.
Justice Brown, in rendering the opin-
ion, said that the only question raised
in the case is whether the circuit court
exceeded it's jurisdiction in holding
Lennon for contempt, the supreme
court not being at liberty to consider
the testimony or to inquire whether
the facts justified the action. He said
that the fact that Lennon was not
a party to the original suit for an in
junction was immaterial, so long as 1t
was made to appear that he had notice
Of the issuing of an injunction by The
court, which, it appeared from the tes-
timony, he had. No attempt was made
to interfere with Lemons contract
with his own company or to compel a
continuance of his services. 1t was not
necessary to decide whether an eng1-
neer may suddenly, without notice.
quit the service of a railroad company
between stations, though cases might
be imagined where a sudden abandon
ment of train load Of passengers in
an unfrequented spot might imper1l
their safety and even their lives
On the question of the injunction
the court says it was proper, as it bore
solely upon the relations of the rail-
way companies to each other. It was
a question for the court below to de-
termine whether Lemons action in
delaying the train five hours at a way
station was taken in pursuance of a
determination to abandon the service
of the company or for the purpose Of
disobeying the courts injunction. The
finding of the trial court was against
him on that point. and the supreme
court held that there was no error in
this judgment.
Justice Harlan handed down the
opinion Of the court in the case of
the Northern Pacific against Junius q.
Sanders and others, involving the val
idity of claims to land made by set
tiers under the land laws, within the
limits of the Northern Pacific grant,
subsequent to the government circular
Of 1872 withdrawing the land and prior
to the definite location Of the line Of
the road The decision was favorable
to the claims of settlers, that claims
made under such conditions are valid
In the case of Charles w. Nordstrum
under sentence of death in Washing
ton state, the court granted a stay Of
proceedings to await the decision Of
Nordstrums appeal to this court from
q decision below refusing him a writ
of abe3S cOrDIIS