The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-04-10
WABASH ORDER REVOKED.
udge Adams Dissolves the Injunc-
ton Against Officials of the
Trainmen's Unions.
CLAIMS OF THE COMPANY ARE DENIED.
Court Says the Assertions That the
Men Were Satisfied Were Not sus-
tained-Had No Intention of Re-
stricting mmerce-PeacefuI Set
tlement Looked For.

st. Louis, April I'm the United
States district court Wednesday Judge
Elmer B. Adams handed down deei-
sion dissolving the injunction granted
March 3, restraining officials of the
Brotherhoods of Locomotive Fremen
and Railroad Trainmen and other labor
leaders from influencing in any way
or ordering the men employed on the
Wabash system to strike. The tempo
rary injunction had been granted by
Judge Adams on allegations made by
officials of the Wabash system that the
defendants We're conspiring to inter-
fere with interstate traffic and the
transmission of mails.
Analyses Complaint.
In his decision Judge Adams first an
alyzes the bill of complaint upon which
the provisional restraining order was
issued, showing that the gist of the
conspiracy coming within the jurisdic-
ton 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 interfere with interstate
commerce and the mail service of the
United States.
Why Order Was Issued.
/ Upon the showing made that the
first step of the conspiracy, namely, the
ordering of such strike, was contem-
plated by the defendants. and that IL
reparable 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 in 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 motion at any time within
15.days.
Defendants Made Answer.
Within the time allowed by the re-
straining order defendants duly APP
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 strike; averring that the
only purpose of the present defendants
in consenting TO 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-
ceded.
Statements Not Supported.
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,
are not supported; that real differ
ence of opinion existed between the
railroad and large majority of it's
employees, members of the brother
hoods, with respect to their wages,
and that the defendants as officers and
committees of the brotherhoods were
fully, authorized to make an effort to
secure higher wages and change con-
ditions of service, and that the pro-
posed strike, instead of being officious-
ly ordered by defendants, was result
of the vote of the employees, acting
without coercion and directly author
izing the same.
Was No Conspiracy.
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.
The court finishes it's opinion by stat
ing its conclusions with summary Of
the situation pertaining to the contro-
yersy.
No Strike Probable.
F. N. Judson, of ST. Louis, special
counsel for the brotherhoods, stated
in an interview here that he and Col.
w. H. Blodgett, general solicitor of the
Wabash, were making efforts to bring
all the parties interested together, and
that in his opinion an amicable agree
ment would be arrived at, and that
there would be.no strike.
.------------- -
To Pay Big Fines.
Jefferson City, Mo-, April 4.-Attor-