The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-20
WABASH CASE HEARING.


ST. LOUIS, Mo-, March 19.-Arguments
In behalf of the Wabash Railroad were
concluded to-day in the injunction suit
and the first statement in behalf of. the
men, by +. n. Judson, of st. Louis, was
unfinished when court adjourned for the
day. The case will certainly continue
throughout tomorrow and possibly through
out Saturday. No restriction has been
placed by Judge Adams on the duration of
arguments and the attorneys will be given
ample time for discussion.
AT the opening of court Colonel Blodgett
resumed his argument, which was unfin-
ished Wednesday. He read extracts from
the constitution of the Brotherhood of Lo-
connective Firemen to prove his contention
that there were grievances entertained
by the employees against the road, mas
much as the brotherhood, according to his
contention, had not proceeded in accord
ance with its own laws Its failure to do
so, he claimed, showed conclusively that
there was no grievances to be redressed.
He claimed further proof of this in his
statement that the grievance committee
had never taken up any alleged grievances.
Inc whole thing, he declared, was in
the recognition of the union and failing in
this the defendants had conspired to induce
the employees to stop work and otherwise
inJure the road: Colonel Blodgett concud-
ed his argument at 1880 o'clock by a general
resume of the evidence, in which he de-
clared II was plainly shown that a con-
spray ,,t st existed to tie up the road and Grip
n. Trayous, who also spoke In behalf of
the railroads.
AT the conclusion of Mr.. Travous's argu-
opening arguments for the defendants Mr.
Judson said the attorneys for the raiIroa dis
mad declared that the injunction did not
prevent any man from leaving the employ
of the Wabash. He read that portion Of
the injunction which prohibits any officers
OF the union from persuadng or coercing
its service. The right to resign he de-
clared. is the chief right that labor has.
but under the wording of the injunction the
officers of the labor organizations are pro-
hibited from insinuating or suggesting to
an employe of the Wabash that he could
better his, condition by quitting work, and
this he said, was an interference with the
right of men to stop work when they chose.
There was, he said no attempt on the part
of the two brotherhoods to discriminate
against nonunion men,, and such conduct
was not foreign to the policy of the railroad
organizations Mr.. Judson quoted numer-
Gus legal decisions which went he said to
Railroad have perfect right to combine
or to leave its service or to allow an or
ganization other men to act for them
No authorities. he said. had been cited by
the attorneys for the road to prove the con-
trary. THE charge of conspiracy brought
against these defendants" said Mr. 'JudsOn,
Consists only of the demand of the men
that they be represented by committee
in their negotiations with the company.
What they most desired was the right of
recognition in behalf of their committee"
After distressing this point at length Mr.
Judson took up the statement advanced
by the attorneys for the railroad that the
company pays as good wages in all in
stances and in some cases better wages
than are paid by Its competitors. There
were physical notifications of the Wabash
schedule which entered into the proposition,
the attorney commended, such as length of
runs and hours of employment which went
to disprove this claim of the company
The question of grievances was then
touched upon brify by the attorney. who
was passing to other matters when he was
interrupted by the court.
you will recollect." said Judge Adams
that in the bill of complaint it was set
forth that there were no grievances, but
that false statements were made by the
committee to the effect that such griev-
ances did exist and that these statements
were made for the purpose of securing
recognition of the union. Are you going
to allow that matter to rest where Ii is?"
II am about to discuss it further" said
Mr.. Judson, and he did so at considerable
length.
There is no evidence" continued the at
torney in closing this part of his argu-
ment, that the grievances originated with
the grievance committee and not with the
men themselves. but l declare that if the
grievance committee Iell inclined 10 urge
employees of the Wabash road to ask for
better wages they had right to do So"
"A paper has been in here" broke in
Judge Adams, "purporting to be state
ment of the men authorizing this commit
tee to act for 1t in negotiations with the
road. / want to see that paper" 1t was
handed up. and the Judge, after reading 1t
through. made copious notes.
Mr.. Judson then took up the affidavits
alleging disposition on behalf of the de-
PENDANTS to tie up the Gould roads If their
demands were not granted by the Wabash.
mo such thing said,'' he declared
sympathetic strike is not sanctioned by
these brotherhoods. and there could not
have been conspiracy to tie up the other
roads The history of these organizations
is almost barren of strikes"
Judge Adams again interrupted to ask
for information which he required and
when he had received 1t adjourned court
| for the day.