The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-02
Will Retain Jurisdiction of the Case
So that N Unlawful Acts BE Com
mitted He May he Appealed To.
GEORGE GOULD AT ST. LOUIS
SAYS HE Is UNABLE TO ACT IN PRES
IDENT RAMsEY's ABSENCE.
Strike Probably VIII Result IL Amica-
ble Agreement BE Not Reached
brotherhood Men Pleased.

ST. LOUIS, April 1.-The injunction Is
sued March by Judge Elmer b. Adams,
of the United States District Court, at the
instance Of the Wabash Railroad officials,
to restrain the brotherhoods of railway
trainmen and firemen from ordering
stike that system, was dissolved to-day
In a decision handed down by Judge
Adams. a week after the hearing OF argu-
ments from both sides for and against the
removal of the legal obstacle.
What the next move will be on either
side is problematical. AT Wabash head
quarters 1t was said that an amicable ad-
jus.ment OF the controversy was hoped
for The same sentiment was expressed by
the few representatives of the trainmen
and nremen now in ST. Louis. Counsel for
both sides spent this afternoon in confer
ence. but no agreement was reached.
The keynote for amicable settlement was
sounded by Judge Adams himself in rem
der.Gg his decision to-day. He said: II
cannot conclude this opinion without ex-
pressing the sincere wish of the court that
IL the parties are unable to adjust their
differences by such mutual concessions
are necessary TO that end, the offer made
In open cour, By defendants counsel to
submit the questions in dispute to the
Board of Arbitration provided for by the
act Of Congress OF 1898 will be speedily ac-
cepted and another instance OF rational
and intelligent adjustment of a business
4, difficulty be exhibited to an expectant pub
lic." M
Judge Adams began reading his decision.
which contained over 1000 words, at 1910
and concluded at 1850. Although the actual
announcement of the dissolution of the
temporary injunction was not made until
the judge concluded the reading of the
decision. such action was plainly forecast
ed at several points where the court rem
dered opinion certain phases of the
case. Most notably was this so in respect
to the charge brought by the Wabash Com
pany that the defendants were conspiring
together in violation OF the federal laws
to secure the recognition OF their labor or
ganizations. The court said In this con-
nection: After considering all the evil
dence bearing upon the issue now under
discussion and carefully weighing the FORE
going and all the arguments of counsel, 1
am not able to find the existence of the
conspiracy TO secure recognition, as
charged"
PREPARED FOR EMERGENCY.
Judge Adams announced that court would
be In session and retain Jurisdiction of
the case so that in event of any molesta-
tion or Interference with interstate COM
merce or the mail service all it's lawful
powers may be invoked to restrain the
same. with the confident assurance that
they will be fearlessly and effectively ex-
ercised." A synopsis of the decision fol-
lows:
AT the outset Judge Adams analyzed at
length the bill OF complaint upon which
~. arnx frnf fnf mo .rro. ta
sued, showing that the gravamen of the
charge was that the defendants had en-
tered into an unlawful and malicious con-
spiracy 10 secure recognition OF their
brotherhoods by falsely representing that
the employees of the railroad who were
members OF the brotherhoods were dissatis-
fed 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
of the brotherhoods OF firemen and train
men TO force an undesired strike upon the
men who were members of their organiza-
ton. that defendants threatened and were
about 10 further enforce their demands to
execute their conspiracy by preventing the
railroad from performing duties as carriers
OF interstate commerce and the malls of
the United States, by preventing their
members who were working for connecting
lines from handling the traffic of the rail.
road, and thus preventing such Connecting
lines from interchanging traffic with and
affording the Wabash the facilities therefor
The sist 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 in
the bill. to interfere with interstate COM
merce and the mail service of the United
States.
FIRST ORDER NOT UNUSUAL
Upon the showing made that the first
step OF the conspiracy, namely the order
ing OF such strike. was contemplated by
the defendants and that irreparable damage
would necessarily befall the railroad unless
restraining order was forthwith issued.
the same was done for the purpose of hold
ing the property and the parties I'm statu
quo until both sides could be fully heard
on the motion 10 set aside or modify the
order. Leave was given to file such a mo-
ton at any time within fifteen days. The
provisional restraining order was made
without notice to the defendants, under the
stress of the facts disclosed by the hin
and was fully authorized by Section z,s
Revised Statutes OF the United States and
was imperativey demanded by the senerai
principles OF equity Jurisprudence recoe
nized and enforced I'm many similar casss
in the United States and England MANY
authorities warranting the provisional re-
straining order I'm cases OF conspiracIes to
interfere with interstate commerce and
otherwise are cited In support OF this last
proposition.
Within the time allowed by the restrain.
ing order defendants duly appeared and
filed their sworn answer denying the al
legged conspiracy IN all its phases and par
ticulariy denying any purpose 10 interfere
with Interstate commerce the mails of
the United States. and especially denying
that the employees were satisfied with wages
and conditions OF their service: and deny
Ing the practice OF any and all coercion or
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