Omaha daily bee., 1903-03-20
PHASE Is DISCUSSED
Court Listens to Arguments to the Wabash
Injunction Case.
RIGHT OF THE MEN TO QUIT WORK
Attorney for Railroad Company says
They May strike ~ Not Coerced
or ~ They DO Not VIo-
late Contract.

MO "kuuituN IN utuaAl VI ~
company when the hearing in the wabash
case was resumed this morning.
He read extracts from the constitution Of
the Brotherhood OF Locomotive F1remen, to
prove his contention that there were no
grievances entertained by the employees
against the road, inasmuch as the brother
mood, according to. his contention, had not
proceeded in accordance with its own laws.
It's failure to do so, he claimed, showed
conclusively that there we're no grievances
10 be redressed. He claimed further proof
OF this in his statement that the grievance
committee had never taken up any griev-
anee. The whole thing lay, he declared.
in the recognition OF the union, and
railing OF this. the defendants had con-
spired to induce the employees to stop work,
and otherwise injure the road.
Taking up the aIldavits submitted by the
defendants in which 1t was claimed that
the Wabash road had not kept good faith
with its men, Colonel Blodgett declared that
there had been no Instance cited by the
men In which a promise made by President
ramsay or any other Official of the road
had not been Kept in spirit and letter.
PerversiOn of the Facts.
The denial Of the officials OF the two
orotherhoods that any coercion had been
" A1NN lut men I leave lno
wabash road was, the speaker declared, not
rounded upon fact. There are, he stated.
benent funds In both organizations to which
me men lay monthly dues. There is in the
laws OF both organizations. he said. a rule
providing that IL any member declined 10
strike When an order was issued by the
oHcers' he should forfeit his membership
ana peeuniary BENEFITS, and action taken
under the fear OF losing these was, he de-
elared, plainly coercion.
he was followed by G, N. Travous, who
also spoke in behalf of the railroad.
Comedies Right to Strike.
Mr. Travous conceded that employees had
a right to combine and a right to strike.
provided that such action was voluntary on
the part OF all concerned. was not a breach
or contract and was for a law full purpose,
but declared in the present instance all OF
these elements were absent.
over one-third of the men, according "a
the statements OF the defendants. were op-
posed 10 a strike, a strike would be in vic.
lation OF contract and It was, he said, an
unlawful conspiracy against the road.
IN conclusion he recited the OBJ.
legations Imposed upon railroads by III,
interstate law. a federal statute
and urged that inasmuch as railroads wer,
compelled TO accept and carry freight. nc
matter by whom offered. and were Obliged
to ofer equal facilities to all connectins
lines, 1t was their rIghtto have federal pro.
lection in carrying ont the provisions OF
the federal laws.
J0dsOn Answers for brotherhood,
At the conclusion OF AIR. Travous' arSu.
ment Attorney F. N.sJudson rose to max,
the opening argument for the defendants
Mr.. Judson said that the attorneys for tn,
railroad had declared that the Injunction
aid not prevent any mar from leaving tn,
employ. OF the Wabash railroad. -,.,
He read that portion az, the injunction
which prohibits the officers OF the uuior
from ~perspading or e~oercing the employe,
OF the wabash railroad to leave its service
The right to resign. he declared. is IN,
chief right that labor has. but under tn,
wording OF the injunction the officers Of tn,
labor organizations are prohibited from In.
sinuating or suggesting 10 an employe o
the Wabash that he could better his eondi
ton by quitting work. and this. he said
was an interference with the right OF mel
to stop work when they choose.
There was, he said, no attempt on IN,
part OF the two brotherhoods to discrim
mate between nonunion men, and sucl
conduct was foreign 10 the policy OF IN,
railroad organizations.
He quoted numerous legal decisions I,
prove that the employees OF the wabasl
have a perfect right to combine. or leav,
its service, or to allow an organization o
other men to act for them. No authoritie
had been cited by the plaintiff to prove tn,
contrary.
THE charge OF conspiracy brough
against these defendants" said Mr.. Jud
son, consists only in the demand OF tn
men that they be represented by a com
mittee in their negotiations with the com
pany. What they most desire is the recog
milton Of their committee"
After discussing this point at length
counsel took up the statement advanced b
the attorneys for the railroad that the com
pany pays as good wages in all instance
and in some cases better. than are paid b
its competitors. There were physical mod
ihcations Of the Wabash schedule whic.
entered into the proposition. the attorne
~oontended. such as length OF runs and hour
Of employment, which went to d~isprove tn
claim.
Declares Exist.
, The question Of grievances was touche
1 upon briefly and Mr.. ,Judson was passin
, to other matters when he was interrupted
: you will reeollect." said Judge Ad
= ans, that in the Silr of complaint It wa
set forth that there we're no grievance.
but that false statements we're made by u
committee TO the effect that such griev
' ances did exist and that these statement
4 were made for the purpose OF securing rec
= ignition OF the union Are you going {
allow that matter to rest where il is:"
Il am about to discuss Il further" sal
Mr.. Judson, and he did SO At eonslderabI
length.
There Is no evidence" continued eouE
sci in closing this part @: his argumen
that the grievances originated with a
grievance committee and not with the me
themselves. but l declare that II the grie'
anee committee felt Inclined TO urge en-
ployes OF the Wabash to ask better wag'
they had a right TO do So"
a paper has been read here" broke
Judge Adams. "purporting TO be a stat
ment OF the men authorizing this commi
Z, tee TO act for il in negotiations with q
IN road. l want to see that paper"
IN II was handed up ahd the judge. AFT
reading Il through, made oopious notes.
Is Mr.. JudsOn then took up the afhdAvi
p alleging a disposition on bemalt OF the a
= fendats 10 tie up the Gould roads. II the
Of demands were not granted by the wabSs
q mo such thing Was said" he declare
and no such thing Was contemplated, T.
sympAthetic strike IS not sanctioned