Omaha daily bee., 1903-03-21
WABASH TALK IS ENDED
Lawyer Conclude Arguments and Judge
Reserv3s Injunction Decision.
ONE FIREMAN CLOSES ENTIRE FACTORY
Thousand Chicago Shoemakers Lose
Employment Because single Man
Demands Union Wages and
Il Refused by Firm.

wabash Injunction suit we're concluded this
afternoon, when Judge Adams reserved his
decision giving no intimation Of how long
he would require to prepare his opinion.
but counsel declared, after the ADJOURN
ment, that they looked for a decision In
about a week or ten days.
Attached to one OF the afhdavits made
by President Ramsey was q stenographic
report Of a meeting between him and the
grievance committee representing the two
brotherhoods.
In this report J. r. Courtney Of the
committee is quoted as having told Presi-
cent Ramsey that the men would be willing
to arbitrate, but would not allow the rail-
road to select any Of the arbitrators.
This afternoon Judge Priest, who made
the final argumen fog the company, al
luded to this reported statement and de-
clared the company had been willing to
arbitrate. Grand Master Hannahan of the
fremen, who was seated behind F.. N. Jud.
son, chief counsel for the defendants,
leaned quickly forward and spoke a few
words to the attorney, who at once in
terrupted Judge Priests argument.
Arc you willing to settle this thing in
that manner" Mr.. Judson asked.
Il am here to answer the argument made
by the gentlemen" said Judge Priest. 81
have no authority to speak either for Mr.,
Ramse. or the Wabash upon such a ques-
ton"
Instantly Mr.. Judson was on his feet,
saying: II wish to say, speaking both for
the trainmen and the hremen, that we are
willing to accept the arbitration Of a
tribunal provided for under the acts Of
congress-"
'The gentleman's afterthought is better
than his forethought," retorted Judge Priest
as he resumed his argument.
Declares Grievances Exist.
When court reassembled in the morn
ing MIR. Judson resumed his defense for
the union.
He took up first the allega-
ton that no real grievances ex-
listed and read a circular issued by President
Ramsey of the Wabash road last November
which Informed the men that he was con-
sidering the question of advancing wages.
This was, he said. an admission that griev-
ances existed before the grievance COM
mittee presented its demands to Mr.. Ram
sey.
He then took up the right of the men to
take advice upon their course Of conduct.
After reading decisions by Judge Taft ard
Judge Grosscup, which recognized the right
of laboring, men to associate and combine,
he argued that the right to combine carried
with 1t the right to take advice from those
with whom they are united.
Mr.. Judson claimed that the assertion Of
the railroad that IL the men struck 1t would
be In violation of contract was not tenable,
inasmuch as tn ere we're no contracts in ex-
i~stence. There was nothing to prevent the
discharge Of any man at any time. The
conditions and duration Of employment we're
fixed by the rules of the road which were
established by the railroad ~oficials. 1t was
utterly inconsistent, he declared, to con-
strue such a condition of affairs as a con-
tract.
In summing up the evidence given in the
case Mr.. Judson declared that the sole
jurisdiction possessed by the court came
through violations OF the interstate COM
merce law. These violations must be
illegal in the means used to attain an end
or illegal in the end sought. and there
has been nothing shown, he declared, to
indicate that either the end sought or the
means used to attain II were against the
law, therefore the entire case fell to the
ground, and he therefore prayed the dis
solution OF the injunction.
He concluded his argument at 10:45 and
Judge II. S. Priest, special counsel for the
Wabash road, rose to make the third argu-
ment for the railroad company.
Union Leaders Liable for Damages.
Judge Priest laid down as a fundamental
principle that whoever interferes by
coercion, intimidation or persuasion with
the business OF an employer by inducing
an employe to leave his service is liable
to that employer for all damages through
the detection of that employe.
He quoted a number of legal decisions in
support Of this position, declaring that an
analysis of the afidavits submitted in tho
case showed conclusively that the defend.
ants had so interfered in the business Of
the Wabash railroad and were therefore in
violation OF the interstate commerce law.
These defendants claim" said Judge
Priest, that they came down here e
submit a schedule OF wages to President
Ramsey. Now, where is tina schedule
They never presented 1t. They claim thai
they have been receiving instructions every
day from the Wabash employees. Where
are they? Why are they not brought int
court?"
The speaker charged the defendants will
bad faith in claiming the existence o
grievances when their sole motive was 4
secure recognition Of their union.
How about this vote that was taken
saying that the men desired a strike? ?" de
manded the attorney. Voting is a fin,
art tAese days. Members OF the g~rievsnc.
committee go home to poll this vote an,
then come back and declare its result
They deal with the members Of thel
organization as so much stun or mer
chandise. / have a right to question tn
fairness Of this poll unless l know tn
methods by which It was taken. Why ar
not the ballots shown in court? They ar
the best proof OF the result Of the vote"