Omaha daily bee., 1902-12-04
JUDGE RULES ON INJUNCTION
Holds Action Growing Out of Telephone
Boycott is Improperly Brought,
WITNESS IN LIBEL CASE AN Ex-CoNWCT
Illinois Man Convicted of SwindIing
in n Washing Machine Deal Wants
n RehearinE-Iowa Con-
tributes Little.


DIES MONIES, Dec. 3.-(Specia l)-Judge
Mcpherson Of the federal court today made
a ruling in the suit for injunction against
the labor assembly officers in regard to the
telephone strike. At the time of the strike
against the Iowa Telephone company in
this city last summer a movement was in
augurated to induce business men to take
out their phones and the labor union peo-
pie were Jealous in carrying on this move
ment. The Illinois Savings and Trust com
pany, on behalf of the telephone company,
on which it holds a mortgage, secured an
order for a temporary injunction in the
United States court at st. Paul signed by
Judge Sanborn. The injunction restrained
all persons and especially the officers and
agents of the Des Moines Trades and Labor
assembly from removing telephones with
out authority, or from urging or advising
hat they be removed, or carrying on the
boycott which had been declared. The la
boring men moved before Judge Mcpherson
to dissolve the injunction and the taking
Of testimony has been in progress here for
a long time. Today Judge Mcpherson de-
cided that the case as brought by the Illi-
nois Savings and Trust company Is not
under the jurisdiction of the court, but he
permits the injunction to stand for fifteen
days, pending which there may be another
suit brought or an amendment which will
confer jurisdiction. He decided that the
case should be brought direct by the tele-
phone company and not by the mortagee,
hence the injunction was not in proper
form to stand.
Chief witness an Ex-Convict.
Another sensation turned up today in the
Tate Clarkson libel suit in the district
ao,rt tho Jignnyory baipu that tho nnrGOO
on whom the entire action was based is
an ex-convict. The trouble all arose over
the publication of an editorial comment on
an affidavit or two afidavits made by one
L. A.. Gray relating to corruption at a pri-
mary election. Yesterday Gray could not
be found. This morning he appeared at an
attorneys office, but disappeared again
and was arrested this afternoon and fined
for contempt of court. But the discovery
was also made that Gray, since he signed
the afidavits, was arrested and convicted
of the crime of breaking into a store in
this county and was given a sentence of
six months in the peuitentiary. He has
served his time and is home again. But
he was sent UP under an assumed name
and the identity of the man as the affi-
davit maker was not discovered until to-
day by the court or the county officials.
Papers were filed in the supreme court
today asking for a rehearing in the case
Af the state against Hubbell o. Soper, con-
victed at Washington, Ia, of conspiracy to
commit the crime of cheating by false
pretenses. He vas one of a company OF
persons selling patent washing machines
and was convicted and sentenced and the
sentence affirmed He is living in Dixon,
/ ILL.,, but wants a rehearing.
Application for rehearing has been made
In the case Of Boland V. Tierney, from
Plymouth county, a case attracting a good
dead of attention, because involving a
tract of land and prominent persons, and
because of the peculiar conditions of the
case.
The oliver Food company of Marshall
town has been incorporated with a capital
of $40, 900 by H. D. East and others.
The adjutant general has received notif-
cation from the captain Of the company in
the Iowa National guard at Hampton that
the company has been brought up to the
requirements and will continue.
Form Insurance