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Atlantic Weekly Telegraph (Newspaper) - April 5, 1893, Atlantic, Iowa U f THE i M i WEEKLY APRIL VOLUME NUMBER Decisions In the An Arbor Boycott TIOLATED THE INTERSTATE fudge Tafti Decision Upon the Injunction Brotherhood Men Cleared of April Brotherhood of Locomotive Engineers is declared to be a conspiracy against the laws of the by Judge Taf and the tempo rary injunction prayed for against Chief in the Ann Arbor boycott is The decision was read in the United States circuit court by Judge Ricke at the same time that he rendered bis decision in the case of the Lake Shore engineers obeying the laws of the Brotherhood of Locomotive refused to handle Ann Arbor as there was a strike on that In the latter case the court held Engineer James Lennon for because he had been twice ordered to move the ears by the officials of the company and did not do so until ordered to do so by the brotherhood officers after the boy cott was The seven other men were Judge Tufts In substance Judge Tafts decision in the Ann Arbor case is as follows A temporary restraining order was issued by me against A hearing has since been and the question now whether on the evidence pro duced the order shall be continued in force until the final decision in the The original bill was filed against eight railway An amendment was afterward filed making two new defen Arthur and Sargent was subsequently discharged as he was a nonresident of the Arthur Held As to Arthur the amendment charges that as chief of the ex ercised a controlling influence its in all matters and that one of its rules requires all of its members in the employ of any railway whenever an order to that effect shall be by said chief shall re fuse to handle or carry any cars of freight from any other railroad com pany whose members of said have engaged in a strike that such a strike has been declared against the complainant by the mem bers of the brotherhood with Arthurs consent and approval that Arthur now publicly that unless com plainant submits to the demands of its striking employes he will order the rule above stated enforced that the rule is in direct contravention of the interstate commerce law and is intended to induce the employes of the defendant companies to violate that law and the previous or der of this court and that Arthur with others is conspiring to that Under the ourts The jurisdiction of this court to hear and decide the case made by the bill cannot be maintained on the ground of the diverse citizenship of the If it exists it must arise from the sub ject matter of the in voked the chancery powers of this to protect the complainant in rights which it claims under the act of con gress passed known as the interstate commerce and an act amending passed March These acts were passed by congress in the exercise of the power conferred on it by the federal To regu late commerce foreign nations among the several states and with the Indian Arthurs Counsel for Defendant Arthur con tended that the interstate commerce law and its amendments are only declaratory of the common law which gave the same rights to the complain and that therefore this is not a case of federal The original jurisdiction of this court extends by act of congress passed to all suits of a civil nature at common law or in equity where the matter in dispute exclusive of interest and the sum or value of and arising under the constitution or laws of the United The bill makes the necessary aver ment as to the amount in It is immaterial what rights the com plainant would have had before the pas sage of the interstate commerce It is sufficient that In the consti tutional exercise of has given the positive sanction of the federal law to the rights secured in the and any case involving the enforcement of these rights is a case arising under the laws of the United Objects of the The Brotherhood of Locomotive Engi neers is an association organized in whose members are locomotive engineers in active service in the United Mexico and the Dominion of Then number is The engineers engaged with the defendant companies are most of them members of the broth The purpose of the brotherhood is declared hi its constitution to be more effectually to combine the interests of locomotive to elevate their standing as such and their character as Qualifications For These ends are sought to be obtained by requiring that every member shall be a man of good moral of habits and a locomotive en gineer in actual with a years and by imposing the pen alty of expulsion upon any member guilty of disgraceful conduct or drunk of neglect of of injurv to the property of the or of en dangering the lives of A mu tual insurance association is supported ttt connection with in which every member is required to carry a and there is an efficient employment bureau for the A strong and complete organization is maintained for the systematic govern ment of the and its rules are well adapted to establishing and carrying out general and local plans with respect to the terms of employ ment of its Submission to when once adopted by requisite is required of every mem ber on penalty of Tim Management of Controversies with employer companies is immedi ately with a chairman of a standing gen eral adjustment committee ior the par ticular railroad system involved and af terward with the grand The grand chief has large judicial and executive He is the ultimate authority al ways cnUed in to adjust the differences between members and their and he is the one to whom appeals are is said that orders issued in this case are without Every just order or rule known to equity courts was born of some emergency to meet some new con and was therefore in its time without a If based on sound principles and beneficial results follow their affording necessary relief to the one party without imposing illegal burdens on the new reme dies and unprecedented orders are not unwelcome aids to the chancellor to ineet the constantly varying demands for equitable Discharged tlie As hereinbefore i ntimated the duties of an employe of a public corporation are such that he cannot always choose his own time for quitting that The parties now charged with contempt must be tried on the facts as they have been made to appear and having fully considered them I conclude that Engi neers Rutger and Conley vice of the Lake Shore and Michigan Southern railroad under circumstances when they had a right to do so and they are in contempt of court because of such conduct and they be Glren the Benefit of the In reaching this conclusion I have thew cases is criminal in char acter and given the accused the benefit of the especially as to the extent to which they had conspired to act con certedly in quitting service in a way to injure their employer and aid in forcing a An act when done by an in dividual when in exercise of a right may be when done by a conspiring to injure or improperly in fluence may be One or more employes may lawfully quit their employers service at but a combination of a number of them to do for the purpose of injuring the pub lic and oppressing employers by unjust ly subjecting them to the power of the confederates for extorting or for mis is Leuuoii Held For With these views of my duty an or der will be entered that the James stand adjudged as guil ty of contempt and to pay a fine of and costs of this upon pay ment of which he will be discharged from the further orders of the The orders madein this case to all the connecting roads and their employes who have continued in the are still in full force and it is but just to all concerned that the court should say that the laws and orders having now been fully interpreted and made any violations thereof that may hereafter be will be dealt with in a and purpose quite different from that which has controlled us in this made to settle disputes arising between and their firemen as named quit the uer members and He is j the head of the insurance Judge Taft then runs over the hap stating that Arthur sent tele grams to li Chicago men of the genera adjustment on as many dif ferent notifying them that A Local Strike Was On and to obey the laws of the brotherhood and continues A legal in broth erhood means one consentec to by the grand His consent is necessary under the rules of the order to entitle the men thus out of employ ment to the three months pay allqwe striking Arthur admits tha the particular to which he referred in this was adopted by the brotherhood at Denver three years ag but which is not published in ti printed copy of the constitution and by It is as follows The Objectionable That when an issue has beei sustained by the grand and carriec into effect by the Brotherhood of Locomo tive it shall be recognized as a violation of his for a member of the Brotherhood of Locomotive Engi who may be employed on a railroad running in connection or adjacent to said to handle the property belonging to said railroad or sys tem in any way that may benefit said com puny with which the Brotherhood of Lo comotive Engineers is at until the grievance or issue of whatever nature1 or kind has been amicably It is quite clear from the evidence thai a violation of obligation is the highest offense of which a member can be guilty and merits Continuing the document dwells upon the action of the men in refusing to handle Ann Arbor Quotes the Section 1C of the interstate commerce act as amended provides that any com mon carrier is a any direc tor or officer or any or agent or person acting or employed by such alone or with any other corpora person or shall willfully omit or fail to do any mat ter or thing in this or required to be or shall cause or willfully suf fer or permit any matter or thing so directed or required by this act to be not to be or shall aid or abet such omission or shall be deemed guilty of a and shall upon conviction in any district court of the United witn in the jurisdiction of which such offense was he subject to a fine of not to exceed The decision con tinues Engineers Guilty of Under this section it will be seen that the engineers of the defendant companies refusing to handle interstate freight of complainant are guilty of and subject to criminal Section in subjects to punish ment only the common carrier company and its but it is quite clear that any one though neither a common carrier nor an aiding of abet ting or procuring the common carrier or its employes to violate the be punished under it as a To Obey Rule 12 Is All persons combining to carry out rule 1J of the brotherhood against the complainant if any one of them does an act in furtherance of the combination are punishable under the foregoing This is true as already the object of the con spiracy is to procure and compel defendant companies and their em ployes to refuse equal facilities to the complainant company for the inter change of interstate The Injunction In allusion should be made to that part of the original restraining or der herein which compelled Arthur to rescind the direction he had already given for the enforcement of rule There was absolutely no way of main taining the staus quo between the parr which is the proper office of a prelimi nary injunction but by compelling at once a recision of the Arthur The present was an extreme The in jury threatened was wrongful and and a though not a frequent was necessary and could by no under the work injury to any The motion for a temporary injunction against Defendant Arthur is allowed as prayed Ricks Judge Ricks decision in the case of the Lake Shore men was briefly as fol lows This suit was instituted by the Ann Arbor Railroad company to compel the Lake Shore and other railroads to handle its known as interstate The interstate commerce law made it mandatory upon connecting railroads to receive ami deliver passengers and and to afford equal facilities for the interchange of Corporations can act only through their agents and so that the manda tory provisions of law which apply to the corporation apply with equal force to its officers and Tut Courts Action The authority of the court to issue such an order has been it reste en well established It OP Baltimore Will Build a Monu ment to THE VICE PRESIDENTS ADDRESS Highly Eulogistic of the Virtue and Patriotism of the Marylanders of Revo tlonary Some of Exploits of the Men of That the SARGENT ON THK They Are Time Wasted and Will Not Af fect TERRE April Master Frank Sargent of the Brother hood of Loconiottve Firemen stated Monday evening that the decisions ren dered by Judges Ricks and Taft in the case of the engineers at Toledo was time so far as affecting a strike or and Judge Ricks decision that men had a right to will be car ried out to the letter and courts will not get a chance to summon employes for He Questioned the Decision of Judge Taft in declaring Rule 12 of the engineers a violent and criminal conspiracy against the The granting of the tem porary injunction against Chief of the does not effect ithe law of the engineers and indi vidual members will still be compelled to carry put that notwithstanding the decision rendered by Judge The rule can only be changed by the su preme officers at a general The boycott will still be enforced by the and instead of refusing to handle trains containing Ann Arbor the Engineers and Firemen Will Resign their positions arid the courts will then be compelled to prove that they refused to handle Ann Arbor freight in order to hold them for If the boycot already acted on by the engineers is a criminal conspiracy against the country as decided by then boycote are at an end in If it applies to a company it applies to the individual and all the railroad companies which boycotted the Chicago and Alton recent by refusing to sell tickets over that were guilty of criminal con Sargent emphatically dis agrees with this and questions if there is a statute covering this Both cases will be carried to the April Pres ident Stevenson came to Baltimor Monday afternoon from Washington to open the great bazaar in aid of the inon nment to be erected to the memory ot the Maryland heroes of A commit tee went to Washington and escortei the vice president to where another committee took charge of the distinguished Delivered an At the Fifth regiment armory the vice president was introduced by Edwin and he delivered the follow ing address Here you inaugurate an enterprise in which not only the people of land but American citizens everywhere feel a profound I congratulate you most earnestly upon the auspicious opening of this great This that of erecting a monu ment to the memory of heroes of this great is one that appeals to all patriotic Too High Praise Cannot Be Awarded those who unselfishly devote time and labor taken from the busy cares of life in order that the memory of those who in the defense of their country may not The societies here repre sented who have undertaken this noble not only deserve the greatest measure of but the thanks oi the people of this great History records the fact that Maryland played no mean part in the struggle for colon ial The the self the sacrifices of our make one of the brightest chapters of our his 1 I may be pardoned for remind ing you of the fact that of the little army during the seven years coped with the British regu lars on many a bloody more than Were Furnished by It cannot be forgotten that thegallanl little band of 4tji patriots with fixed six times charged Corn wallis brigade of regulars on Long Hand and saved ihe AnrerioSnawny from were a part of the quota furnished from your own In the galaxy of bright names forever associated with the struggle for inde pendence there are few more deserving of perpetual remembrance than those of Rich Howard and The bravery of these officers and others equally worthy of mention aie indelibly associated with Harlem Cam German town and Guil ford A Locomotive Boiler Explodes With Fatal RED April At oclock Monday evening engine of the Choctaw Coal and Railway Hauling an east bound exploded as it was leaving the boundaries of this causing the death of four train They are night The trainmen and passengers who oc cupied the caboose escaped with a few scratches caused by the sudden stoppage of the who was riding on the was found under the engine The other who were in he engine were thrown eighty feet from the All the bodies Killed by April Lightning struck Wilcoxs lumber office at Bar lolph during a rain storm Monday even ng and instantly killed one man and njured Fighting April A bloody ight took place here about I oclock Monday about twenty Italians eing the Knives and guns were used to argue thejmportant IT DIDNT An English Scheme to Swindle American April important de cision was rendered by Judge Riner in the United States circuit court Monday in the case of Warren Brownet the Republican Mountain silver a corporation organized under the laws of Great with its prin cipal business office in About fourfifths of the capital stock of the company is held by American stockhold the other fifth being held in Eng The English represent ing onefifth of the attempted to freeze out the Americans repre senting and in order to car ry out this purpose on June 1891 the secretary eent out notices from the London office calling for a winding up meeting to be held June These notices were sent to the American stock holders with the full knowledge that it would be impossible for them to be pies for the reason that the time given was not sufficient to reach the Ameri can June notice for a second or confirmatory meeting was sent out for a meeting to be held July At that meeting the proposition was presented to American stockholders who could not have been present in the time al This action Judge Riner de cides was an attempt to deprive the American holders of their and hence the latter were entitled to the re lief prayed which was that a re ceiver be appointed for the A Railway Men and Farmers Kngage In a WEST April terrific battle took place at Jackson 20 miles from here Monday between the employes of the Milwaukee and Paul and mechanics and Miles McGov ern and Peter Meyers were determined to build a warehouse in spite of orders from the railway to the At noon the company sent men to lay rails on the building spot to prevent the McGovern and Myers and band of farmers resisted and a bloody battle took resulting in seven or eight men being terribly one of whom will The men became wild and fought like demons with rocks and The com pany did not want to make a snipping point of the The railway is now in full posessisn of the Wants the April Chicago pres bytery at its meeting ordered the fol lowing overture to the general as IT BEflTS fllilt Our patrons the amount of business we are doing this season in MENS and BOYS CLOTH also MENS including IT BEATS ALL that we have ever done be We try to beat all competitors in the style and quality of our goods and in the matter of low We succeed You can beat all your acquaintances in appearance if you buy your Clothing of usf Dont regret it New arrivals in Novelties are daily being received by such as the latest effects in SQUARE OUT suitable for the young men and they are beau ties Our Special Department for Children and Boys is complete in assortment and we cordially invite mothers who contemplate buying for their children to call on We show no less than 5O distinct styles in every age and we make popular prices on them high prices We are agents for the Mothers Friend Strictly One All goods marked in plain MODEL ONE 4O7 Chestnut HOTEL COLUMBIA 292 63d may to PER Situated opposite Woodlawu Illinois Central and on Chicago Elevated Railway and Street Oar Two blocks from entrance to Worlds Fair Building just erected and interior newly Strictly FirstClass in every re References by permission politau National Bank Scott sembly The Chicago Presbytery most earnestly protests against the strife and confusion produced by the appeal of the case of Professor Briggs to the and asks that that body in its wisdom discover some way by discussion or by which the rights claimed by an acquitted man may not under the letter of our constitu tion be violated and equity be thus vio Klected April stock holders of the International and Great Northern jailroad met in annual session here and elected MIXICU WITH Removing the Injunction of on the Russian Treaty April senate was in secret session for more than an lour Monday and at the end of that ime only a few postmasters were given out as having been This the most unimportant jart of the The Bering sea cor respondence and the cases of the two overnmeuts were submitted to the sen but not The Russian treaty was then taken up and demanded the at lention of the senators for some The recent criticisms of this treaty in he newspapers have given the instru ment a kind of a political and the senate is no nearer a solution of the question whether or not to release the njunction of secrecy than it was a week or 10 days The discussion hinges upon just what imount shall be made The reaty was originally negotiated by Bayard under Clevelands irst The objections that lave been aimed at the convention strike out clauses that were in the original but it is do not now Republicans insist the treaty as adopted shall be pub ished along witn the original so it shall appear exactly what was roposed and wnat was Dem ocrats oppose No conclusion was cached when the senate Signed by Chief April larris has signed the bill for the rati of the amended strip his was the last step necessary to as ure the opening of the strip to settle LOCKKD The Senate Deadlocked on the Maximum Rate April senate upon reassembling proceeded with bills on third reading and soon reached house roll the rate Senator Mattes moved the senate take a which was but before a vote was taken Eggleston moved a call of the Senator Dysart raised the point of or der that inasmuch as the members are not under pay the senate cannot compel their Tiio cluiir ruled that the point of order was not well The deadlock was apparently broken two or three but as often Agreements were drawn up by both but were as promptly At 1 oclock the senate was still under a call of the house and the sergeantat arms was hunting up the CABPKNTERS Union Men Employed on the Fair Grounds Have April man of the union carpenters employed at the Worlds Pair grounds struck Monday because the fair officials re fused to discharge all the nonunion car penters now in the employ of the exposi tion and to force all contract ors at work on the grounds to do the The exposition officials were willing to grant the advance from 35 to 40 cents an which the men de but they declined to discrim inate against any American citizen in the matter of This move on the part of the union carpenters has been anticipated and work on all buildings has been pushed to the utmost But half a dozen of the smaller buildings remain incom and Duector of Works Burn ham insists that enough nonunion men can be secured in addition to the or 400 now employed to finish every structure in time for the May CUurch April disgraceful during which several blows were exchanged and more or less blood was occurred at the annual spring of the Presbytery of Chicago Monday at the Avenue of which Scott is
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