Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-09-03
NO cnIIp1 nDnsn % y
VIII = 'IooUED
TO stop STRIKE
Restraining Order Against the
Conductors Brotherhood Is
Dissolved When Count
of Ballots Is Made.
SLIPS BROUGHT IN COURT
Attorneys Battle Over Whether
the Ballots Should Be g
- Counted.
II PER CENT VOTE TO QUIT

Following secret count OF the
strike ballots of Union Pacific con-
ductors by District Judge Day and
his court stenographer, the announcet
ment that the count shows a total
vote OF 36l in favor and II against,
and that the percentage in favor of
The strike is 7l.0l as claimed, the re-
straining order preventing the con-
ductors from striking was dissolved
and the cost Of the action taxed
against Edwin A. Hamilton, the plain
tiff. The temporary order was issued
by Judge Sears, but the final hearing
was before Judge Day.
For an hour attorneys battled over
the question Of submitting the secret
ballots to the eyessof the court, After
undergoing an exhaustive examination
by Attorney Sullivan for the plaintiff,
c. H. FRIDAY of Laramie, Wyo,, gen
eral chairman Of the committee of
adjustment, admitted that he was
present at the first count of the bal
lots at New York, that he had ex-
pressed the ballots from. New York
to Laramie and brought them to
Omaha in a satchel. He admitted
that the package was opened at the
Carleton hotel and the ballots were
again counted Friday night, but he
denied knowledge Of their where
abouts.
Brings in Ballots.
About that time {, F. Mclaughlin
Of the firemen's union appeared with
bundle under his arm.
Permission OF Attorneys Jefferis
and Tunison. acting for the brother
hoods, was given to the court to count
the ballots, with the provision that
the names OF the signers be kept
secret from Union Pacific officials
and others interested.
Attorney Sullivan had threatened
to call General Manager Jeffers OF
the Union Pacific to the witness stand
to attack statements OF Mr.. Friday
unless the ballots were admitted for
the court count Mr.. LETTERS had said
that Friday had told him that but So
per cent had voted to strike. @
Affidavits on Count.
Three affidavits of those present in
the Bristol hotel at New York when
the ballots were counted, submitted
in court Saturday when the case, was
called, caused Attorney Sullivan to
declare that if it was shown that
the required two-thirds of the con-
ductors voted in favor Of the strike
he was willing to ask his case dis
missed. His action at the afternoon
session carried out his promises.
The chief contention of Conductor
Hamilton in his application asking the
Union Pacific conductors restrained
from striking was that the two-thirds
majority had not been secured.
/ C. H. Friday and c. S. Hoffman,
chairman Of the local committee on
adjustment, were not in court at 8
o'clock. Attorneys for the complain
ing conductor insisted that the court
demand their presence and hurry-up
call was sent for them. Mr.. Fridays
testimony told of several conferences
with General Manager Jeffers of the
Union Pacific and his steadfast re-
fusal to divulge the vote of Union Pa
cific conductors on the strike situa-
ton. He admitted informing Mr..
Jeffers that the vote of the conductors
in the Western association was IS
per cent in favor Of the strike. Ex-
animation finally disclosed the where
abouts of the strike ballots and they
were produced by .Mr Mclaughlin
with the explanation that conductors
were assured their names would be
kept secret. Judge Day agreed to
withhold their names in making the
count
When court adjourned at S o'clock
Saturday a room full of ruddyfaced
conductors were grasping each others
hands.
Jefferis for Brotherhood.
Bright and early Saturday morning
Attorney Jefferis filed three afidavits
showing the two-thirds' vote, placed
them back in his pocket and when
the hearing was called presented
them in evidence before they had
been inspected by Attorney Sullivan,
acting for the plaintiff, Conductor
Hamilton.
Charges by Attorney Sullivan of
Continued on Page Two. Column FIve.)