The Topeka state journal., 1903-04-01
DISSOLVED
injunction Against Trainmen Of
the Wabash
Has Been Set Aside by Federal
Judge Adams.
NOTHING TO STAND ON.
Railroads Failed to Substanti.
ate the Allegations,
Upon the Strength of Which
the Order Was Issued.

ST. Louis. No. April LIN the United
States district court today Judge Elmer
B. Adams handed down a decision dissoIv-
ing the Injunction granted March ; re-
straining officiels of the Brotherhoods of
Locomotive Firemen and Railroad Train
men and other labor leaders from infiu-
encing in any way or ordering the men
employed on the Wabash system to strike.
The temporary injunction had been grant
ed by Judge Adams on allegations maFe
by officials of the Wabash system that
the defendants were conspiring to inter-
fere with interstate traffic and the trans
mission of United States mails
The decision dissolving the injunction
was rendered at 1850 o'clock today.
In his decision Judge Adams first an
alyzes the bill of complaint upon which
the provisional restraining order was
issued, which charge that the defend
ants had entered into an unlawful and
malicious conspiracy to secure recognt-
tior of their brotherhoods by falsely
representing that the employees of the
railroad who were members OF the
Brotherhoods were dissatisfied with
their wages and conditions of service,
when they We're in fact entirely salts
fed and COntented with the same: that
defendants were about TO exercise their
powers as supreme and controlling Of
ficers of the Brotherhoods of Firemen
and Trainmen to force an undesire1
strike upon the men, who were mem
bers of their organizations; that de-
PENDANTS threatened and were about To
further enforce their demands to exc
cute their conspiracy by preventing the
railroad from performing its duties as
carrier Of interstate commerce and the
mails of the United states by prevent
ing their members who We're working
for the line from handling their traffic
and thus preventing such connecting
lines from intercha7ging traffic with
and affording the Wabash the facilities
therefore required by the interstate
commerce act
'rhe gist of the conspiracy coming
within the Jurisdiction of the federal
courts as charged in the bill was
to precfnitate strike undesir7'i
by the men and thereby, ana oy oenSI =,
means specifically charged III the bill
to interfere with interstate commerce.
and the tnail service Of the United
States.
Upon the showing made that the first
stem OF the conspiracy. namely, the or
derine, OF such strike, was inmedl-
ately contemplated by the defendants:
and that irreoarable damage would
necessarily befall the railroad unless
restraining order was forthwith issued,
the same was done for the purpose OF
holding the property and the parties III
statu quo until both sides could be fully
heard on the motion to set aside or
modify the order. Leave was given TO
file such a motion at any time within
Is days The provisional restraining or
der was made without notice to the de-
PENDANTS under the stress of the facts
disclosed by the bill and was fully du-
thorized by section 41S, revised statutes
of the United States, and was lmpera-
lively demanded by the general Drin~
ciples Of equity and Jurisprudence rec
ognized and enforced in many similar
cases in the United States and England
Many authorities Warranting the proVl-
sional restraining order in question IN
cases of conspirac1es to interfere VIII
/ interstate commerce and otherwise are
cited in support of this last proposition
! Within the time allowed by the re
straining order defendants duly ap-
peared and filed their sworn answer.
! denying the alleged conspiracy in all It's
! phases and particularly denying any
! purpose to interfere with interstate
| comm cree or the mails of the United
( States and specially denying that the
/ employees were satisfied with wages ana
conditions of their service. and denv-
/ ing the practice of any and all coercion
or false representations to bring about
strike: averring that the only purpose
on the part of the defendants in con-
senting to a strike was to better the
cohdition Of their members who We're in
the employ Of the railroad by the ex-
ercise Of their undoubted right to
peacefully withdraw from such service.
until such time as their demands OF
wages, etc should be conceded
Many ahidavits and exhibits We're
f1lSQ on DOln SIC eS ana the case has BGts4
ably and exhaustively argued by emil
nent counsel. The question now is.
whether upon all of the proof before 1t
the court should award a preliminary
| Injunction or set aside the 2rovlsiOnai
restraining order already made.
The court after fully considering all
| the proof finds that the statements of
! the bill of complaint to the effect that
the employees were satisfied with their
/ wa ges and conditions of service are not
supported that irrespective Of the
question whether the men or the com
| mfttee of the brothernoods representing
them first suggested the increase OF
| wages and change of rules. the em-
/ plOyes themselves. at and for long
time prior to the filing of the bill Of
complaint were dissatisfied with their
| was ees and conditions of service and
a real difference of opinion existed be-
/ tween the railway and a large majority
of its employees. members of the broth
erho0ds with reSDect to their wages.
4 and that the defendants as officers AMI
committees of the brotherhood were
fully authorized both by reason of their
official relations to their members and
also by direct written authority to rep
resent them in the effort to secure
higher wages and change conditions of
service, and that the proposed strike
fns tead of being OfficiOuSly ordered by
defendants. was result Of the vote OF
the employees acting without coercion
and directly authorizing the same.
The court further finds after 4 full
1 eXaI1lDaDOn ana an analysis OF the eNl-
dence that the charge of conspiracy te
interfere with the interstate commerce
Of the United States or the mail serv.
ice of the United States is not sustained.
In discussing these issues after citing
naany authorities the court concludes
and lays down the law governing the
rights. duties and privileges of employees
as found on the latter part of page 5
and the foreoart of page 8 of the opin-
ion. TIE court finishes its opinion b5
stating IT'S conclusions with a summary
of the situation pertaining to the cons
tFovers<.
AT WABASH HEADQUARTERS
At the Wabash headquarters General