The Caucasian. (Clinton, N.C.) 188?-1913, 1903-04-09
NO MORE INJUNCTION
judge Adams N1hdraws bis Famous
Restraining Order
WABASH MEN MAY NOW SIelkt
The Court Finds the Statement That
the lien Are Satisfied Is Not 10 BE
Credited.


81. Louis. SpeciGl-The Injunction
issued March :. by Judge Elmer B.
Adams, OF the Iaite3 States district
court. al the instance Of the wabash
Railroad officials 10 restrain the Broth
sThood OF Railway Trainmen and
Firemen from ordering a strike on
that system. was dissolved "Wednesday |
in a decision handed down by Judge
Adams. a week after the hearing Of
arguments for end against the remov-
a. of the legal obstacle.
While no one viii express an opln- /
ton az 10 the next probable a.ove on |
either side. remarks dropped indicate |
| that every effort viii be made 10 ef- |
| feet a settlement and avert a strike. |
! But If settlement shall not be ei- |
/ fectcd, the understanding seems 10 be
| general that a strike is sure to result.
| At Wabash headquarters Il was stated
| that amicable adjustment OF the con
| troyersy is hoped for. The same senu-
| uent was expressed at tie hotels,
| where are quartercl the few represen-
| ta1iyes of the officials of the trainment
and firemen now il 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-
ton OF the case, If desired, SO that In
the event Of any molestation OF or in
reference with. Interstate commerce
or the mail service. al its lawful pow
ers may be invoked TO restrain the
same. with the confident assurance
that they will be fearlcssly and effect
| lively exercised.
The temporary injunction was grant
ed by Judge Adams on allegations
made by officials OF the wabash sys-
tenn that the defendants were conspir-
ing to interfere With Interstate traf-
fic and in the transmission OF United
States mails. Judge Adams in his de-
cision says the provisional restraining
order was made without notice 10 the
defendants, under the stress of the
facts disclosed by the bill and was
fully authorized by section us, Re
r vised Statutes OF the United States, and
= was imperatively demanded by the
general principles Of equity jurispru-
dence recognized and enforced in many
: similar cases in the United States and
+. | England, ana many authorities war
t ranting the provisional restraining
: order in question in cases OF conspira
: cies to interfere with Interstate con-
n merce and otherwise are cited in sup
port of this last proposition.
. Within the time allowed by the re
Y straining order the defendants duly
= appeared and flel their sworn answer
i denying the alleged conspiracy in al
d it's phases and particularly denying an.
e purpose to interfere with 'nterStat
commerce or Ehe mails Of the Unite
States. and especially denying that III
e employees were satisfied with wages an
d conditions Of their service and deny
It ing the practice Df any and all cOercio
)f or false representations to bring abou
IS a strike; avering that the only pug
)r pose of the present defendants in con
II senting 10 strike was to better tn
condition OF their members who wer
I. in the employment OF the railroad b
10 the exercise of their undoubted righ
f. to peacefully withdraw from such SCI
it vice until such time as their demand
T. Of wages etc. should he conceded.
The court. after fully considering a
IS the proof, finds that the statements
r. the complaint to The effect that th
D. | employees were satisfied with the
III wages and conditions of service are ~
is supported, irrespective OF the que:
e | biOn "HEli4CL tlif lItl OE TIC
a., tee of brotherhood representing thel
lg | first suggested the increase OF wage
~ | and change Of rules, the employ'
X themselves at and for a long time prit
ay to the filing Of the bill Of complain
be were disSa tisfed with their wages an
X conditions of service and real diffe
Mt ence of opinion existed between II
en- railroad and a large majority of i
s. employees, members of the brothe
te hoods, with respect to their wages ar
eI that the defendants as officer and con
It's mittecs of the brotherhoods were ful
ld | authorized both by reason OF their o
Te fetal relation to their members aI
1T also by direct written authority to re
ne resent them in the effort to secu
higher wages and change conditions
&c service and the proposed strike instei
o. | Of being officially ordered by defen
tic ants was result of the vote of q
Use employees acting without coercion al
SO directly authorizing the same. t
lat court further finds after a full eXal
az ination of the evidence that the char
gh OF conspiracy TO interfere with the
10 ter-Stste commerce OF the Unit
OF States or the mail service OF I
az | United States, is hot sustained.