Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-04-02
VICTORY FOR EMPLOYEES
INJUNCTION SECURED BY TIE
WABASH ROAD DISSOLVED
By JUDGE ADAMS.
CHARGES ARE NOT SUSTAINED

Firemen and Trainmen Were Dissatjs.
fled With Wages and Conditions and
the Threatened Strike Was Not by
Order of the Officers-No Proof OF
Conspiracy to Interfere With Inter
state Commerce.
ST. Louis. April 2.-In the United
States district court Judge Elmer 3.
Adams handed down a decision dis
solving the injunction granted March
3, restraining officials of the Brother
hoods of Locomotive Firemen and
Railroad Trainmen and other labor
leaders from influencing in any way
or ordering the men on the Wabash
to strike. The temporary injunction
had been granted by Judge Adams on
allegations made by officials of the
Wabash system that the defendants
We're conspiring TO interfere with in
terstate traffic and the transmission Of
United States mail
In his decision Judge Adams first
analyzes the bill of complaint upon
which the provisional restraining or
der was issued, showing that the
gravamen of the charge was that the
defendants had entered into an un-
lawful and malicious conspiracy to Sc
cure recognition of their brotherhoods
by falsely representing that the EN-
ployes of the railroad, who were mem
bers of the brotherhood, were dissatis
fed with their wages and conditions of
service, when they We're, in fact en-
tirely satisfied and contented with the
same; that defendants were about to
exercise their powers as supreme and
controlling officers of the Brother
hoods OF Ffremen and Trainmen to
force an undesired strike upon the
men, who We're members of their or
ganizatiOns; that defendants threat,
ened and were about to further enforce
their demands to execute their con-
spiracy by preventing the railroad
from performing duties as carriers of
interstate commerce and the mails of
the United States.
Why Injunction Was Issued
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 in the bill, to in
teifere with interstate commerce and
the mail service of the United States.
pom the showing made that the
first step of the conspiracy, namely,
the ordering of such strike. was
contemplated by the defendants and
that irreparable damage would neces-
saiily .befall the railroad unless re-
straining order was forthwith issued,
the same was done for the purpose Of
holding the property and the parties
III status quo until both sides could be
FULLY heard on the motion TO set aside
Or modify the order. Leave was given
to file such motion at any time
within fifteen days. The decision then
justifes the issuance of the prelim
mary injunction as authorized BY the
statutes on the showing made by the
plaintiffs and then reviews the denias
made by the defendants, giving com
plete history of the case. Continuing
the court says:
The question now is, whether upon
all of the proof before it the court
should award a preliminary injunc'
ton or set aside the provisional re-
StralnlnS OfueT already Hldue.
Wabash Charges Not Sustained.
The court, after fully considering all
the proofs, finds that the statements
OF the bill of complaint to the erect
that the employees were satisfied wltn
their wages and conditions of service
are not supported; that irrespective
of the question whether the men or
the committee of the brotherhoods rep
resenting them first suggested the IN
crease of wages and change of rules,
the employees themselves, at and for a
long time prior to the filing of the
bill of complaint, were dissatisfied
with their wages and conditions OF
service, and a real difference of opin
lon existed between the railroad and
large majority of its employees, mem
bers of the brotherhoods, with respect
to their wages, and that the defend'
ants as officers and committees OF tne
brotherhoods were fully authorized
both by reason of their oiiiclal rela-
ton to their members and also by
direct written authority to represent
them in the effort to secure hlghei
wages and changed conditions OF serV'
ice. and that the proposed strike, IN
stead of being officially ordered by de.
PENDANTS, was a result of the vote oi
the employees without coercion aho
directly authorizing the same :,
The court further finds after lui'
examination of the evidence that .ne
charge of conspiracy to interfere WIN
the interstate commerce or the on.teu
States or the mail service OF the ohit
ed States is not sustained.
In discussing these issues tne coui'
concludes and lays down the law soN.
erning the rights. duties and pri'lies
OF employees.
SaSf ot.rc lnid hefore the SD all nns