In Equity No, 
 
 United States of America, Petitioner, 
 
 International Brotherhood of Electrical 
 Workers, Local Unions Nos. 9 and 134 , 
 
 PETITION 1 IN EQUITY. 
 
 JAMES H. WILKEBSON, 
 
 United States Attorney , 
 Northern District of Illinois. 
 
 GEORGE W. WICKER SHAM, 
 
 Attorney General. 
 
 JAMES A. FOWLER, 
 
 Assistant to the Attorney General. 
 
 WASHINGTON : GOVERNMENT PRINTING OFFICE ; 1918 
 

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 In the District Court of the United States 
 for the Northern District of Illinois. 
 
 United States of America, 
 
 Petitioner , 
 
 v. 
 
 International Brotherhood of 
 Electrical Workers, Local Union No. > 
 9, International Brotherhood of 
 Electrical Workers, Local Union No. 
 134, et al., 
 
 Defendants 
 
 In equity. 
 
 To the honorable the judges of said United States Dis- 
 trict Court , in chancery sitting: 
 
 Your orator, the United States of America, by 
 James H. Wilkerson, district attorney of the United 
 States for the northern district of Illinois, under 
 £><ihe direction of George W. Wickersham, Attorney 
 General of the United States, brings this bill of 
 complaint against the International Brotherhood of 
 Electrical Workers, Local Union No. 9; the Inter- 
 national Brotherhood of Electrical Workers, local 
 Union No. 134; Martin J. Healy, individually and 
 ' as president of said local Union No. 9; Michael J. 
 Boyle, individually and as president of said local 
 
 75355—13 
 
2 
 
 Union No. 134; William J. Sloan, individually and 
 as business agent of said local Union No. 9; W. N. 
 Harris, E. M. Lamie, J. J. Elliott, W. Conrad, E. D. 
 Shanks, G. Florian, W. Saunders, H. Warner, W. 
 Sinclair, S. O. Minor, A. V. Beckner, F. S. Allen, 
 H. Coghill, M. O’Day, J. C. Carroll, jr., J. Gaul, 
 Bert Coghill, and Frank H. Carroll, and thereupon 
 your orator represents to the court and charges as 
 follows: 
 
 First. That the Postal Telegraph-Cable Company 
 of Illinois, hereinafter called the Telegraph-Cable 
 Company, is a corporation legally organized and 
 existing under the laws of the State of Illinois and is 
 a resident and citizen of said State of Illinois. 
 
 Second. That said International Brotherhood of 
 Electrical Workers, Local Union No. 9, and said 
 International Brotherhood of Electrical Workers, 
 Local Union No. 134, are voluntary associations 
 formed and existing in the county of Cook and State 
 of Illinois, and that said Martin J. Healy is president 
 of said local Union No. 9 and said William J. Sloan is 
 business agent of said Local Union No. 9, and said 
 Michael J. Boyle is president of said Local Union No. 
 134; and that said W. N. Harris, E. M. Lamie, J. J. 
 Elliott, W. Conrad, E. D. Shanks, G. Florian, W. 
 Saunders, B. Warner, W. Sinclair, S. 0. Minor, A. V. 
 Beckner, F. S. Allen, H. Coghill, M. O’Day, J. C. 
 Carroll, jr., J. Gaul, Bert Coghill, and Frank H. 
 Carroll are officers, directors, managers, agents, 
 members, or in the employ of or acting as confederates 
 
3 
 
 with the said different local unions in the unlawful 
 acts hereinafter complained of, and they and each 
 of said defendants reside in said city of Chicago, and 
 are citizens of the said State of Illinois. 
 
 Third. That the said Telegraph-Cable Company 
 was chartered and organized under the laws of said 
 State of Illinois for the purpose of constructing, 
 maintaining, and operating lines of magnetic tele- 
 graph in said State, and that upon such incorpora- 
 tion it became a common carrier of telegraph mes- 
 sages and was required under the provisions of the 
 statute in that behalf made and provided to receive 
 any telegraphic dispatch from any other company or 
 person tendering the same, and was further made 
 subject to forfeiture of all right to transact business 
 in said State and might be enjoined in any court of 
 competent jurisdiction from transacting its said 
 business if it refused or neglected to transmit mes- 
 sages as aforesaid, besides being held liable for all 
 damages which should accrue by reason of such 
 refusal to the company or person offering such dis- 
 patch for transmission. 
 
 That said Telegraph-Cable Company has been since 
 its incorporation and now is duly carrying on the 
 business of a common carrier of messages in said State 
 and is now operating over thirteen thousand (13,000) 
 miles of telegraph wires in said State. That said 
 lines of telegraph wires extend across said State to the 
 boundary lines thereof and there connect with the 
 lines of other telegraph companies with which the 
 
4 
 
 above telegraph company has entered into arrange- 
 ments for the continuous transmission of said mes- 
 sages to the destinations thereof. 
 
 That said Telegraph-Cable Company is engaged in 
 interstate and foreign commerce in the transmission 
 of messages from points in said State of Illinois over 
 its said lines and the lines connecting therewith as 
 aforesaid to points located in other States and in for- 
 eign countries and in receiving and transmitting mes- 
 sages sent from points in such other States and for- 
 eign countries to points in said State of Illinois over 
 its said lines and connections therewith as aforesaid. 
 
 Fourth. That said Telegraph-Cable Company has 
 duly filed with the Postmaster General of the United 
 States its written acceptance of the restrictions and 
 obligations of a certain act of Congress, approved 
 July 24, 1866, in which it is provided that telegraph 
 companies accepting the provisions thereof, may 
 construct and maintain and operate lines of telegraph, 
 through and over any portion of the public domain 
 of the United States, over and along any of the mili- 
 tary or post roads of the United States, and over, 
 under, or across the navigable streams or waters of 
 the United States, and that said Telegraph-Cable 
 Company is now operating, subject to the terms of 
 said act of Congress and by reason of said act and of 
 the amendments thereto and the act of Congress ap- 
 proved March 1, 1884, has the right to operate its 
 telegraph fines over public roads and highways, kept 
 up and maintained as such throughout the United 
 States. 
 
5 
 
 Fifth. That said Telegraph-Cable Company is also 
 subject to the provisions of the interstate commerce 
 act and the amendments thereof by reason of the 
 provisions of the act of Congress approved June 18, 
 1910, extending the jurisdiction of the Interstate 
 Commerce Commission over all telegraph companies 
 engaged in the transmission of interstate messages. 
 That said Telegraph-Cable Company has an extensive 
 interstate business originating at and coming to the 
 city of Chicago, in said State of Illinois. That in 
 said city it daily receives or transmits interstate 
 messages as aforesaid to the number of approximately 
 fifty thousand. 
 
 Sixth. That said Telegraph-Cable Company in 
 pursuance of the provisions of said act of Congress 
 of July 24, 1866, receives or transmits at Chicago for 
 the Government of the United States a large number 
 telegrams between the several departments thereof 
 and their officers and agents, and gives them priority 
 over all other business at rates fixed by the Postmas- 
 ter General of the United States, and that said com- 
 pany is subject to the act of Congress of June 10, 
 1872, providing for severe penalties if any such tele- 
 graph company refuse or neglect to transmit any 
 telegraph communication tendered by the officers of 
 the Government of the United States. 
 
 Seventh. That at said city of Chicago, in the State 
 of Illinois, there are many and divers great industrial 
 and commercial establishments requiring for the 
 proper conduct of their business prompt and con- 
 tinuous and uninterrupted telegraphic communica- 
 
6 
 
 tion with points in other States and in foreign coun- 
 tries. 
 
 That among said great industries there located 
 are the packing -house industries of the district 
 known as the stock yards in said city of Chicago, 
 and that said Telegraph-Cable Company has a large 
 number of telegraph wires in constant use in con- 
 nection with said packing-house industries there lo- 
 cated. That among the other great business inter- 
 ests centering in the city of Chicago is the buying 
 and selling of grain on the Chicago Board of Trade, 
 and that those there engaged in said business require 
 constant and uninterrupted telegraphic communica- 
 tion with points in other States and foreign countries, 
 and that said Telegraph-Cable Company has a large 
 number of wires constantly in use during business 
 hours in connection with said board of trade and 
 the concerns there doing business. That any inter- 
 ference with the said wires of said Telegraph-Cable 
 Company or with its other telegraphic lines, connect- 
 ing said city of Chicago with points in other States 
 and foreign countries, constitutes an interference 
 with and interruption of interstate commerce, and 
 is greatly to the detriment of the public, including 
 officers of the Government of the United States, who 
 make use of the lines of said telegraph company for 
 the transmission of their interstate messages. That 
 without prompt and uninterrupted telegraphic com- 
 munication between said city of Chicago and points 
 in other States and foreign countries, the sale and 
 
7 
 
 shipment of products and merchandise in interstate 
 commerce would be seriously interfered with and 
 the efficiency of the different departments of the 
 Government of the United States would be greatly 
 impaired. 
 
 Eighth. That in or about the month of Septem- 
 ber, 1912, there arose between said Telegraph-Cable 
 Company and the officials of said local unions Nos. 
 9 and 134, claiming to represent employees of said 
 company who were members of said unions, a dispute 
 concerning the terms of employment. That said 
 union officials insisted that contracts be executed by 
 said Telegraph-Cable Company with said local unions 
 specifically providing that said Telegraph-Cable Com- 
 pany should employ only such men as were members 
 of said unions, respectively, in their several lines of 
 work, thus establishing what is commonly known as 
 the “ closed-shop” policy on the part of said Tele- 
 graph-Cable Company. That the officers of said 
 Telegraph-Cable Company refused to agree to the 
 “ closed-shop” policy as aforesaid, which policy would 
 have necessitated the discharge by said Telegraph- 
 Cable Company of old and faithful employees who 
 were not members of said unions. That at a confer- 
 ence with defendants, Healy and Boyle, on or about 
 September 25th, 1912, the officers of said Telegraph- 
 Cable Company asked said defendants what the 
 result would be if they refused to agree to the terms 
 proposed, and said defendants, or one of them, then 
 replied in substance that in that event they would 
 call out their men on a strike and fight said Telegraph- 
 
8 
 
 Cable Company, making it cost them as much or 
 more as recent trouble with the Western Union has 
 cost that company. That thereupon, said dispute 
 having reached an acute stage, where a strike on the 
 part of said local unions and their members was 
 threatened and imminent, said officers of said Tele- 
 graph-Cable Company, on, to wit, October 15th, 1912, 
 discharged said employees who were members of said 
 local unions and supplied their places with men who 
 were not members of said unions. 
 
 Ninth. That immediately thereafter threats were 
 made against officers and employees of said Tele- 
 graph-Cable Company, and acts of violence began to 
 be committed daily and in divers places in said city 
 of Chicago against the property of said Telegraph- 
 Cable Company, whereby the telegraph lines of said 
 company were cut or otherwise injured or destroyed 
 by the use of acids or other means, thereby greatly 
 interfering with and crippling the service that said 
 Telegraph-Cable Company was able to give to those 
 seeking to transmit messages in both intrastate 
 and interstate commerce over its lines, including 
 officers of the Government of the United States, 
 whose messages, though given preference, as required 
 by the acts of Congress aforesaid, were still greatly 
 delayed in their transmission by reason of the 
 interference with the wires of said Telegraph-Cable 
 Company above set forth. 
 
 Tenth. That said acts of depredation have been 
 repeated almost daily during the entire period since 
 the discharge of said former employees as aforesaid, 
 
9 
 
 and your orator believes, and therefore charges on 
 information and belief the fact to be, that said acts 
 have been performed by or under the direction or by 
 the connivance of said defendants Healy and Boyle 
 and the other defendants above named and persons 
 confederating with them, whose names are to your 
 orator unknown, and that said defendants and said 
 parties, whose names are to your orator unknown, 
 are unlawfully conspiring and combining together to 
 injure the telegraph wires and lines of said Telegraph- 
 Cable Company and to interfere with the transmission 
 of telegraphic messages aforesaid, both in interstate 
 and intrastate commerce. Your orator further 
 charges the fact to be that said individual defend- 
 ants have at all times herein mentioned well known 
 the character of the interstate commerce business 
 conducted by said Telegraph-Cable Company, and 
 that in committing or conniving in the commission 
 of the acts of violence above set forth, they have 
 purposely and deliberately interfered with the trans- 
 mission of the telegraph messages in interstate com- 
 merce as aforesaid, in violation of the rights of said 
 Telegraph-Cable Company and of the parties sending 
 said interstate messages, which are granted and 
 guaranteed to them under the Constitution and laws 
 of the United States. 
 
 Eleventh. Your orator further shows unto your 
 honors that said Telegraph-Cable Company has in 
 said city of Chicago some thirty-five (35) miles of 
 telegraph cables, each of said cables containing a 
 large number of its telegraph lines or wires coiled 
 
10 
 
 together and encased in a lead covering. That a por- 
 tion of said cables are suspended and hung under the 
 elevated structures of the elevated railroad lines of 
 said city of Chicago, while other of said cables are 
 located in conduits placed beneath the surface of the 
 streets, and still others are hung upon poles placed 
 along the sides of said streets. That said cables con- 
 taining the wires used for the transmission of inter- 
 state messages to points in other States extend out 
 into the less-thickly settled sections of Chicago, and 
 that at these points, as well as at the points where 
 the cables are suspended from the elevated structures 
 aforesaid, they are particularly open to attack, and 
 that it is most difficult to adequately guard the same. 
 That since the beginning of the labor troubles herein- 
 before set forth said Telegraph-Cable Company has 
 employed a large number of special officers and 
 guards to watch its said cables and telegraph wires 
 and to prevent injury thereto, but that because of the 
 extent of said cables and their location aforesaid said 
 Telegraph-Cable Company has been unable to pre- 
 vent these frequently recurring acts of violence, 
 which are usually committed in the night time, or to 
 apprehend and punish those responsible therefor. 
 That said acts of violence will, as your orator is ad- 
 vised and believes, continue, and that the transmis- 
 sion by said Telegraph-Cable Company of messages 
 in interstate commerce and of Government messages 
 will continue to be seriously interfered with, to the 
 great and irreparable injury both of said Telegraph- 
 
11 
 
 Cable Company and of those using its lines for the 
 transmission of messages as aforesaid, unless relief 
 is afforded by this honorable court. 
 
 For as much, therefore, as your orator is without 
 remedy in the premises, save in a court of equity, 
 and to the end that said defendants heretofore 
 named, and each of them, may be ordered to well, 
 true, and perfect answer make, to this, your orator’s 
 bill of complaint, but not under oath, their answer 
 under oath being hereby expressly waived, and that 
 said defendants, and each of them, and all persons 
 now or hereafter conspiring with, confederating with, 
 or acting in concert with said defendants, or either 
 of them, or their servants or agents, may be restrained 
 and enjoined from in any manner interfering with, 
 hindering, obstructing, or stopping any of the busi- 
 ness of said Telegraph-Cable Company in the man- 
 agement, conduct, or operation of any of its business 
 as a common carrier of telegraph messages between 
 or among any States of the United States, or of 
 messages of the Government of the United States as 
 aforesaid, and from in any way or manner cutting, 
 burning, tearing, or otherwise injuring, destroying, 
 or interfering with any of the telegraph lines or wires 
 of said Telegraph-Cable Company, engaged in inter- 
 state commerce or transmitting messages to or from 
 States other than Illinois from or into said State of 
 Illinois, or messages of the Government as aforesaid, 
 and from in any manner interfering with, injuring, 
 or destroying any of the property of said Telegraph- 
 
12 
 
 Cable Company engaged in or used for the purpose 
 or in connection with interstate commerce, or the 
 transmission of messages sent by the Government of 
 the United States or any of the officers thereof, and 
 from compelling or inducing, or attempting to compel 
 or induce by threats, intimidation, or by persuasion, 
 force, or violence any of the employees of said Tele- 
 graph-Cable Company to refuse or fail to perform 
 any of their duties as employees of said Telegraph- 
 Cable Company in connection with the interstate 
 business or commerce of such company, or the trans- 
 mission of messages of the Government of the 
 United States or any of the officials thereof, and from 
 compelling or inducing, or attempting to compel or 
 induce by threats or intimidation, force, or violence 
 any of the employees of said Telegraph-Cable Com- 
 pany who are employed thereby in its service in the 
 conduct of interstate business or in the transmission 
 of Government messages, to leave the service of said 
 Telegraph-Cable Company, and from preventing any 
 persons whatever by threats, intimidation, force, or 
 violence from entering the service of said Telegraph- 
 Cable Company, and doing the work thereof in inter- 
 state commerce as aforesaid, and from doing any 
 act whatever in furtherance of any conspiracy or 
 combination to restrain said Telegraph-Cable Com- 
 pany in the free and unhindered control, handling, 
 and transmission of interstate messages or messages 
 of the Government of the United States over its 
 lines, and from ordering, directing, doing, assisting, 
 
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 or abetting in any manner whatever any person or 
 persons whatsoever to commit any or either of the 
 acts aforesaid. 
 
 May it please your honors to grant your orator a 
 temporary injunction, pending final hearing of this 
 cause, whereby said defendants, and each and every 
 of the same, their confederates, associates, agents, and 
 servants, and all other individuals and associations 
 who may now or hereafter aid or abet said defendants, 
 or any or either of them, in doing or committing the 
 wrongs hereinbefore set forth, may be thereby ordered 
 and commanded to refrain and be thereby restrained 
 and enjoined as hereinabove prayed, and that an 
 order may be entered herein that said restraining 
 order shall be in force and binding upon said local 
 unions aforesaid and all officers and members thereof 
 from and after the service of said order upon the 
 president or any one of the officers of said local 
 unions by delivering to him a copy hereof, and that 
 the same shall be binding upon each and all of the 
 other defendants named herein from and after service 
 of said order upon them and each of them by deliver- 
 ing a copy or by reading the same to them or each of 
 them, or by otherwise bringing the same to their 
 notice and knowledge; and that such order, and each 
 and every part thereof, shall be severally binding upon 
 all of said defendants and upon all other persons from 
 and after the time that they severally have knowledge 
 of the entry of said order. And that your orator 
 may have such other and further relief as the circum- 
 
14 
 
 stances may require and- to your honors may seem 
 meet. 
 
 May it please your honors to grant the writ of sub- 
 poena of the United States of America, issued out of 
 and under the seal of your honorable court, directed 
 to the said International Brotherhood of Electrical 
 Workers, local Union No. 9; International Brother- 
 hood of Electrical Workers, local Union No. 134, 
 Martin J. Healy, individually and as President of 
 said local Union No. 9; Michael J. Boyle, individu- 
 ally and as president of said local Union No. 134; 
 William J. Sloan, individually and as business agent 
 of said local Union No. 9, W. N. Harris, E. M. Lamie, 
 J. J. Elliott, W. Conrad, E. D. Shanks, G. Florian, 
 W. Saunders, B. Warner, W. Sinclair, S. O. Minor, 
 A. V. Beckner, F. S. Allen, H. Coghill, M. O’Day, 
 J. C. Carroll, jr., J. Gaul, Bert Coghill, and Frank H. 
 Carroll, commanding them, and each of them to 
 appear before your honorable court on a day certain 
 to be fixed by the court and then and there stand to 
 and abide by such order, judgment, and decree 
 herein as to your honors shall seem fit and proper. 
 
 And your orator will ever pray, etc. 
 
 James H. Wilkerson, 
 
 United States Attorney , 
 
 Northern District of Illinois. 
 
 George W. Wickersham, 
 
 Attorney General. 
 
 James A. Fowler, 
 
 Assistant to the Attorney General. 
 
15 
 
 State of Illinois, 
 
 County of Cook , 
 
 , being duly sworn, on oath deposes 
 
 and says that he has read the foregoing bill and knows 
 the contents thereof; that he has made and caused 
 to be made a most thorough and exhaustive examina- 
 tion of all the facts and other matters alleged in said 
 bill of complaint and that based upon such investi- 
 gation and the knowledge thus acquired, he says 
 that said bill of complaint and all of its contents are 
 true to the best of his knowledge, information, and 
 belief. 
 
 Subscribed and sworn to before me this day 
 
 of , A. D. 1913. 
 
 , 
 
 Notary Public. 
 
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