OCR Text |
Show I JHiHABBORCASET Jx '" 7 flu Decision la a Salt Growinj Oat f ct the Boycott. TIIEIVJUyTlOV llll'Mi'll. Lltclroculcd In sins Moir Su ddrn Ho partum of Uultnl stalii Ships lrocn llavino. Tolirjo,01ilo,ArrllB. Judge Hlcka nf tlio fsdcrnl ciiitt till raomlug do-llTnrvJ do-llTnrvJ Ills ilrclaton on appllc-tlon of (lie Toledo, Ann Atbor nnd North i Michigan llallroad to moko permaneut Lit temporary Injunotlon liiuod iwtlnsttho LakoBhoreaud Michigan ,-j ulliornnnd other connecting llne, .u Match Hi restraining tl.cmfiom lefiilng to accept from or dellvtr oljht to the Ann Arbor ruad on cvsceintof thobojeott Issued against iLe Ann Arbor road by Chiefs Arthur ad Hsrgont, ot the llrolhorhoodsol Locomotive Kuglncera and I'lrumeu who wero on a ttrlku on Ibit road. The decision turntd on (ho arraignment for contempt of eight LaUo Hhore engineers and flremeu who xlnick In preference tu I hauling the Ann Arbor ours turned over to thu Lake Hhore roud. The courtroom was crowded. Ihu deel-non deel-non wai not ns radical as the men (earoJ and don not sasumu lucomrel II anion to walk agalust their will. Nullcoof oprcal wan at onco tiled lu bihair of the mm. Judge Mcks began 10 quoting thu i roTlilom of Ihu Inter. Mate commerce law forbidding discrimination dis-crimination by any common carrier Htuluil auy person or corporation on luteistato commerce; lie ruttrls the ' JurlsJIcllon ol the court though federal ; iiueillona am Involved no I quotes Chief Juttlco Marshal to .how that a federal Judge haa Jurisdiction on such, cases, oven thougli questions not ' of K federal characttr nru Involved. Judge ltlcka then I roceeded to recite the faol that when an np llcatlon lor Injunction waa m ido tu him 111 chambers 111 Cleveland, March 11th, nn emergency exlited. lie had lulled n similar oruer In 1S91 ouniplloallon of the Wheeling and Lake Lrlo rail. rnml ml It waa nilforaikl with belle llcent results against 1U striking on-glneert on-glneert and fltemen and traluinen. Ihelugdebold that thu roads couutct-log couutct-log with tho Ann Arbor road were clearly conitielled, under the Interstate commerce act, to receive (roiu end I deliver freight to that road, and a corporation! tan only act through agents, It waa evident tnat tho manda-tory manda-tory provisions of the law applied Willi equal force to all ofllcers and em. I loyta of tho connecting roads, lie lu thu authorlly of the court to l-sue audi order had been questioned, but It retted on well established principle!, prin-ciple!, and quoted In support of his statement from Jlrlliih equity pro. endings After Judgo nicks' decision was rendered hn J rucoedctl to read Ihu decision of tho circuit court, conslitlng of himself mid Judge Tall, on the luotlou of the Ann Arbor company, Bklug a temporary Injunction agaluit Chief Arthur, restraining him from liming any loycott order agaluit that road. The decision, which w written lb) Judge raft grants the Injunction jrayol for and declana that If tho memters of tho brotherhood, In obcdlciicu to lulu 12 of that body,boycott Ann Harbor freight, they"becumegullly of criminal couipt-acy couipt-acy agalnit their country." 1 hu court then revlo wed the turmi on which tho englneeit are employed by the Lake Hhore road. They were, he said, psldt3.7o for a run of u hundred mile! and extra for over-work; the time of compensation began wheu they weru called to take the euglnca from thu yard and ended when they gave up the euglnee luthe yard. Whither they actually moved a wheel or not, their services weru due to tho company from the hour when the compensation legan. Thu ler-lodjfof ler-lodjfof tcrvlco coutlnucd during the liniu usually consumed In making tho nil. During that peilod they weie constantly eiiboit tu thu ordera of thu company, .und the J relation of employer uud employe was lu forcu from that time. This la the mott llmltod time that can Inolalmed for their term of servloi. The court then revleved how the ngluccra and firemen at the bar of the court, oho ufttr another quit tho service of the comtany when the. ItarLed they had been calkd on to haul cars destined for thu Anu Arbor road. Tho court held that tiny had a right to quit theivrvlceof the road as liny dld,aud illichorsed them from conn ni t, ex- I cejt l.nglnccr Louiion, whom the court found lilt not quit the road's service ser-vice In good faltb, lut that he pretended pre-tended to do so lu order to evade tho order of tho court. In view of the fact, however, that hu deolarod under oath that ho had no Intention In-tention of violating tho laws and did lot think ho was doing so, thu ronit would bo lenient with hlni, merely In-dieting In-dieting a Una ot lllty dollars und toils. The ulnlon doles with a warning, warn-ing, now the matter li well understood, un-derstood, that In thu future inglncera I violating thu orders of the court will ; bo dealt with summarily. |