The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1903-04-17
WABASH ORDER R[IM]N1
udge Adams Dissolves the N;
ton Against Officials of tbs se'''
Trainmen's Unions.
CLAIMS OF THE COMPANY ARE pEnIE,
Court Says the Assertion.
Men Were Satisfied W.. "'' th.
tnined-Had No Intention N.Y., SUI
strictInE Commerce-p..."H he
Element Looked For. SET

sHH ON erce-Penc..
Element Looked For. ses-
st. Louis. April 2.--1n the ~,
States district court Wednesday ,1n ass
Elmer 3. Adams handed dow 'auss
sion dissolving the injunction s.cl.
March ., restraining officials "'ea
Brotherhoods Of Locomotive Fine me
and Railroad Trainmen and Other laSs
leaders from influencing in anr NV.
OF ordering the men employed on y.
Wabash system TO strike. The tem NC
rary injunction had been granted I,
Judge Adams on allegations made :,
officials OF the Wabash system tina, ,hs
defendants were conspirine to ;ntas
fere with interstate traffic and N.
transmission of mails. ~
Ana1yses Complaint. +
In his decision Judge Adams fire. =,
alyzes the bill OF complaint upon which
the provisional restraining order was
issued. showing that the gist of The
conspiracy coming within the i%urjsds.
ton of the federal courts as charged
in the bill was to precipitate a s,riss
undesired by the men and thereby, and
by other NEAR specifically charsedjp
the bill, to interfere with interstate
commerce and. the mail service Of Inc
United States.
Why Order Was Issued.
Upon the showing made that the
first stepo of the conspiracy. namely, the
ordering of such a strike, was contem.
plated by the defendants. and that II.
reparable damage would necessarily
befall the railroad unless a RESTRAINING
order was forthwith issued. the same
was done for the purpose Of holding
the property and the parties in statl
quo until both sides could be fully
heard on the motion to set aside or
modify the order. Leave was given 10
file such a motion Mt any time within
Is days.
Defendants made Answer.
Within the time allowed by the re.
straining 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 inter
state commerce or the mails of the
United States, and specially denying
that the employees were satisfied with
wages and conditions of their service;
and denying the practice of any and all
coercion or false representations to
bring about a strike; averring that the
only purpose of the presentdefendants
in co%nsenting 10 a strike was to better
the condition of their members who
were in the employment of the rail-
road. by the exercise of their undoubt-
ed right to peacefully withdraw from
such service until such time as their de'
mands of wages, etc, should be con
coded. !
Statements Not Supported.
The court. after fully considering al
the proof. finds that the statement
of the bill of complaint, to the effec'
that the employees were satisfied VIII
their wages and conditions of service
r not supported; that a real differ
nee of opinion existed between tn
railroad and a large majority OF III
employees, members of the brother
hoods. with respect to their wages
and that the defendants as officers AM
committees of the brotherhoods Wel
fully authorized to make an effort y
secure higher wages and change Gov
ditions of service, and that the pro
posed strike, instead of being offlclous
~ ordered by defendants, was a resu'
of the vote of the employees, ac1h'
without coercion and directly author
lzing the same.
Was No Conspiracy.
The court further finds after a ~
examination of the evidence that u -
charge of conspiracy to interfere WIZ
the interstate commerce of the Unlse
States, or the mail service of the Oni'
ed States. is not sustained.
The court finishes its opinion BY sta
Ing its conclusions with a summary Q
the situation pertaining to the con'r'
versy.
No strike Probable.
+. n. Judson, of St. Louis, specl'
counsel for the brotherhoods, star
IN an Interview here that he and ~
WI Blodgett, general solicitor OF q
Wabash, were making efforts to prin
allfthe parties interested together, az
mat in his opinionlan amicable agre'
ment would be arrived at, and 'p'
there would be no strike.