The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-08-10
-. Molnss street Car Company Files
Motion TO Dissolve Injunction
lssusd on Sat
urday.
CHANGES ARE PLENTY
civ i said to be In Sympathy With
strikers and Made no Effort
70 kesp the
Peace.

pES MONIES, Aug. 10.-Charging
among other things that Judge Law
renee Degratf violated the constitu-
tion OF the United States and OF the
state OF Iowa when he issued man
datory injunction which terminated
the street car strike last Sunday. the
Des Moines City Railway Company
fled in the circuit court its motion to
dissolve the injunction. The answer
Of the company was also filed.
Conductor BENJAMIN j. Hiatt, the
man whose recent discharge was re-
sponsible for the strike of nearly
500 union employees, Is charged in
twenty-one counts with having viola
ted rules. It is said the company has
no grievance against the union as a
whole, but that Hiatt never will run
street car in Des Moines after the
dismissal OF Judge Degraff's order,
which compels the company to retain
him.
One Of the principal features Of the
company y dAS " Cl 40 Lie SlIdl 6S thdt
the street cars were not operated dur
ing the strike because of the express
ed sympathy Of Police Commission
;er Zell G.. Roe for the strikers, and
his alleged failure to provide adequate
protection for the company's proper
ty.
The company alleges lack Of juris-
dfction and failure to give notice that
the order was to be granted. 1t is
asked that the order be dissolved only
( 50 far as 1t forces the company to re-
instate Hiatt, and that it be allowed
to stand In reference to the re-employ-
& ment of union men.
It Is charged that the city as com
plainant does not come into court
with clean hands," that the city po
lice wrongfully arrested men employed
to take the places of union operatives;
that Mayor James R. Hanna
and Commissioner Roe refrained from
protecting the company's property, its
Offices and newly made employees In
their efforts to resume car traffic;
that they failed and refrained' from
endeavoring to disperse the mobs
which congregated In the streets and
prevented the operation Of the cars
that they allowed the city police te
openly encourage and sympathize with
the striking employees; that the com
pany was prevented from moving its
cars which were in the streets ant
alleged by the city to thus constitute
nuisance, by the arrest of employees
who were peacefully trying to move
them, and that their removal was pre-
vented all Saturday by the crowds
which the city authorities allowed t
congregate In the streets, and mad'
no effort to disperse.
The company alleges that the cit.
brought Its suit in collusion with th'
union officials for the purpose Of com
pelling It to reinstate Hiatt and charg
es the Judge issuing the order to tha
effffect with violating article Of th'
amendment to the United States con
stitution. and of section 9, article
OF the state constitution.
The sections and articles provide,
Is claimed, that no person shall b
deprived OF life, liberty or propert
without due process Of law" and tha
inasmuch as the Des Moines Cit
Railway Is a citizen Of Iowa and o
the United States and by virtue Q
the said article as aforesaid, is an
should be kept free in the exercis
and enjoyment OF all its functions
and have and exercise untrammele
the opportunity and liberty to ente
Into contracts or to refrain from s
doing at will
The charges against Hiatt cover
period Of two years and range fror
knocking down, fares to smokin
while on duty It is claimed he wa
properly and lawfully discharged, an
had no connection with the compan
at the time the suit was filed, wa
not made defendant, and, therefore
had no standing In court.
The order by Judge Degraff was Il
sued on complaint of the city and tn
street car company and the executiv
committee of the carmens' union wer
made defendants.
Members of the executive commi
tee Of the carmen declined to discus
the answer filed by the company. The
claim they will make an answer at tn
hearing. the date of which, by agre'
Inent OF counsel, will be f1xed afte
the state fair, which is to be held tn
last week of the month.