The Savannah morning news., 1903-04-02
STRIKE IF THEY LIKE
INJUNCTION AGAINST WABASH EN-
PLOYES DISSOLVED.
DECISION OF JUDGE ADAMS
SHOWS THAT THEY HAVE A PER-
Feet RIGHT TO STRIKE.


fere with Interstate Commerce
or the United States MaiIs-Em-
pIoyes Who Were Members of the
BrotherhOOds Not COerced Into
the Decision to Strike.
St. Louis, Mo-, April 1.-The injunc-
on issued March 3 by Judge Elmer
4. Adams of the United States Dis
trict Court, at the instance of the
Wabash Railroad Company officials, to
restrain the brotherhoods of railway
trainmen and fremen from ordering
a strike on that system, was dissolved
to-day in a decision handed down by
Judge Adams, a week after the hear
ing of arguments for and against the
removal of the legal obstacle.
While no one will express al opinion
as to the next probable move on either
side, remarks dropped indicate that
every effort will be made to effect a
settlement and avert strike. But if
a settlement shall not be effected, the
understanding seems to be general that
a strike is sure to result.
At Wabash headquarters it was stat
ed that amicable adjustment of the
controversy is hoped for. The same
sentiment was expressed at the hotels,
where are quartered the few repre-
sentatives of the trainmen and firemen
now in the city. Counsel for both sides
spent the afternoon in conference, but
no agreement was reached.
Judge Adams announced that court
= fe,fYo Yri- lia-
ton of the case, if desired, so that
in the event of any mOlestatiOn Of or
interference with, interstate commerce
or the mail service, all it's lawful pow
ers may be invoked to restrain the
same, with the confident assurance
that they will be fearlessly and effec-
lively exercised.
Clear Case for TrniDmen.
Judge Elmer B. Adams handed
down a decision diss6lving the injunc-
ton granted March 3. restraining Of
f1cials of the Brotherhoods of LOcomo-
tive Fireman and Railroad Trainmen,
and other labor leaders, from influence
ing in any way or ordering the men
employed on the Wabash System to
strike.
The temporary injunction was grant
ed by Judge Adams, on allegations
: made by-ofTicfaIs of the Wabash Sys-
tenn that the defendants were con-
spring to interfere with interstate
tlafc and in the transmission of
United States mails. Judge Adams,
in his decision, says 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 sec
ton us Revised Statutes of the United
States, and was imperatively demand
irl of nv
Jurisprudence, recognized and enforced
in many similar cases in the United
States and England, Many authorities
Warranting the provisional restraining
order in question in cases of conspira-
cies to interfere with interstate COM
merce and otherwise arrested in sup
port of this proposition.
Within the time allowed by the
restraining order, defendants duly APP
peared and filed their sworn answer,
denying the alleged conspiracy in all
its phases and particularly denying
any purpose to interfere with inter
state commerce or the mails of the
United States, and especially denying
that the employees We're satisfied with
wages and conditions of their service:
and denying the practice of any and
all coercion or false representations
to bring about a strike; avering that
the only purpose of the present de-
PENDANTS in consenting to a strike was
to better the condition of their mem
bers, who were in the employment of
the railroad, by the exercise of their
undoubted right to peacefully with
draw from such service until such
time as their demands of wages, etc,
should be conceded.
Claims Not Supported.
The court. after fully considering
all the proof, finds that the state
ments of the bill of complaint to the
effect that the employees were satisfied
with their wages and conditions of
service are not supported; that ire
spective of the question whether the
men or the Committee of the Broth
erhoods representing them first sug-
gested the increase of wages and
change of rules, the employees them
selves, at and for a long time prior
to the filing of the bill of complaint,
were dissatisfied with their wages and
conditions of service, and a real diff
Terence of opinion existed between the
railroad and a large majority of its
employees, members of the brother
hoods. with respect to their wages,
and that the defendants, as officers and
committees of the brotherhoods, We're
fully authorized, both by reason of
their official relation to their members
and also by direct written authority
TO represent them in the effort to Sc
cure higher wages and change con-
ditions of service, and that the pro-
posed strikes, instead of being ofticious-
ly ordered by defendants, was result
OF the vote of the employees, acting
without coercion and directly author
izing the same
The court further finds, after a full
examination of the evidence, that the
charge of conspiracy to interfere with
the interstate commerce of the United
States, or the mail service of the
United States, is not sustained"
Judge Adams, in concluding his de-
cision, said:
L cannot conclude this opinion
without expressing the sincere wish of
the court that. if the parties are I'M
able to adjust their differences by such
mutual concessions as are necessary
TO that end, the offer made in open
court by defendants counsel to submit
the qestion in dispute to the Board of
Arbitration provided for by the act
or Congress of 1898, will be speedily
accepted, and another instance of ra-
tonal and intelligent adjournment of
a business difficulty be expedited to an
expectant public"