Omaha daily bee., 1903-04-02
DECIDES ALL POINTS FOR UNIONS
Railway Contention Of Conspiracy by
Officials il Declared Unfouudsd
COURT HOLDS THAT GRIEVANCES EXIST
Says Employees Voted to Walk Out in
Support Of Demands Made,
REMOVES INJUNCTION STAYING WAGE WAR
Company nt once Renews Negotiations
with Hope of Peacefully Settling
Dispute After Legal Fight
f. Ended.

ST. LOUIS. April lin the United States
district court today Judge Folmer B. Adams
handed down a decision dissolvng the In
junction granted March restraining off,
cials of the Brotherhoods OF Locomotive
Firemen and Railroad Trainmen and other
labor leaders from influencing in any way
or ordering the men employed on the Wa
bash system to strike.
The temporary injunction had been
granted by Judge Adams on allegations
made by oficlals Of the Wabash system that
the defendants were conspiring to interfere
with interstate traffic and the transmission
of United States mails.
l.. n Judson OF St. Louis. special coun-
sci for the brctherhoods, stated to the
Associated Press that he and Colonel
Wells II. Blodgett, general solicitor of the
Wabash Railroad company, we're making
efforts to bring all the parties in interest
together and that In his opinion an
amicable agreement would be arrived at
and that there would be no strike.
Colonel Blodgett when seen after court,
was apparently depressed by the decision.
When asked II an appeal would be taken
he said: ut is too early to say now
whether or not we will appeal"
Analyses the Complaint.
In his decision Judge Adams first an
alyzes the bill Of complaint upon which
the provisional restraining order was is
sued. showing that the serious part Of the
charge was that the defendants had en-
tered into an unlawful and malicious con-
spiracy 10 secure recognition of their
brotherhoods by falsely representing that
the employees Of the railroad are dis
satisfied with their wages and conditions
Of service, when they were in fact entirely
satisfied and contented with the same; that
the defendants we're about to exercise their
powers as supreme and controlling officers
OF the brotherhoods OF flremen and train
men to force an undesired strike upon the
men. who were members or their organizs-
tions that the defendants threatened and
were about to further enforce their de-
mands to execute their conspiracy by pre-
venting the railroad from performing its
duties as carrier OF interstate commerce
and the mails OF the United States by pre-
vomiting .shssrSmenbers- who were working
for the connecting lines from interchang-
ing trafiic OF the road and thus preventing
the connecting lines from interchanrg-
Ing traffic with and affording the Wabash
the facilities therefor required by the in
terstate act.
Giat of the Charge.
The gist OF the conspiracy coming within
the Jurisdiction OF the federal courts as
charged in the bill. was to precipitate
strike undesired by the men and thereby
and by other means specifically charged in
the bill, TO interfere with interstate COM
merce and the mail service Of the United
Statos
Upon the showing made that the first step
OF the conspiracy, namely. the ordering Of
such a strike, was Immediately contem-
plated by the defendants, and that irrepar-
able damage would necessarily befall the
k-ailroad unless a restraining order was
forthwith issued, the same was done for the
purpose of holding the property and the
parties in statu quo until both sides could
be fully heard on the motion to set aside
or modify the ordeH Leave was given TO
file such q motion at any time within fifteen
days,
The provisional restraining order was
made without notice to the defendants under
the stress of the facts disclosed by the bill,
and was fully authorized by section 71S re-
>Ayised statutes OF the United States, and was
Yfmperatively demanded by the general prin-
ciples Of equity and Jurisprudence recog-
nized and enforced in many similar cases
in the United States and England, many
authorities warranting the provisional re-
straining order in question in cases Of con-
spiraeles to interfere with interstate COM
OF this last proposition.
Complaint Not Supported.
The court after fully considering all the
proof hnds that the statements Of the bill
OF complaint TO the effect that the en-
ployes were satisfied with their wages and
conditions OF service are not supported;
that irrespective Of the question whether
the men or the committee OF the brother
hoods representing them first suggested
the increase OF wages and change OF rules
the employees themselves, at and for Ions
time prior 10 the filing OF the bill Of COM
plant. were dissatisfied with their wages
and conditions Of service. and a real diff
ference Of opinion existed between tn,
railroad and a large majority OF its EN-.
ploye members OF the brotherhoods with
respect 10 their wages, and that the de
fendants as ofioers and committees Of tht
brotherhOods. we're fully authorized boti
by reason OF their ofioial relations to thei
members and also by direct written au.
thority. to represent them in the effor
20 secure higher wages and change oondi
tiOns Of service. and that the proposed
strike instead OF being ohieiously ORDERED
by defendants was a result OF the vote o
the employees acting without coercion ant
directly authorizing the same.
The court further hnds after a full ex
animation and analysis Of the evidence
that the charge of a conspiracy 20 inter
fers with the interstate commerce OF tn
United States or the mail service OF tn
United States Is not sustained.
Both Grand Master Hannahan OF the hTe
men and Vice Grand Master Lee OF tn
trainmen have telegraphed their rsspec
tive lodges and divisions on the wabas
20 hold joint meetings next Sunday.
The purpose OF these meetings is KEEP
secret. but the general supposition Is tina
they are intended for hnal action.