The Washington herald., 1907-04-29

visions Of the interstate commerce act and its
locomotive engineers to refuse b receive, handle
aud haul interstate freight from another IKE corr
on Garner ia ofdeT 90 iEIuEe the latter, Is coz
bination or conspiracy % commit the inisdeneanof
described DO section % Of the interstate commerce
act and II any person engaged IN Il does an act
IN furtherance Thereof all combining for the purpose
are guilty Of criminal conspiracy. as denounced oT
section $40 Rev 81.
s-same Common carriers.
II the common carrier company against whom
such conspiracy is directed IS injured By acts
done in furtherance Of IT, It has cause Of action
Tor It's loss against al Of those engaged il the
conspiracy.
f-Samc Temporary Injunction. When Issued.
The injury which Wim be caused 10 the common
carrier against which such conspiracy Is directed
viii BE- irreparabs and in order &c prevent this and
maintain the status quo until fIll relief caa be
granted. preliminary and Temporary mandatory
injunction VIII issue against tie company and It's
smpioyes threatening the injury, restraining them
from refusing 10 afford the proper Interchange Of
interstate freight and uafhe facilities TO complain
ant
5-same. Enio5ning Railroad Company Eject On
Employees
Tie employees while in the employ Of the de-
fendaut COMPANY must obey this mandatory In
junction but may without contempt d court,
avoid or eFads obedience thereto By oeasiBg to be
such employes; otherwise the injunction would,
IN effect be an order compelling the employees 10
continue the relation Of servant to the con-
painaut-a kind Of order never yet issued b.
court Of equity.
e-ssme Enjaining ConspiratcGs.
preliminary injunction NAV issue against the
chief member Of such conspiracy as that above
described % restrain him from giving the order
and signal which viii result, and IS intended %
resst in the unlawful and irTepaFAble injuries 70
the complainant Where such chief member has
already issued such an unlawful. Wilful. and Crlmi-
nnl order. the injurious effect Of which vii be
continuing the court may By mandatory injunction
him ~ razriud he FEraglalir when
the necessary effect Of the order or signal is 70
induce and procure hagrsnt violations Of in
junction previously issued by the court
Result of Pullman Strike.
The second case was a contempt pro-
ceedings for violation OF an injunction.
Court sat in Cincinnati, Ohio. and
Judge Taft rendered his decision July
12. 1884. This case grew out Of the
famous Pullman strike Of that year
The suit was by Samuel Thomas.
against the Cincinnati, New Orleans
and Texas Pacific Railway Company
in which Samuel NJ FELTON, was ap-
pointed receiver, The receiver filed a
petition for the commitment Of F, W.
Phelan for contempt, and for an in
junction against him.
Among the attorneys for the receiver
was former United States Attorney
General Harmon. who is now much
talked of for the Democratic nomina
ton for the Presidency.
The receivers petition stated that at
the time of its fling and during the
previous week he was greatly impeded
in the operation of the road by the
strike OF his employees. and of the en-
pioyes of other railroads in the city or
Cincinnati, who were prevented from
receiving from him and delivering to
him freight TO be carried OVER his road.
The strike was declared 10 be the re-
cult Of a conspiracy between one F. ".
PheIan and Eugene V. Debs and others.
20 tie up the road operated. as the con-
spirators well knew. by the petitioner,
as receiver, and other roads in the
Western States OF the United States,
until certain demands or alleged griev-
anco of certain persons not in the en-
pioy Of the receiver or Of any other
railroads of the United States were ac-
ceded TO by persons in no manner con-
nected with the management Of any
railroad of the United States. The pc
titioner further stated that the demand
of the employees of one George NJ Pull
man, or the Pullman Palace Car Com
pany, st Pullman. Ill.,. was refused.
whereupon said Debs, Phelan, and
others. members of the American Rail-
way Union, combined and conspired
with each other and with sundry per-
sons. who became members of the or
ganization for the purpose, to compel
the Pullman Company to comply with
Confined on Page 3, Column 4.