Mr. Walker smiled and said that such an order would suit him all right.
Judge Wood then added that it was within the bounds of the injunction called, for him to insist that the strike be declared off.
Attorney Greeting, reviewing the information, raised the insufficiency of the allegations, he also raised the question of the bearing of the statutes under which the defendants were enjoined.
The following are the sections of acts under which the United States courts issued injunctions restraining the American Railway Union, its officers or agents, from interfering in any way with the interstate traffic on railroads.
"Section 1. Every contract combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several states or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $5,000 or by imprisonment not exceeding one year, or by both; said punishments at the discretion of the court.
"Section 2. Any person who shall monopolize or attempt to monopolize or combine or conspire with any other person or persons to monopolize, any part of the trade or commerce among the several states or foreign powers shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished etc.
"Section 3. Every contract combination in form of trust or otherwise or conspiracy in restraint of commerce or trade in any territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such territory and another, or between any such territory or territories and any state or states or the District of Columbia or with foreign nations, or between the District of Columbia and any other state or states or foreign nations, is hereby declared illegal Every person who shall make any such contract or engage in any such combination or conspiracy shall be declared guilty of a misdemeanor and punished as in the case of Sections 1 and 2.
"Section 8. The word person or persons wherever used shall be deemed to include corporations and associations existing under, or authorized by, the laws of either the United States, the laws of any of the territories, the laws of any state or the laws of any foreign country."
"This law was never intended to cover the case of these defendants," said Mr. Greeting. "It is clearly directed at the trusts and combinations which conspire to rob such people as the defendants. It seems to me that the district attorney would have been acting more within the spirit of the law if he had charged the railroads and the Pullman Palace Car Co., with conspiracy to monopolize interstate commerce, as it is a well known fact that the railroads have contracted with Pullman to haul none but his cars."
A sickly smile spread over the features of the railroad attorneys present. It was evident that the words of Mr. Greeting sunk deeper than some of them would care to acknowledge.