The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-03
THE ORDER REVOKED
Temporary Injunction Against Wa
bash Men Dissolved.

! st. Louis, April 1.-The injunction
issued March 3 by Judge Elmer B.
Adams, OF the United States district
court, at the instance Of the Wabash
railroad officials to restrain the Broth
erhoods Of Railway Trainmen and
Firemen from ordering a strike on
that system was today dissolved in a
decision handed down by Judge
Adams week after the hearing of
! arguments from both sides for and
against the removal of the legal OBJ
stacle.
What the next move will be on eth
er side is problematical.
At Wabash headquarters it was
stated that an amicable adjustment
| Of the controversy was hoped for.
The same sentiment is expressed at
the hotels, where are quartered the
few officials of the trainmen and fire.
men now in the city. Counsel for
both sides spent the afternoon in con-
ference, but no agreement was reach
ed. The keynote for amicable settle
ment was sounded by Judge Adams
himself in rendering his decision to-
day. He said: II cannot conclude
| this opinion without expressing the
sincere wish of the court that If the
parties are unable to adjust their diff
ferences by such mutual concessions
as are necessary to that end, the offer
made in open court by defendants
counsel to submit the questions in
dispute to the board of arbitration
provided for by act of congress of
| 1898 will be speedily accepted and an
other instance of rational and intelli-
gent adjustment of a business differ
ence be exhibited to an expectant
public"
Synopsis Of Decision.
| In his decision Judge Adams first
analyzes the bill of complaint on
which the restraining order was is
sued, showing the charges that the
employees had entered into an unlaw-
full and malicious conspiracy to Sc
cure recognition of their brotherhoods
by falsely representing that the en-
ployes of the road, who were mem
bers of the brotherhoods, were dis
satisfied with the conditions of SER
vice, when they were, in fact, entirely
satisfied and contented with the
same; that the defendants were about
to exercise their powers as supreme
and controlling officers of the brother
hood of firemen and trainmen to en-.
force an undesired strike upon the
men, who were members of their or
ganization.
That the defendants threateded to
endeavor to prevent the railroad
from performing it's duties as carrier
OF interstate commerce and the mails
OF the United States by preventing
their members, who were working. for
connecting lines from handling the
traffic of the railroad and thus pre-
venting such connecting lines from
| interchanging traffic with and afford
| ing the Wabash the facilities there
for required by the interstate COM
merce act.
First Step Of Conspiracy.
Upon the showing that the first
step of the conspiracy, namely the
ordering of such strike, was imme-
diately contemplated by the defend.
ants, and that irreparable damage
would necessarily befall the railroad
unless restraining order was forth
with issued, the same was done for
the purpose of holding the property
and the parties in statu quo, 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 fifteen
days.
The principal restraining order was
made without notice to the defend
ants under the stress of the facts dis
closed by the bill and was imperative
ly demanded by the general princi-
| pies of equity jurisprudence, recog-
nized and enforced in many similar
cases in this country.
Statements Not Supported.
The court, after fully considering