Show jl A D es esIle Ile Loses Its Case Aga its of Locomotive Firemen and Railroad Trainmen n of 0 Con Cal Go to Ia Interfere Witty JI Interstate Ie Commerce and ald U US u uS US S fails lails Not Nol Relating to 10 S St Louie LottIe April Ari lIn the United States district court count today Judge Elmer Flmer Emer EmerI II 13 I Adams handed ti down a decision d dis dissolving dil solving tho ho Injunction grunted March 3 1 m of the time of or Locomotive FJ mel and Trainmen n nl other labor leaders from tor Interfering In any way IY or ordering tho limo thomen thomen men amen employed on the time h system to tu strike The he temporary Injunction hat had been hen granted by b Judge Adams on l allegations made by of or the that the time defendants wore WOI to tu Interfere Ilter ore inter interstate interstate state and mid the time of United Staten StateR malls mails mals The prime derision decision dissolving the Injunction day da tion ton was 11 rendered at 1050 1010 n a I m in to today toda today KILL HII A In his hil Judge Adams first analyzes tho time bill of complaint upon which time the th provisional retraining restraIning order wait Issued h that thai tho hit grava gravamen gravamen men of time the charge charKe was Wil that time the th de defendant d had bath entered Into nn mum UI unlawful and malicious conspiracy to secure rec see recognition of o their brotherhoods brotherhood by b false faise falsely Iy ly that time the th of tin tl who vh were members of ot the brotherhoods were dl 1 with their ages ael anti conditions of service when they thc In fact entirely Satis Satisfied fied fiti 1 1 timid contented with wih the th seine mine that defendants were about bout a to their Fowers ower as us 18 supreme and controlling 01 corn Core of o the tile Brotherhoods of o Firemen 1 n nand anti and Trainmen to force torce an al un elret strike upon tile the men who seme pre mem meni members here bers bels of ot their organizations that de tie defendants threatened nd were lra ero about to further enforce their demands to 10 pre ee e cute cull their conspiracy by b the railroad from performing lIe In duties an as 11 carrier of o Interstate and ane the snails molls mals of the United States Slates by h prevent preventing ing such uch connecting lines lilies from Inter Interchanging changing with wih and In affording time the th the tIme fA required by b the time Interstate te commerce act acL x GIST OP OJ 0 CONSPIRACY CO The Til gist gl t of the time conspiracy coming within the time jurisdiction of o th federal fe eral courts as ns chained In the bill bi was wal to precipitate a n strike lt undesired by time the mm men anti thereby and amid rud by other moans specifically In the time bill i to Inter Interfere tem fete with the time commerce and the time mall mail service of or time the United States Upon th the showing phoning that th t the tit th ft ret step of ot the conspiracy namely tho ordering of ot such strike was wan Immediately con tori contemplated Jn by the defendants and ald that Irreparable damage would necessarily befall the time railroad unless a I restraining 1 order ord r vac tas as forthwith Issued the same came are the time of ot holding the wa was done for 01 or purpose e property cad the t I he parties partes In statu quo elUo until ni both sides could be fully heard on the he t motion moton to set aside alle or modify 11 I the time order Leave ns given shen to file e eruch days da ruch ruch s a it motion moton nt at ft any an tine time within 15 16 1 m The provisional restraining order orter wan Wa made without notice to the defendants defendant under antler the time stress of o time the th facts fact disclosed by the bill 1111 11 and was wu fully authorized by lii section Iton iS revised of or the United State Slates and ard was IU Imperatively de the demanded 11 by time the general principles of ot equity my Jurisprudence recognized and amid a 11 enforced In mutiny many similar cases In the United StOICS State and England 1 Many Iun au authorities IU warranting the time re restraInIng straInIng In question In eases cases of o conspiracy to Interfere with wih Interstate commerce comm eo and otherwise are ore cited in i support of this lat laRt proposition I Within the tIm allowed by b the re retraining restraining training straining order orr defendants duly cul ap up lare 1 and flied t lt their sworn flying time the alleged con conspiracy In all ot Its I it phase amid AIH denying any purpose lurie to with wih Interstate I continence commerce or the time malls mails of oC the time United States and m denying that time the til employee were ere sled with wih wages walS and amid Ind conditions of their service and anil deny ing In time the t hI practice of ot any and Ind all al coercion or ll represent lion to bring about I a n strike averring that the only pur pun purpose pose por on the Part liar l of or tile the th defendant in consenting to a n strike wal was to better lter the time condition of their members who were In the time employment of the time railroad by bythe bythe y the exercise of O their undoubted right to toI peacefully withdraw from such Ruch service until I such time a a as their demand ol of etc should hmil I 1 be conceded Many Ian affidavits and ana exhibits exhibit were sere flied Hied le on both slice sides sll and the UH cue case has been ably and Ind exhaustively argued by br eminent counsel TiE QUESTION TION NOW OW The Tie question Is now whether upon all al nh the proof before he tore the court It I should award auvard a n preliminary pr Injunction or set aside asile l llo the time provIsIonal remaining order already The court after fully tut considering all al the proof untie that thaI the time statements of ot the time bill bi of o complaint to lo the time effect that time the were satisfied with wih their vi WileN wages g tt and ui nd It tons of o sac vices nr lre are not fut supported that irrespective of tf the time I question of or whether tho m men main n or th time committee of o the time brotherhoods i i ruing them fIrst tnt the time I no reuse of lf wage und and change of rule mules the time em elum er ploys themselves at 1 ammO for Jor n a long longtime longtime time to the time filing of tho the hIll bill hi of complaint were dissatisfied with wih their wages ruami Ind condition of ot if service arvlee and u n ure amei re 1111 mei l difference of opinion existed b I be twe n the lime railroad anti and a large In rie major majority ity Iy f of f Its I member of ot th the brotherhood with wih respect to their wage arid and that time the defendant an as li nil om office I ce ell m und ancl committee of ot time the brother hoO weme fully tul authorized by I of or their official relation to their mem mom member bpI bets and Ind also by h unset direct written smitten author authority ity Iy It to represent them In the time effort fort to 10 toure SeUrt ure hi hla wage a antI anil change condition of ot service and that the time proposed proponed strike Inn end of being officiously ordered by I defendants defendant wo wal vas a result of ot time the tw vote oto ote of time the acting without coercion directly authorizing the same me NOT N Tho The court further finds after Iter a 1 full tul examination and Ond an analysis ln of ot the time evi evidence vl dence denoe that the charge of ot a R conspiracy to Interfere with whim wih the Interstate roam com commerce rm fierce merce of time the United States StateN or cm 0 time the the mall mail Ial service of the tue United Unite States State Is U not riot su suto ali to Inert In fm 1 discussing the after atar re me reviewing remany viewing many authorities time the th court conclude and amid Uy Ii down the Iho law lamu gay gov O the rights right rl ditties dutle dut ami privileges of us 1 found on the time latter r part of page lle age S 8 and the time forepart of page 9 of th opinion loge Time Tho Th court finishes It It by iy st stating tint It Its conclusions with a 1 sum summitry mitry mar o of 01 the situation pertaining to tin this th controversy WHAT COUNSE SAY Mr P Jl M Judson of oC St SI Louis Loul special e cial counsel for or the brotherhoods stated to the tie Associated Antedated Pre PI Press that he lie arid and Col Wall Wel eils M it I general so 0 of the tIme Wabash corn com puny were Ire nicking making mal ng efforts to bring all al the time Irtie l rt in Interest together and on that In is hi hil his opinion nn aim RI amicable agree agreement ment maut would be e arrived at t and that arre there bo be e no strike W 0 O Le JM r vice le ice grandmaster grandm of the time Brotherhood of RaIlway Trainmen Is the ime only o al of ot the tho two brother rother Press hOod holl He lie le said salt to the time T ful Q wits was rs certainly lag It completely removes the limo In Injunction inJunctIon junction Vc We e believe now n a as we al always alWs a ways Ws have that our requests were Just juit anti and reasonable mind and another attempt wilt will wi he bo made lae to bring about a 1 peace peaceful full ful til settlement by I the time grievance com committees and the time COL cor General Generl Counsel of nf the Wn bash basim paid Iala to the tho til Associated Press Ir After Aftel the time decision lon was IOS counsel for the time grievance committees rind and I conferred con erred together but hut no conclusions Wert Were reached I 1 want saint Ime time to go gum over Of the situation and alit can ean cannot not hot make army any on expression today Do Io you OU think timers there will wi b h i a I strike I l mil am not prepared to answer anwer that us os at i his lil moment I have hae no nu Idea iden IleR what ha t may mar be I done ole will 1 you rou notify no t President of the time decision d No we did not nut attempt It I President who Is 19 m on his hue way to Cairo alto Rpt Rg rit to attend the time bedside of tile his Is laughter daughter left heft the time steamer at lt Cher Chor Cherbourg Cherbourg bourg last Monday timid and Immediately took the train He lie le Is 1 scheduled to lo ar or arrive arriVe orlive rive live In Cairo next Saturday and we do donot donot donot not know Ju Just t where to reach rach him hInt to today tota today day ta Doubtless he will wil se see M the news while chilo Col Coi then returned to the tho room where the time legal legah men of o tho the Wa Wabash a I bash worn wore ero engaged In iii closely reading the courts decision Peoria leona April Apri 11 When shown tho time Associated Press bulletin announcing dissolution of the tho Injunction of ot this tha th Wabash by Judge fud Adams of oC St Louis Frank W Arnold grand sec leo secretary rotor and Ind treasurer of ot time the lie Locomotive Firemen 1 said paid saidI I was confident train from tho first that the time Injunction would bu bo dissolved Mr lr Arnold rold refused to answer any nn question on the time strike proposition Mr grand muter master of the theordor order Is out of ot the tho city ct today JUDGE W V T UWIN Judge W T P Irvin one mno of ot the chief attorneys for the firemen In their tight fight l ht over oer time the of at the time h 01 lain mIs said Gald The railroad made their complaint m on arm a set eat of Imaginary facts and atmil did dil not nt horv hO Time The decision I II Is well ell forti forU fortified fled fied le and will vill wi not be he overruled If ap MP appealed The Time brotherhood have won von on pealed haY a 1 grand victory victor Ictor for tor the time laboring men and time the th decision will wi go far toward better relations with employee |