Huntsville gazette., 1888-03-17
THE 20" STRIKE.
The Case of the Chicago, Burlington q
quincy Against the Wabash Decided by
Judge Gresham i'm favor of the Wabash,
Which is Point in Favor of the Strikers

Quincy Against the Wabash Decided by
Judge Gresham in favor of the Wabash
which is "A Point in Favor of the Strikers
CHICAGO, March 13.-There was an i'm
mense crowd in Judge Gresham's court
yesterday afternoon when the case of
the Burlington against the Wabash was
resumed. Before the reply of the latter
road was presented, the general manager
filed an affidavit incorporating dispatch
sessby Chief Arthur to NJ. B. Burnham,
member of the grievance committee at
/ Omaha, in5tructing him to see to it that
no cars of the "Q'' were hauled.
Other affidavits bearing upon the al
legged refusal Of the Wabash to carry the
Burlington's freight were fl ed, and then
the reply Of Receiver McNuta was
placed before the court. 1t was
a lengthy document. He alluded to the
circumstances under which the strike was
inaugurated on February p, and went on
to say that since then, gradually but slow
ly. the road had gone into partial opera
tion, and in so doing had substantially
employed all the competent locomotive
engineers out of employment, who were
not members of the Brotherhood; that the
wabash had no quarrel with its engi-
neers, and being solictous to keep up
uninterrupted communications on his
road, had temporarily on the 7th instant
issued instruct ons for non-intercourse
with the petitioner. The in ;tructiOns he
sent TO Hannibal were that so" freight t
could be handled except it was placed on
wabash cars and taken the same as local
freight, but TO Burlington cars would be
handled. Similar instructions were sent
to Wabash agents at Quincy, Hannibal
| and Chaplin. Deeming these orders no
longer neces ssary, the respondent had re-
scinded them on the 10th inst, when he
promulgated the following: "All orders
and directions heretofore given by me, or
by any officer or agent Of this road, which
have been understood as limiting the in
terchange of cars or traffic with the Chi.
| cago, Burlington & Quincy railroad. or
any of the roads in that system, are here
by rescinded."
The receiver further insisted that he
had no business transactions, commune
cations or conversation with any one
upon the cond ret of the Wabash road,
| except W tn officers and employees, and
| that he had not been acting under the
moral dureSs of p. NJ. Arthur or any one
else acting under his direction. Further
more, he did not believe that the petit
| tioner commenced this proceeding with
| any serious idea of resum-
| ing traffic with the respondent,
because that was insignificant
and -nmportant, but that il a strike oc-
| Cured on the Wabash by reason of its
| taking Burlington freight the latter road
would have the advantage, as it had Q
number Of engineers to run its engines,
while the Wabash would be practically
unable to do any business. In view OF
the fact that the Wabash was a compet-
ing line with the Burlington for business,
it was to its inte rest to cripple the road
under control of the court, it that was
possible, and thus make up in part for the
losses occasioned to it by the present
strike, by getting a large share of the
Wabash business.
When the answer had been read there
was a hutter of excit ement about the
courtroom, because it was apparent that
the reply was rather unexpected in the
shape it had ccme, and it quite took the
wind out of the sails of the other side.
After much argument in which
Judge Gresham AMI Messrs. Lincoln,
Dexter and Crawford took part
Jud ye Gresham dec ared that he could
punish no one unless he had interfered
with the receiver. Ho would, ne said,
upon the race of The arguments, be COM
PEELED to dismiss the proceedings; but
before filing a formal decision he would
look up the law and decisions treating of
the subject.
The Brotherhood men in attendance
were greatly elated over the Judges re-
marks, while the counsel and officials of
the Burlington appeared to be correspond
inpIv deDressed