Show A dams Dissolves Loses Its ifs Case Casa Aga of Locomotive e Firemen and Railroad Trainmen Charges of f Con Coi Conf f p racy lo 10 Inter interfere fere Interstate Commerce and ad U US US Us S Not Nol Sustained Law Relating lo to St st Louis Lotus April Apri lIn tho time United Un d States district court today lollY Judge JIlge Elmer ElmerI l ller I I Ii Mining Adams handed hAndell down lon a n decision dis dissolving solving tho limo Injunction granted March 3 restraining r of ot the of Firemen and Ind Trainmen n and other labor loaders leaders uller from om interfering In iii maimy In way a or tho limo thomen thol men l n employed on the time to tf strike The h temporary had hit been granted by Judge Adams on allegations made mude by of time the Wabash h system that tIme tho defendants wore were l to Interfere with wih Inter Interstate state traffic anti and tho the transmission of United States malls janus The fhe decision dissolving the time Injunction tion ton vau iua UK tendered at 10 a 1 m mu to today toda today day da HILL fiLl ANALYZED lII In his hilt decision Judge Adams damm first analyzes Ihu I bill bi of complaint upon which the provisional restraining t order was as Issued t that time tho grava gravamen rI men muon of the time charge wn was Wil that the time de tie defendants lint had entered Into an 11 unlawful and conspiracy to secure rec ree recognition ignition of their brotherhoods by h false falsely ly I i representing timid that th tim tl Of time the railroad who imo vere m rl of ot the time brotherhoods were with their wares tt 1 and conditions of tf service when they were In III fart fael entirely satis rati Mis fled 1111 and contented with wil the thc that defendants were about to exercise exe tle their powers a as aA supreme antI controlling oH eels eels of the of and Trainmen to force forre an undesired strike upon the men mel who vho mom tIm tImber hers bers ber of ot their organizations or that de do defendants le threatened and were ivore about to further enforce their demands to 10 exe execute e cute tut their conspiracy by Iy the railroad rol mom performing Us its Is duties dutes as a carrier of if Interstate commerce and time the manila mails mals of ot the United States by hy prevent preventing log ing euch connecting lines from Inter Interchanging changing valUe with wih and affording time the time the facilities requited required by the time Interstate commerce act nel GIST OP OF OI The ho glut gift gl t of time the conspiracy coming within the jurisdiction of ot th the federal courts colitis couts as IR chained In Iii 11 tie the te bill bili hii wn wat to a n strike undesired by Imy tho thomen men inca and an thereby and ald by br other means specifically cal In the bill 11 to 10 Inter litter Interfere fere fre 10 with lh time the Interstate In er ta II commerce anti the time service of nf the HIP United Rates Upon the that the teil of the time conspiracy namely nam ly thu ordering of such strike waR wan Immediately con tori contemplated on by b the defendants and Ind that irreparable damage damn c would necessarily bral the time railroad unless a restraining order I as forthwith Issued the time seine same was aR done for the time purpose o of holding the property and Ind time the parties In statu qua tutu both sides fides could be hI fully ful heard h on the motion moton to set get aside ulde or modify the order Leave IeRe was given GIen to tile file e laYs days ruch Fuch n a I motion moton nt at lt any time within IS 1 Time The he provisional restraining order or er was 8 made without notice to the he defendants defendant under th the stress troMA of ff the time facts tact disclosed by br the tilL bill hi anti and was wal fully tuly authorized by hp hJ section Iton 78 IS revised statutes of or time the tl United States HIRtl and was wn wa Imperatively de tie demanded te by the time general principles of equity jurisprudence recognized and Int enforced In many man similar cases cal In the States State Stotel and amal England En land Many au nu authorities aut t warranting the provisional re order In question queFton In eases cases oses of conspiracy to Interfere with Interstate commerce and anti otherwise are mare cited In support of ot this timis Within the Mm tim allowed by b the time re reo restraining straining order artier defendants efen alls duly dill ll ap tsp appeared anti and flied filed their sworn oln the thc alleged conspiracy in tn mill all ni Us its ls phases and particularly denying any purpose to tu with wih Interstate commerce or the time manila malls mAIA of or the the United State StatH and specially denying that hint time the were vero with lh wages alS and conditions of or their service and deny denying denying ing the the practice of any and nil nih ni coercion o llon or hise representations to bring about I I In a n strike averring that the time only oat ani pur purpose pose lioS on the part or of the time defendants In i consent Ing to 10 a strike was Wil to better lter th condition of or their members who wen In iii the employment melt of or the tho railroad mi by bythe h the exercise of ot their ther undoubted right to peacefully withdraw w from such finch service until such Mich time as is a their demands of If wages wn JI etc el should hlll 1 be conceded Many Mammy affidavits and exhibits were werf filed 1 on both sides cities and the rase easo SO has hn been 1 ably obly and Ind exhaustively argued by I eminent counsel I Tim TIlE iE TION NOW The TIme question Is I now whether upon all al the time proof before the court curt It should I award n a preliminary Injunction or let eft i aside time the th provisional restraining order already made Time The he court after fully ful considering nil all ni time the proof finds linde that the statements of the time bill bi of ot complaint to the time effect that the employee em of were ee satisfied with wih their wages wage and alit condition ut of services are ur not supported that irrespective of f the question of ot whether the time men or the time committee of time lie th brotherhoods representing enting them item first Itt the time of ot 11 and ammil all of oC rules nibs tIme the em ella el elvel at ut Ihl for 0 0 n Ii 1 lung long longtime time prim prior to time the tiling 1111 of tho time bill hi of complaint were werl with wih their wages and und conditions of service erIN and amid a are 1 arcI re 11 l difference of or opinion existed be ba between tween time the railroad and atmil RII a K large major junior majority ity Iti Iy of eul r Its 11 members of the time brotherhoods with respect to their ngen anti and that the lime tie defendant as ns oil on pein 11 und committees s of the time brother ho were fully ful authorized hy by h reason of their official to their mom mem member ber bire miami and ali also by hI direct written author authority ity Ih It to 10 represent them In II the tIme effort to secure his hll Ile And charge conditions of service and that the proposed strike Instead of being ordered by defendants d tend was a 1 result reaul of time the vote ote of ot the acting without coercion and directly the time same Mme I CHAMOIS tHAnG NOT N OT T SUSTAINED The h court ourt further finds a 1 full foil ful elimination mind and nd of ot the time an analysis evl eI denoe denee Mno that the time charge clale nf of a conspiracy to Interfere with wilim the Interstate In corn com commerce cm merce merC of the time United StOles States or time the th mill luaU mal lerICI of the time United States Is not riot sus usi In ha II discussing the time Issues after re reviewing reo viewing many man authorities the court concludes and amid Uy layt down the time law NOV gov governing time the right ditties and amI dutu privileges of oC employee as Q found on the time latter later part of paito S 8 and time the tle forepart of ot i Ilg page ge 0 9 of C the t opinion The court finishes Antilles It its by Ita tD Its 11 conclusions with wih a sum summary sum mary flier of the time situation pertaining to this the controversy WHAT COUNSEL SAY SA SAIr Mr Ir F M U 1 Jud Judon on of at St St I lull Louis ape chit counsel for tor tho tIme hoods stated slated to the Ute Associated Press Pre that he Ire hI nail and Col Coi W ell M 1 lol go t general so 80 of oC the time Wabash Railroad com corn company pany were efforts effort to bring all al the time parties In Interest together and that In imm his hi opinion nn tumi 11 amicable agree Aglet t 1 would wout be he b arrived at 11 and that there be nu no strike W 0 ci I IA IdO w vice grandmaster of ot time the of Trainmen It is the thc only of tIme the tie two brother here Ho Ibe Ha Hall Id to tn the tb lii Associated Tie Te T decision lon was meas QS certainly BMP n It completely removes time the til in tn injunction junction We r believe now 10 ag na II we al AI always ways have that our requests ts were Just ju 1 anti and reasonable another attempt will wl be he made midI to tn bring about a n peace meace peaceful peCe ful tui settlement by br the time grievance com committees and the time Wabash COL cor T General Counsel of tho Wn Wa bash basim bah said to the Associated 11 After time the decision was rendered counsel for the time committees and I conferred together briefly but no rio conclusions were Vere leached I 1 want some curio sometime Ile time to go over or time die situation and an can cnn cannot cannot not make muke any expression today Do Io 10 you ou think timers re will Hill wi be b a strike I nm ant not prepared to 10 answer that question as aR at nt title this moment I hove have no 10 mm Idea Ida lint 1 I be done Ione dOle Will Wi Ill you OU notify of the time decision No We did not attempt It I President n I In m soy who Is la on hie hil way to 10 Cairo to attend alend time the bedside of his daughter laughter left lel time the tl steamer at Cher Cherbourg Cherbourg bourg last Monday arid and Immediate took the train lie He IL Is scheduled to ar or arrive arrhe rive nyc In Cairo Callo next Saturday lY anti and alli we do donot donot donot not know just where to reach him him to today toda today day da Doubtless he will wi see se the time news hlo Col Col then returned to the room saher the time legal laical men of the time Wa Wn bash balm ba h were engaged In closely reading the courts Courtl decision SICy VIEWS Teorla Peria April Apri 11 When shown the th Press bulletin buletin announcing tha Ihl th dissolution of the time Injunction of ut thu tim th W by II Judge Adams iams of St HI Louis Frank I W V Arnold grand sea seo rotary and treasurer of the iii Locomotive Firemen said paid saidI I was UA confident from rota time the first that the Injunction would woul bt hit dissolved Mr Ir Arnold refused to answer any qu on oil Oi the time strike proposition Mr fr grand master motor of the time order Is out of the time city ot today tOllay JUDGE W T Judge W T of time the tl chief attorneys for time the firemen 10 In their Unlit I over the time of or the Wabash oIl 01 lois lain saId The railroad made ninde ma Q their complaint on arm 01 a sot et of Imaginary facts and le did not ot hl Thom The decision Islon Is I well III forti fortified fort hot fied fe and nn will viii wil not tot be 10 overruled It If ap amp OJ The TIme brotherhoods have he ba won a I grand granit victory victor for tor time Ule laboring men sail and the time decision will 1 go 10 far toward towal better bete relations with lh |