, 1888-04-05
Another Denial.

CHICAGO, April 4.-The manager of
the Rock Island road boldly maintained
In court this morning that notwithstand-
ing the denials of the Burlington officials,
the Rock Island charges were true, that
the Burlington had been trying by rate
wars and strikes to force the formation of
the great Western railway trust.
The Rock Island entered a motion that
the whole matter be referred to a mas
ter, before whom testimony could be
taken to establish the truth of the
charges. Voluntary afidavits could not
be obtainable from some of the witnesses.
The Rock Island asserted in its papers
accompanying the motion that the object
OF the reference Of the case to a master
Is to u witness upon the rack of ex-
animation and cross examination. Leave
was asked from the court to get affidayits
from some proposed witnesses who have
suddenly left the jurisdiction of the
court. Among these are Charles Il. Per-
klns, president Of the Chicago, Burling-
ton 4 Quincy railroad, p. NJ. Arthur,
chief the Brotherhood of Locomotive
Engineers, and j. w. Midgley, chair
man OF the Southwestern Railway Asso-
citation.
The Rock Islands rejoinder says that
yesterday affidavit of Henry b. Stone,
general manager of the Burlington, dis
plays a temper and recklessness in the
assertion and denial which renders it en-
inently proper that he be subjected to
cross examination Under circumstances
which will compel him to frame his W
answers instead of having them prepared
Tor lhm by counsel. and in which he will
have an opportunity to explain how he
can deny without qualification even of in
formation or belief the averment that the
Burlington communicated to one or more
managers Of railways its purpose to prose-
cute a rate war until the officers of West.
ern railways should consent to abdicate
the powers placed in their hands by their
stockholders to an unlawful trust, when
such communications were made by other
officers of the Burlington company and
not in the presence of said Henry B.
Stone.
The Rock Island says further that it
can by cross'examination of said Henry
b. Stone and by testimony of other wit
nesses whom it proposes to examine, sus-
tain each and every allegation that the
Rock Island has made and establish the
falseh0od of every contrary allegation
made in the affidavit of said Henry b.
stone.
The rciteration OF the Rock Islands
charges and the motion for its reference
to a master caused a hot interchange of
denunciations between the ATTORNEYS of
the two corporations. Writ Dexter, for
the Burlington, warmly declared that the
Rock Island officials were attempting a
boycott against the Burlington, aud that
a boycott was a criminal and indictable
offence in Illinois.
Judge Gresham interposed at this point
with an adjournment until this afternoon.
When court ~reconvened the arguments
were resumed. At their conclusion Judge
Gresham said that even if the trust al
legations made by the Rock Island were
true it did not relieve that road from its
duty as a common carrier. Again, he
did not think the Rock Island had re-
fused to do its duty and the Burlington
did not need protection from this its
strongest competitor, and as there was no
danger of injury accruing to the "Q'
road, no injunction would be issued Just
now. Further developments, he said,
might alter this order.