The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-20
BOTH SIDES HEARD.
Argument in the Wabash In
junction Case Continued.

St Louis Mo-. March 90-Attorney
Judson. speaking for the Brotherhood
Of Locomotive F'iremen and the Broth
erhood of Railway Trainmen, gave at
tention this morning to the claims ad-
vanced by the railroad that the griev-
ances in the case originated with the
defendants in the case and not with en-
ployes of the railroad He read cir
cular issued by President Ramsey Of the
Wabash road last November which in
formed the men that he was considering
the question of advancing wages. This
was, ne said. an admission that grew
ances existed on the road before the
grievance committee presented its de-
mand to Mr.. Ramsey.
He then took up the right of the men
to take advice upon their course OF con-
duct After reading decisions OF Judge
Taft and Judge G1rosscup which recog-
nized the right OF laboring men to assoc
ciate and combine. he argued that the
right to combine carried with II the
right to take advice from those with
whom they are united.
Judson claimed that the assertion OF
the railway that if the men struck II
would he in violation of contract was
not tena BILE, inasmuch as there were no
contracts in existence. There was nOth-
ing to prevent the discharge Of any man
at any time. the conditions and dura-
ton of employment We're liked by the
rules of the road which were estab-
lished by the railroad officials. Il was
utterly inconsistent. he declared, TO
construe such a condition of affairs a.
a contract.
In summing up the evidence given in
the case Mr.. Judson declared that the
sole Jurisdiction possessed by the court
came through violations of the inter
state commerce act. These violations
must be Illegal in the means used 70
attain an end or Illegal in the ends
sought and there has been nothing
declared Indicate that
either the end sought or the means
used to attain it We're against the law
and therefore the entire case fell to the
ground and he therefore prayed the dis
solution of the Injunction.
He concluded his argument at 9:4o
and Judge H. S. Priest, special counsel
for the Wabash road, rose to make the
third argument for the company.
Judge Priest laid down as funda-
mental principle that wbosoever inter-
feres by coercion. intimidation or per
Suasion with the business of an en-
ployer, by inducing an employee to leave
his service is liable to that employer for
all damages sustained through the de-
lection Of that employe He quoted a
number Of legal decisions in support OF
this position, declaring that an analysis
of the afidavits submitted in the case
showed conclusively that the defendants
had so interfered in the business of tbs
Wabash railway and were therefore in
violation of the interstate commerce
law
These defendants claim" said Judge
Priest. that they came down here to
submit a schedule of wages to President
Ramsey. Now. where is that scheduley
They never presented it. They claim
that they have been receiving instruc-
tons every day from the Wabash en-
ployes. Where are they? Why are they
not brought into court2'
The speaker charged the defendants
with bad faith in claiming the existence
Of grievances when their sole motive
was to secure recognition of their union.
How about this vote that was taken.
saying that the men desired tc strike -
demanded the attorney. Voting is q
fine art these days. Members of the
grievance committee go home to poll
this vote. and then come back and de-
clare its result. They deal with the
members Of their organization as 50
much stuff or merchandise. l have a
right to question the fairness of this
poll unless I know the methods by
which it was taken Why are not the
ballots shown in court2 They are the
best proof # the result of that vote
At this point in Judge Priests argu-
ment recess was taken until o'clock