Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-01-29
Hieh S. p. Officials Held
imComten,pt 0fU.S.C0uyt
Lull, Three Others
Break Mandate,
Judge Rules

HOUSTON. Jan. 2s.- Up -Four
high officials Of the Southern Pa
cific railroad were held in contempt
of court in a decision handed down
here today by Federal Judge ]. c.
Hutcheson, Jr., in which the exec
utives are charged with violating an
injunction issued Aug. 8, 1927, for
bidding them to interfere with or
ganization activities Of employees.
Those cited were H. NJ. Lull, exec
utive vice-president; G. S. Wsid, vice.
president and general manager; J. G.
Torian. assistant to Waid. and W. r.
Mann. superintendent of the Ell Paso
division.
Judge Hutcheson's 6->.sion made
history and ended a series OF hear
ings which have ben under way since
July, 1927. The officials were or
dered to appear in Judge Hutcheson's
court for sentence at 10 a. m, next
Friday.
Hearing Lasted Months
The edict handed down by Judge
Hutcheson is as follows:
"It appears TO the court after full
consideration that the defendants,
Texas aud New Orleans Railway
company, Subsidiary Of the South
ern Pacific), H. NJ. Lull, G. s. Wai5,
j. G. Torian and W. r. Mann have
violated the courts injunction issued
August 8, 1927, and have interfered
with, influenced and coerced, with
~rn W,.n H.
led right of selecting or designating
their representatives., some Of the
plaintiffs and some Of the class rep
resented by them
Judge Hutcheson's decision ended
hearings which have been held from
time 10 time since July, 1927.
The litigation began after motnhs
OF negotiation between officials Of
the railroad and representatives OF
brotherhood of Railway Clerks who
were unable to agree on an increased
wage scale. The federal arbitration
board of which former Governor Pat
Neff is a member, failed TO effect
a compromise.
AIIeEe Rival Union
The brotherhood. through its rep
resentative. John W. Harper, OF San
Antonio began a fight for IN injunc-
ton against the railroad under the
1925 railway labor act.
At hearings in August when the
Injunction was granted, II was al
legged that railroad officials were &C
lively engaged in promoting a rival
union. the Association OF Railway
Clerks.
In September, the brotherhood pre-
sented a petition alleging that the
Injunction had been violated and
asking that four Southern Pacific Of
ficials be held in contempt.
Ii was alleged that the head oi
the association was being kept on
the company payroll while perform
ing no actual services. That letters
OF the association were being sent
through company mail channels, that
the railroad maintained an office
for the association in the Grand Gen.
tral station at Houston and that Of
ficials of the brotherhood had had
their pass privileges removed.
j. H. Tallichet, attorney for the
Southern Pacific, countered with the
assertion that a secret ballot had
revealed that the association repre-
sented q majority Of the clerks and
that under the law the railroad had
recognized the organization. Lists OF
authorizations for the association
were presented to the court and
counted but the brotherhood claim
el the rolls included men who were
not working for the Southern Pa
cific. janitors, and personal office
workers such as private secretaries
who were not eligible.
The case was taken under advise
ment BY Judge Hutcheson after sew
eral hearings and the filing of af-
fidavits.