Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-08-31
CONDUCTORS OF
U.P.RESTRA|NED
BY COURT ORDER
Judge Sears of District Court
Issues Temporary Restrain
ing Order Forbidding
Them from Striking.
FINAL HEARING SATURDAY
Conductor Brings Suit in Behalf
of Himself and Fellow
Workers.
TO ASK FOR FEDERAL AID
FINAL HEARING SATURDAY
TO ASK FOR FEDERAL AID

NlliOli aNhiN
will not be allowed to strike.
When suit was filed yesterday
morning by, Edwin A. Hamilton a
conductor on his own behalf and in
behalf of all other conductors simil-
arly situated, it took Judge Sears just
thirty minutes to grant temporary
restraining order preventing walk
out. The hearing is set for Saturday
morning at 10 o'clock. The injunction
reads
ut is ordered that the defendants
and each of them, in their individual
capacity and in the capacity of Off
GERS OF the Order of the Railway Con-
ductors of America, as well as their
successors in office and all persons
acting for them or in conjunction
with them, be and are hereby restrain
ed until the conclusion of the hearing
for a temporary injunction, from in
augurating, declaring or calling or
carrying on a strike of the members
OF the Order of Railway Conductors
employed by the Union Pacific rail-
road, and from issuing circulating or
promulgating said strike order, from
expending any of the funds of the or
der or any other moneys in the con-
duct OF said strike and from doing
anything or taking any action what
ever in the furtherancc OF the strike.
Officers of the conductors order are
restrained from taking steps to expel
Edwin A. Hamilton from the order
by reason of bringing this action"
Conductor Hamilton, in the com
plant, makes the officials of the or
der the defendants in the action upon
which Judge Sears bases the restrain
ing order. r -....
Cause of Action.
The suit is based on the alleged
fact that according to the constitu-
ton, which is the organic law of the
order, the president OF the order is
authorized to call strike on any line
of railway if two-thirds of the mem
bers employed on that line have voted
in favor of the strike, but that less
than two-thirds OF the members of
the order employed on the Union Pa
cihc railroad voted in favor Of the
strike. The strike was declared, ac-
cording to the petition, upon Sec
ton of the statutes Of the order
which was amended at the recent ses-
sion Of the grand division OF the Or
der held at St. Louis early in May,
and provides that in a general or con-
certed wage movement if two-thrds
of the membership employed on the
lines of the parties to such a move
ment vote in favor of striking, a strike
may be ordered on all lines. regard
less of what may be the result of the
vote on any individual line of railroad
involved, 1t is contended that this
provision of the statute is in violation
Of the constitution of the order.
Mr.. Hamilton recites in his petition
the advantages accruing from his
membership i'll the order and his de-
sire of remaining a member, and DON
tends that if he refuses to 60 on a
strike he will forfeit his membership
in the order and his rights and bene-
fits accruing to him from such mem
bership. He further states that in the
event he does join in the strike he
will lose his position with the Union
Pacific, his seniority rights and his
right to pension.
Judge J. J. Sullivan appeared for
Hamilton.
Defendants in Case.
The following are made defendants
A. B. Garretson. president OF the Order of
Railway Conductors.
Charles II. Friday. chairman OF the gen
eral committee of adjustment.
c. s. Hoffman, chairman OF the local
committee Of adjustment OF Division No.
l26 on the Union Pacific.
W. s. Fox, chief conductor OF Division No.
1876.
p. Peterson, secretary. treasurer and
cipher correspondent.
r. u. Woodworth, chairman Of the local
committee on adjustment, No. 5l4.
r P. Dreibus chief conductor OF Division
No. b14
G. NJ Wilson, secretary. treasurer and
cipher correspondent, Division No. bI4
G. c. Yost, chairman OF the local commit
tee, No 35
j. NJ. Vernon, chief conductor of Division
No, as.
]. @, MoIlvaIn, secretary treasurer of Di-
vision No as
s, c, Mecomber. cipher correspondent of
iii