The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-04-03

ST. Louis, Mo, April 1.-The injunc-
ton issued March 3rd, by Judge Elmer
3. Adams, of the United States district
court at the instance of the Wabash
railroad company officials. to restrain
the Brotherhood of Railway Trainmen
and firemen from ordering a strike on
that system was dissolved today, in a
decision handed down by Judge Adams,
a week after the hearing of arguments
for and against the removal OF the
legal obstacles.
At Wabash headquarters it vas
stated that amicable adjustment Of the
controversy is hoped for. The same
sentiment was expressed at the hotels
where are quartered the few repre-
sentatives of the trainmen and firemen
now in the city. Counsel for both sides
spent the afternoon in conference, but
no agreement was reached.
Judge Adams announced that court
would be in session and retain jurisdic-
ton, if desired, so that in the event of
any moleStation of, or interference
with, interstate commerce or the mail
service. all its lawful powers may be
invoked to restrain the same, with the
| confident assurance that they will be
fearlessly and effectively exercised.
The temporary injunction was grant,
ed by Judge Adams, on allegations
made by officials Of the Wabash sys-
tenn that the defendants were conspir-
ing to interfere with interstate traffic
and in the transmission Of United
States mails. Judge Adams in his de-
cfsion says the provisional restraining
order was made without notice to the
defendants, under the stress of the
facts disclosed by the bill and was fully
authorized by Section 71S, Revised
Statues Of the United States and was
imperatively demanded by the general
principles Of equity Jurisprudence. re-
cognized and enforced in many similar
cases in the United States and Eng1
land. Many authorities warranting the
provisional restraining order in ques-
ton in cases of conspiracies to inter-
fere with interstate commerce and
otherwise are cited in support of this
last proposition.
within the time allowed by the re-
stra1ning order, defendants duly ap-
peared and filed their sworn answer,
denying the alleged conspiracy IN all
Its phases and particularly denying any
purpose to interfere with interstate
commerce or the mails of the United
States and especially denying that the
employees were satisfied with wages
and conditions of their service; and
denying the practice of any and all
coercion or false representation to bring
about a strike, averring that the only
purpose of the present defendants in
consenting to a strike was to better
the condition of their members, who
were IN the employment of the railroad
by the exercise of their undoubted
right to peacefully withdraw from such
service. until such time as their de-
mands of wages, etc, be conceded.
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 wages and conditions of service
tre not supported: that irrespective of
the question whether the men or the
committee of the brotherhoods repre-
Sentlng them first suggested the in
increase 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 dissatis
fed with their wages and conditions of
| service, and q real difference in opin-
ion existed between the railroad and
Il large majority of its employees mem
berS of the brotherhOOdS, with respect
to their wages and that the defendants
as officers and committees of the
brotherhoods were fully authorized.
both by reason of their official relation
| to their members and also by direct
written authority, to represent them
| in the offer to secure higher wages and
change conditions of success and that
| the proposed strike, instead of being Of
! ficially ordered by defendants was a
result Of the vote of the employees act
| ing without coercion and directly au-
| thoriZing the same.
The court further finds after a full
| examination of the evidence, that the
| charge of conspiracy to interfere with
| the interstate commerce of the United
| States or the mail service of the Unit
| ed States is not sustained.
| Judge Adams in concluding his deCis-
| ion said: Il cannot conclude this opin-
| ion without expressing the sincere wish
| Of the court that, if the parties are un-
| able to adjust their differences by such
| mutual concessions as are necessary to
| that end, that the offer made to open
| court 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 busi-
! ness difficulty be exhibited to an ex-
atnr n to