Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-04-01
adams DISSoIVeS
The Injunction
Wabash Loses lis Case Against BroesRoodS Of Locomotive
Fremen and Railroad Tfamnlen- Charges Of Con-
Spracy 10 Interfere With Interstate Commerce and L.
S. clfailS Not Sustained Law Relating 10 Employees.

ST. Louis, April lin the United
States district court today Judge Elmer
3. Adams handed down a decision dis
solving the injunction granted March 3,
restraining officials OF the Brotherhoods
OF Locomotive Flremen and Railroad
Trainmen and other labor leaders from
interfering in any way or ordering the
men employed on the Wabash system
to strike The temporary injunction
had been granted by Judge Adams on
allegations made by officials Of the
Wabash system that the defendants
were corspiring to interfere with inter-
state traffic and the transmission Of
United States mails.
The decision dissolvng the njuuc-
tion was rendered at 1850 a. m. to-
day,
BILL ANALYZED.
In his decision Judge Adams first
analyses the bill of complaint upon
which the provisional restraining order
was issued, showing that the graya-
men Of the charge was that the de-
PENDANTS had entered into an unlawful
and malicious conspiracy TO secure rec
ognition Of their brotherhoods by false
~ representing that the employees of
the railroad who were members OF the
brotherhoods We're dissatisfied with
their wages and conditions OF service
when they We're in fact entirely salts
fed and contented with the same. that
defendants were about 20 exercise their
powers as supreme and controlling OH
GERS Of the Brotherhoods Of FIremen
and Trainmen to force an undesired
strike upon the men, who were MEM
bers OF their organizations: that de-
PENDANTS threatened and were about to
further enforce their demands to eve
cute their conspiracy by preventing the
railroad from performing its duties as
carrier Of interstate commerce and the
mails Of the United States by prevent
Ing such connecting lines from inter-
changing traffic with and affording the
Wabash the facilities therefor required
by the interstate commerce act.
GIsT OF CONSPIRACY.
The gist Of the conspiracy coming
within the jurisdiction OF the federal
courts. as charged In the bill was to
precipitate a strike undesirel by the
men and thereby and by other means
specifically charged in the bill, 20 inter-
fere with the Interstate commerce and
the mail service Of the United States.
Upon the showing that the first ssep
Of the conspiracy, namely, the ordering
of such strike. was Immediately con-
templated by the defendants and that
irreparable damage would necessarily
befall the railroad unless 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 order. Leave was given to file
such motion at any time within Is
days.
RESTRAINING ORDER.
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 rs revised statutes Of the
United States and was imperatlvely de-
manded by the general principles Of
equity jurisprudence, recognized ana
enforced IN many similar cases in the
United States and England. Many au-
thorities warrantng the provisional re-
straining order In question In eases Of
conspiracy to interfere with Interstate
commerce and otherwise are cited In
support Of this last proposition.
Within the time allowed by he re-
straining order defendants duly APP
peared and filed their sworn answered.
nying the alleged conspiracy IN all It's
phases ana particularly denying any
purpose TO Interfere with Interstate
commerce or the mails OF the United
states and specially denying that the
employees were satisfied with wages ana
conditions of their service, and deny
ing the practice Of any and all coercion
or false representations 10 bring about
a strike; averring that the only pur-
pose on the part Of the defendants In
consenting 20 strike was TO better the
condition OF their members who were
I'm the employment of the railroad. by
The exercise OF their undouhted right 60
peacefully withdraw from such service
until such time as their demands OF
wages. etc. should be conceded.
Many afidavits and exhibits were
flied on both sides and the case has
been ably and extensively argued by
eminent counsel
THE QUESTION NOW.
The question Is now whether upon all
the proof before the court Il should
award a preliminary injunction or set
aside the provisional restraining order
already made
The court after fully considering all
the proof finds that the statements OF
the bin Of complaint to the effect that