Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-09-07
TINE wElIs-gARG~ AND y. p. =. \.
set AB8Lg.
Manager Bnrkiey Dtsregasds she Re-
ssrafsfnx order. and IL tfted 20 Ap-
near R~gsre Judge Greene.


pear Before Judge Greene.
A paper printed at Tacoma Published
al article In regard 70 this controversy
tie other day. in which tbs following
paragraph appears:
The Northern Pacific Railway Com
pany, by means of Assistant General
Manager Bockiev, has disregarded the
December restraining order, aud .as
refused 20 receive and transport the
employees and express of Wells. Fargo
q c.. For this Mr. Buckley has been
cited TO appear before Judge Greene in
Seattle, on the lssh inst, 70 be dealt
with according TO law"
In order 10 get the true inxardness of
this affair, = PosT-lSTELLIGEScEs re-
porter called upon Judge j. X. Lewis,
one of the attorneys in the case, and
asked for an explanation for publica-
ton. In reply 70 the request, Judge
Lewis said:
1.-The poin, is this: The restraining
order issued las: December compelled
the Northern Pacific Railroad Company
TO furnish facilities % Wells. Fargo d
Co.'S messengers and express on their
trains. not only on the completed por-
tons of the road. but on all sections to
be completed thereafter. The case Was
argued At Portland before Judges D.a-
dy and Greene, on ihe motion of tue
Sorthsrn Pacific kailrsad Company, TO
dissolve this injunction. A like injunc-
ton had been issued by Judge Deadly
against the D. X. a y. and Oregon and
California Railroad Companies. and the
same question Vas discussed before
Jude Deadly that the Northern Pacific
Railroad Company had presented
before Judge Greene. Jadge Deadly
granted the injunction aud It has been
enforced. and no effort has been made
90 dissolve IL in his court. Wells, Fargo
Il Co.. under Judge Greene order In De-
cember last, were furnished all these IA
cilities as far as the road extended east
ward. and Wells, Fargo * Co. kept an
Office in the car called the terminus car,
which zloyed forward as fast as the
road WAS completed. They 30 .contin
ned till the two ends of the road inter
sected, on the I'D of August, about
fifty miles this side OF Helena. Do that
day the route agent and messenger of
Wells, Fargo IL Co. went through to
Helepa, and from the 2fth to the 18th
the railroad company furnished the ne
ces 3ary facilities on its trains between
Helena and Missoula, for the transport
alton of the express and messengers.
On the 23th of August the railroad OFF,
Gals refused TO let the messenger on
board the train at Missoula, going east,
and on the Both refused TO carry the ex-
press or messenger from Helena west
ward. On the Goth of August the mes
seneer took his express box and got on
board the train at Helena to come west,
when be was put of aud his box and
express pitched after him. On August
Both. the following notice was served
on Colonel Evans, at Portland:
NORTHERN Pacific RAILROAD Co.,
ASST. GEN. MANAGERS OFFICE,
PORTLAND Aug. 30, 1883.
Col. Dudley Evans, Assistant Super
intendent Wells, Fargo d. Co. Port
land-Dear Sir: On September LIST,
1883, the Operating Department will as
sumo control Of the road from Missoula
to Helena, and | take this method OF
notifying you, as Assistant Superintend-
ent of Wells, Fargo d. Co., that We will
not furnish transportation for your
company be, ond Missoula. Mr. Foot.
ner, superintendent of the Northern
Pao nc Express Company, informs me
that he will take your business from
that point at rates which may be agreed
upon by yourself and him. Also, owing
to the increased business, which in.
wolves more work and duties from oul
agents, must notify you that on and
n flntnhar ~ thar tv,n 10 81 q.
do business for your company, either as
agents or employees, and you will please
arrange to relieve them from any duties
which they hays heretofore done fol
you, from that date. Yours truly,
j. NJ. BUCKLEY,
Assistant General Manager.
On September lst Judge Greene rem.
dered a decision refusing to dissolve
his injunction. but modified it, as stated
here:
In the District Court, holding terms
at New Tacoma. in the county Of
Pierce Wells Fargo d Co. vs.. North.
ern Pacific Railroad Company.
This cause coming on for hearing on
the motion To dissolve the temporar,
injunction herein. tbs Court, upon due
| consideration. denies said motion, ex
| Dept in 80 far as new routes and extsn
sions. and new Offices constructed OF
| established subsequent to the first DAY
OF September, 1854, are concerned, anC
as TO all such the said motion is sus
tained, and wherever the words to bs
hereafter or the words hereafter e
be- appear in the original order, the
same are hereby modified SO ~ to reaa
ON or before the first day of Septeni
Der, 1888. GREENE, j.
Wells, Fargo x Co, | found Judge
Greene on board the steamer, at tn,
wharf, and made application to him Il
suspend the modifying order, which up
| plication WAS granted, as follows:
And now ON this ith day Of Septem
Der. 1855, the plaintiff herein. by his at
torney, j. X. Lewis. tiiss herein It's mo
tien to reinstate the restraining orde
In this cause as originally made ans
served. and to SGT aside the order herein
made modifying said restraining order
Aud II Is now by me, judge OF sal,
court, ordered that plaintiff is allowed
TO make said motion. and that the sal,
motion b. reinstate such restrainin,
order be heard before 1e at my cham
bers at Seattle on the 9th day of Octo
Der, 1883, at 10 o'clock a. m, or as 500
thereafter as counsel can be heard, an,
that until the hearing Of said motion I
reinssate. the order modifying said re
straing order be and is suspended.
| sProsifod. That il defendant wishe
An earlier hearing before any Distric
Judge Of the Territory. hemav have
on statutory notice ~ plaintiffs attoI
ney.'
Al the same time, on my application
and an affidavit from Colonel Evan
showing the action OF the railroad cou
pany toward the agents aud express a
Helena and Missouia. Judge Greene il
sued an order against Mr.. Buckley, Al
ststant general manager Of the railroa
company. citing him TO appear at Olyn
pia before Judge Hoyt on the 18th @
September. 30 show cause WHY be shout
not DO punished for contempt in disc
beyine the injunction issued on the IL,
OF December last"
"lf Mr.. Buckley should be ~ nj 20 la
for contempt the lawyers would get hir
out ON writ Of haIsas csrgHs," said th
reporter.
\, oh. no. replied the judge. IN
writ can issue where man is sent d
for contempt. When once in Jail. b
must remain I II he conforms ta Oh
mandates Of the court. TIE railroa
company ~ a common carrier, and a
Il Il