The sun., 1903-04-02
DECISION AGAINST WABASH
STRIKE INJUNCTION SET ASIDE
GEORGE GOULD TAKES HOLD.


Judge Adams Finds That the Charge OF
Conspiracy Against the Unions Is Not
sustained-Mcn Are Dissatisfied With
Their Wsgcs-Chance OF Arbitration.
ST. LOUIS. April Judge Elmer B. Adams
in the United States Circuit Court to-day
dissolved the temporary injunction which
he issued several weeks ago against the
National Brotherhoods Of Trainmen and
Firemen, restraining them from ordering
a strike on the Wabash Railway
George j. Gould of New York. arrived
this evening and gave out the following
statement about the Wabash troubles:
-In the contro versy between the Wabash
Railroad Company and its employees. the
oompanys affairs have been solely in the
hands OF its president, Mr.. Ramsey, whose
long familiarity with the situation in all
its details has justified the company in
placing every confidence in him. Mr..
Ramsey has. greatly TO my own regret
and doubt not to the regret of all in any
way connected with the company. been
compelled to cross the ocean on account
of the serious illness of his daughter.
He will return as soon al possible, and
his return. 1t will certainly be impossible
for me, before that time. 10 become suffi-
ciently acquainted with the merits OF the
question to enable me to discuss it intelli-
gently. II there are any questions that
need immediate adjustment. l am sure
Mr.. Ashley, whom Mr.. Ramsey left in
charge, will deal with them in a fair and
generous spirit.
I~ r. A.
hood states that he is satisfied that he and
Col. Wells Blodgett, counsel for the Wabash.
can adjust terms satisfactory to both and
avert future differences.
Judge Adams, in his opinion. first analyses
the bill Of complaint upon which the pro-
visional restraining order was issued. show
ing that the gravamen OF the charge was
that the defendants had entered into an un-
lawful and malicious conspiracy to secure
recognition of their brotherhoods by falsely
representing that the employees Of the rail-
road, who were members of the brother
hoods, were dissatisfied with their wages
and conditions Of service, when they were
in fact entirely satisfied and contented with
the same; that defendants were about TO
exercise their powers as supreme and con-
trolling officers of the brotherhoods Of fire.
men and trainmen to force an undesired
strike upon the men, who were members Of
their organizations; that the defendants
threatened and were about further TO en-
force their demands to execute their con-
spiracy by preventing the railroad from
performing it's duties as carrier of interstate
commerce and the mails Of the United States.
by preventing their members who were
working for connecting lines from handling
the traffic Of the railroad and thus preventing
such connecting lines from interchanging
traffic with and afiording the Wabash the
facilities therefore required by the Inter-
state Commerce act.
The gist OF the conspiracy coming within
the jurisdiction Of the Federal Courts, as
charged in the bill was to precipitate a
strike undesired by the men and thereby
and by other means specifically charged
ia the bill to interfere with Interstate COM
merce and the mail service of the United
States
tpon the showing made that the first
step OF the conspiracy, namely. the ordering
of such a strike, was Immediately con-
templated ny the defendants and that
fall the railroad unless n restraining order
was forthwith issued, the same was done
for the purpose of holding the property
and the parties in statu ',uo until both
To set aside or modify the order. Leave
was given to file such a motion at any tibc
within fifteen davs.
The provisional restraining order, says
Judge Adams, was made without notice
to the defendants under the stress Of the
acts disclosed by the bill, and was fully
authorized by Section 7Is, Revised Statutes
OF the United States, and was impera-
lively demanded by the general principles
OF equity and Jurisprudence recognized
and enforced In many similar cases In the
United States and England. Many au-
thofities warranting the provisional re-
straining order in question in cases OF con-
spiraces 10 interfere with interstate coIU-
merce and otherwise. are cited in support
of this last proposition.
Within the time allowed by the restrain
ing order the defendants duly appeared.
says the Judge, and filed their sworn an
swer, denying the alleged conspiracy In
all its phases and particularly denying any
purpose to interfere with interstate COM
mcrce or the mails OF the United States,
and especially denying that the employees
were satisfied with the wages and oondi-
practice Of any or all coercion OF false
representations to bring about a strike:
averring that the only purpose on the part
OF the defendants In consenting to a strike
was to better the condition Of their mem
bers who were In the employment OF the
railway by the exercise Of their undoubted
right 10 peacefully withdraw from such
service until such time as their demands OF
wages, DC, should be conceded. Judge
Adams continues:
both sides, and the cases have been ably and
exhaustively argued by eminent counsel.
The question now Is:
Whether, upon all OF the proof before 1t.
the Court should award a preliminary in
Junction or set aside the provisional re-
straining order already made. The Court,
after fully considering all the proof, finds
that the statements Of the bill Of complaint