The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-02
ORDER PREVENTING
STRIKE D|SSOLV VED
The Wabash Defeated in its
Contention.
THE STRIKE MAY FOLLOW
II Is Claimed However That fff0is are 10 be
Made Both by the Road and the
Union officials 10
Avert i.
THE STRIKE MAY FOLLOW
(By the Associated Press.)

(By the Associated Press)
st. Louis, Mo-, April 1.-The injunction
issued March 3, by Judge Elmer B. Adams
of the United States District court at the
instance of the Wabash Railroad COM
pany officials to restrain the Brother
hoods of Railway Trainmen and Fire
nien from ordering a strike on that sys-
tenn was dissolved to-day in decision
handed down by Judge Adams, week
after the hearing of arguments for and
against the removal of the legal obsta-
cles.
While no one will express an 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 affected, the understanding
seems to be general that a strike is sure
to result.
At Wabash headquarters it was stated
that amicable adjustment of the con-
troversy Is hoped for. The same senti-
ment was expressed at the hotels, where
are quartered the few representatives of
now in the city. Counsel for both sides
spent the afternoon in conference, but
no agreement was reached.
Judge Adams announced that court
would be in session and retain jurisdic-
tion of the case, if desired so that in
the event of any molestation of, or in
reference with, Interstate commerce
or the mails service. All its lawful pow
ers may be invoked to restrain the same,
with the confident assurance that they
will be fearlessly and effectively ex-
ercised.
The temporary injunction was granted
by Judge Adams, on allegations made by
officials of the Wabash system, that the
defendants were conspiring to interfere
with Interstate traffic and in the trans
mission 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 Section
us revised statutes of the United States,
and was imperatively demanded by the
general principles of equity Jurisprudence.
recognized and entered in many similar
England.
Many authorities wanting the provision
al restraining order in question in cases
of conspiracies to intention with Inter
state commerce and otherwise are cited
in support of this last proposition.
Within the time allowed by the re-
straining order defendants duly appeared
and filed their sworn answer, denying the
alleged conspiracy in all its phases, and
particularly denying any purpose to in
terfere with lnter-S State commerce or the
mails of the United States, and especially
denying that the employees were satisfied
with wages and conditions of their SER
vice. and denying the practice of any
and all coercion or false representations
to bring about a strike, averring that the
only purpose of the present defendants
in consenting to a strike was to better
the condition of their membSrts who
were in the employment of the railroad
by the exercise of their undoubted right
to fully withdraw from such service
until such time as their demands of
wages, etc, should be conceded.
The court, after full considering all
the proof, fiads that the statements of
the bill of complaint to the effect that
the employees were satisfied with their
wages and conditions of service are not
supported; that irrespective of the ques-
tion whether the men of the committee
OF the brotherhoods representing them
first suggested 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 condi-
tions of service, and a real difference of
opinion existed between the railroad and
d large majority of its employees, mem
bers of the Brotherhoods. with respect
to their wages and that the defend
ants as officers and committees of the
Brotherhoods were fully authorized both
by reason of their official relation to
their members and also by direct writ
ten authority to represent them in the
effort TO secure higher wages and change
conditions of service and that the pro-
posed strike instead of being officiously
ordered by defendants. was result of
the vote of the employees acting without
coercion and directly authorizing the
same.
'The court further finds, after 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;
"I cannot conclude this opinion with
out expressing the sincere wish of the
court that. if the parties are unable to
adjust their differences by such mutual
concessions as are necessary to that end
the offer made in open court by defend
arts counsel to submit the questions in
dispute to the board of arbitration pro-