The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-09

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agreement of employment IN violation /
of Its agreement whatsoever existing
between such employees and the wa I
bash, or that any of the defendants at |
any time orin any way unlawfully con- I
spired to attempt maliciously to inter /
fere with, or prevent the operation OF I
Wabash trains or prevent that railroad |
from carrying out any of its contracts |
with shippers for the transporta ton OF /
property or in any way to prevent the |
complainant from affording reasonable /
proper and equal facilities Tor the IN
terchange of traffic between It's rail-
roads and other lines of railroads con- !
Meeting herewith It is denied that
the defendants in any manner attempt
ed to conspire to prevent connecting
lines of railways from 1nterchanglng
traffic with and affording like facili-
ties to the compliments, as required
by the interstate commerce act OF Inc
United States and as required py us
alleged agreements between the com
piainant company and the connecting
railways in respect to the same as
therein alleged
It is denied that the defendants cont
bined to compel the Wabash ana It's
connecting lines or their employees 10
violate the interstate commerce act, or
any agreement with reference theretos
or from preventing the WABASH from
carrying mails in accordance with any
contracts existing between the United
States and the complainant, or that they
consDlred to prevent or obStruct the
Wabash in the discharge of its duty as
common carrier with respect to the state
and interstate commerce law.
1t is denied that the Wabash Will De
subjected to a multiplicity of suits ana
prosecution resulting in their irre3aI's-
bic loss and damage by reason of any
act on the part of the defendants, as
alleged in the bill of complaint
The Defendants further answering
deny that w G. Lee. p. II. Morrissey,
T. r. Dodge c. H. wilkins or any rep
resentative of the Brotherhood Of Rail
way Trainmen, and john Hanahan,
Timothy Shea and F. w Arnold, or
any representative of the Brotherhood
of Locomotive FiTemen. within TWO
years past prior to the date of the fling
OF the bill Of complaint, or at any other
/ time, unlawfulIy and maliciously con-
splFed to induce several hundred of the
employees of the Wabash engaged in the
operation Of its trains, or any other
number OF said employees. to become
members OF said organization, as is al
/ legged, but state that they have invited
and requested certain and many of the
employees to become members. of their
respective organizations for the pur-
poses as set out in the constitution ana
/ bylaws OF said respective organizations
and not for any other purposes.
/ They deny that such invitation or
request was unlawful or malicious or
/ the result Of any conspiracy to injure
/ the complainant or its employees as al
! legged in the bill of complaint, and de-
/ ny that they together with l. c. White
r. H. Hecox, George W. Bradley, J.
i Sell. F. G. Shepard. ". e. Rowe, H.
i McManus and VIM. Mckay Charles E.
I Lawton, Frederick Englehardt B. W
Schafer, Charles j. Anger, c. N AIier
4 A. H. Martin, J. r. Courtney and A.
E. Jordan as employees of the Wabash
within the past year or any other time
unlawfully combined and agreed with
each other that in case that the Wa
/ bash refused to consider said labor or
ganizations as such and as controlling
III +.-.-
plainants' employees and deal with
them as such and operate its lines of
| railway within the United States ex-
eluSlNely as union or brotherhood roads
and subject to the control of said or
/ CARNATIONS, with malicious intent
to injure the Wabash and It's employees
as alleged and deny that they would
Order and require the employees of the
! complainant to strike and quit the
compliments service and. tie up the
compliments lines of railroad in the
| United States or enforce such strike by
preventing said employees from return
ing to work, or others from taking
their places, or preventing its connect
ing lines and their employees from in
lterchanging traffic with complainant
through intimidation. fear. coercion or
other unlawful means as is alleged.
These defendants further deny all
charges whatsoever of unlawful con
spiracy, combinations. considerations
or other unlawful contriving together
whatsoever, or any intent to do or per-
form any unlawful act or thing what
soever.
It is denied that the defendants re-
Gently or at any time represented to
i certain of the Wabash employees that
they would get an increase OF wages Tor
them, but admit that they represented
to the complainant that many of its en-
ployes were dissatisfied with the amount
of wages paid to them and with the
rules and regulations governing their
employment but state the fact to be
that at the request of many of the Wa
bash employees they had been endeavor-
ing for a long time to have such griev-
anceS settled and adjusted with the Wa
bash company and that they had con-
ferred together and agreed to present
their several grievances jointly and in
sist upon a fair consideration thereof
and an adjustment of the same by Sald
complainant for and in behalf of the
employees they represented, and insisted
that such settlement should be made for
said several employees in their respective
lines of employment as a whole and not
singly and separately, as they had here
tofore endeavored to bring about
The defendants deny that the Wabash
can not accede to the dema suS for sucn
increase in the wages and the modihca-
tons of the rules and regulations gov
| erning employment without violating its
contracts with many of its employees
and without seriously interfering with
the OneratiOn of its different lines and
deny that such concessions as requested
would interfere with the Wabash in the
performance of its duties as common
carrier or in respect to the interstate
commerce act or in operating its mali
trains as is alleged.
The defendants further deny that they
ever maliciouslys threatened to order a
strike. but state that they did represent
to the Wabash that many of its en-
: ployes had determined to withdraw from
its employment unless it acceded to the
reasonable demands and requests made
by the defendants in their behalf in the
payment Of wages and changes in rules.
but that if q strike should occur it