, 1880-09-26
THE RAILROADS.
Conclusion of the Contempt Case
in the Matter Of the West
ern Indiana.
All the Defendants Dismissed
Except Fogarty, Who Is
Fined 500.
No Improvement in the Volume Of
East-Bound Freight.


No Improvement in the Volume of
ra,+.p.a r~a;,.x+
A@es @eo"o3 ~~@6os'
THAT CONTEMPT CASE.
The arguments In the contempt proceedings
against Mayor Harr1son, Commissioner Waller,
Observation-Disclosures FoRafty. and Superin-
tcndent O'DonneQ were, continued yesterday
morning before Judge Jameson. The afhdayits
on behalf Of the complatnants were presented
week ago, and yesterday Was devoted to the de-
fenso. Mr. Adams, the Corporation Counsel, ap-
peared for the city authorities and read the dif-
ferent afidavits.
Mayor Harrison made affidavit that on the 18th
fust., about o'clock p. nl., he was served with
an injunction issued ut the instance Of the West
ern Indiana Railroad; that alhant's understand
Ing WAS that the Company was bound to locate
its work with certainty before 1t could cross the
streets; and alnant further says that the place
where the Company WIS proceeding to lay its
track was not on any route previously indicated
to him OF to the Commissioner OF Public Wo, X:
that ou Sept, Is the Company had not luid its
track over any property between Twelfth
and Van Burcn streets: that there had been for
some time standing order to the police
not to permit the laying OF trucks across
the streets without the permission OF the
Department Of Public Works; prior to Sept. Is
sion u lay its track across any street, except
where the track had been laid over property
abuttiuu on the street over which It was nrn-
posed to place track. No PERMISSION was ever
askeo " cross Dtarooru s%reet noFen OF l"eltth,
or Twelfth Taylor, Polk. or Harrison Streets ex-
oept once, % upon Sept u about a *:o o'clock p m
, -. ,..1 ..s. - -. oo1 w. a
coop.e VI nooes htof aaaa. "ene 20 aarr'son
street and found men tearing up tue street Mt a
place not Indicated On any route which had been
Formerly shown to him, but which was far r.
moved from anv route he had previoualy prev " seen m
Af1ant. made inquiries, and told the man
who seemed to be in charge that he could
not ptosecs olm IN laslne ne tracks tnsre at
nIsa1u"e' auant uen !s'. auu oio not
again return that day or night he did not
order any one to stop the work. Atiant further
denosed that he never sat1 he could not oherthe
sai1,ns,,a., ~. insor-,ad hst.>m. y. ..... ~ ~
.u1oaoIon. no na 'nlo'u oe,"le " weut ~
harrison street tnat tneEe would probably be
tracks. a Ta tmmeiiafe,y co,,nsaled vtth the
police authorities and ordered them to
preserve the peace' out ne old nor consider he
wns bound to call out the whole force to protecr
the railroad emp1oyes while laying tracks at
a.a sunS A s..a T'u.
after night the work OF traok-iaying should be
eentrate anv large body of POLICEMEN IN the
spot. He did not order or sanor!on the teartno
=. % Of the @ .raeks. "a ss 0A4@' - S ~ ~
Chief Of Police @ 'Donnell stated IN his affidavit
thar he was served with aotico Of the Injunction
ia this case On the afternoon of Sept. Ii; The
afternoon, referred to the rumurs Of II riot, and
gave the directions tn keep the peace, but gave
70 sasss % s sa Ss
prevent tae distraction Of any propeFty: He
nor 1ave any orders authorizing it, or forbid
ding any work till further orders from him.
Michael sohaack, one Of the Lieutenants ct
Twelfth street ut the time OF the disturbance,
and did not see Chief O'DonneI1 nnttf utout
e eer Re ea
ot the truck, aud that the only order purportng
to come from Mr.. ODon1elll he received that
to have all spare policemen in readiness in case
they might be called on to preserve order at the
railroad crossing. but not N any way to inter
advised. r. ::.
james L. HiRh. who had the conversation with
the MayoF M 4 and ! Cit!y-AttoTney aEinnsil, who
did not say in court, Sept l5 that he ''ct,usd NIT
obey the injunction" Or words TO that effect or
preston whatever that he had any intention OF
dsobeytng the injunction.
Commissioner Waller, in bis affidavit. stated
Brown CANT to his Office and talked with
him for some time about laying tracks across
Blreeta and alleys, not, however, deStgnat nK
any particular ones A1lant told him that 1t
was his {Walfer'<l duty, under the ordinance. to
see that the tracks were laid properly and 10
the hest advantage at street crossings, so as to
do the least possible damage; and that, II the
Company attempted to SO outside Ut the ordi-
nance, he should object Mir. brown agreed
that this was right, and left seemingly satisfied.
Aoout $3.50 p. H.. nfaant was served
with the Injunction, and, an hour later,
received the note frum Brown, here
to.urc referred to. Supt- Fogarty was
uE,sent at The time. and at1iunt was unable to
communicate With him until nearly o'clock.
In the meantime it had been reported to him
that the Company had collected II large force OF
men and was preparing to lay the truck TINT
night on nli the streets as far ns'rth as 1t de-
sired tn. When FnxArty returned af3aut di- I
rected him to proceed to th6 crossings men-
toned above, giving him the Instructions stated
ty Fugarty In his affidavit. He did not other |
wise luterfere with tho construction Of the
track. He understood the injunction to Ie- |
strain him from using physical force, about |
which he gave no order.
Tho affidavit Of StrcetSuperfutendentF FoEarty
set forth thnt. about 8 p. m, Sept. Is, Commis-
sioner Waller handed him the communication Of
President Brswn, asking that some one be sent /!
to see thar the track was laid In satisfactory |
manuer, and Instructed him to 70 at once and |
find out If the railway company was about to |
Law ftstracks across Twelfth. TAYLOR Polk, and |
Harrison streets in the night t1me, and, If 60 to
protest aRnInst it, and say to the ono Ia charee
uf the WORK thai the Department could not ap- I
o,..,n. ~. :.-,.,o.+,.+