New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-15
ENGINEMEN MAY QUIT WORK
JUDGE GREsITAMs OPINION IN CHICAGO.
THEY CANNOT BE MADE TO SERVE TIE WABASs
UNLESS THEY CHoosE-BUT THEY MUST NOT
INTERFERE WITH TnE OPERATING or
THE ROAD-AN EXTRAORDINARY
EPIDEMIC AT COUNCIL
fBY TELEGRAPH TO THE rRrBuSE.1

fBY TELEGRAPH TO THE TRIBUSE1
CHICAGO, March I4.-The decision Of Judge
Gresham In the law suit between the Chicago.
Burlington and Quincy Railroad and the Wabash
line, which was looked forward to with so mnch
interest by the public at large and railroad people
and lawyers In particular, was rendered In the
United States Circuit Court this morning The
courtroom crowded when the Judge took
his seat. Counsel on both sides were summoned
Into Judge Gresham's private room for brief
consultation with the court, and then the Judgs
ascended the bench. His decision was not much
of a disappointment to Writ Dexter for, although
Z. NJ. Arthur managed to escape, 1t was only by q
lucky chance, and not from any difference be-
tween the court and the counsel regarding the
principle under discussion. II was plain TO all
present that had Mr. Stone, the general manager
of the Burlington, secured as good evidence OF
interference of Chief Arthur with the employees
On na the Wabash V line as he had in regard to tho
sorry plight. II was from lack OF sufficient evi'
dence, not from conviction Of the legality Of the
sSss sSe o1sp S1Tsa t the sGTr TO
view OF the case was also borne out by the fact
that the engineers have decided to avoid the
Of the Burlington road has been placed on file for
future action indicates pretty clearly what the
course of the court will be in case OF any future
aggressive action on the part OF persons connected
with the Brotherhood of Engineers AS regards
the receiver OF the Wabash road II is plain that
he saved himself from trouble by striking his
c0lors In time. Judge Gresham. in rendering
his decision, began BY stating the facts Of the
case, and indicating how the whole matter stood
in cour The Ch cago Burlington and Gu ncy road,
he said had, with the leave OF the court, filed q
petition some days ago, charging the receiver Of
the Wabash road with refusing TO interchange
farS G D0nts @ the so6 ptiInss Das Se 1Snnss 1s,Sa
rcctcd that Oh March eight cars loaded
with grain for delivery at points Oh the receivers
line were refused. This action on the part OF
the receivers agent 1t was claimed, was in obe-
dience to Instructions Issued by General McNulta,
the receiver. The petition went on 10
say, that the receiver and ms agents
Interchange Of business the fact that the switch
ing and other engineers in the employ OF the
system that they would absolutely refuse 10 ham
die all ears coming over or going over the Burl-
ingtOn, and would go on strike, If it was trlrd 10
compel hem to 40 80. The petition claimed that
this action of the Wabash employees was due to
a secret and illegal resolve on the part OF the
Brotherhood Of Engineers TO boycott the business
of the Burlington road. This moral durcss, the Pc
ttion claimed was the cause OF the attitude OF TIE
claimed, the cause Of the attitude OF the
Wabash and il asked that peremptoEy order be
issued compelling the Wabash to do It's duty ny the
Burlington a common carrier; and II futher-
more requested that p NJ. Arthur be punished for
contempt OF the court, and the br0th' rhoOd he
restrained from interfering with the property OK
the Wabash road now in the custody OF the court
Judge Gresham then went on to give synopsis
effect that last week he had issued the orders OF
non-intcrcourse complained of, but on saturday
had rcscnded them by issuing another order a.
recting the former business relations with the
Burlington to be resumed. This action OF the
receiver was not due to any conference with 7
NJ Arthur. but was taken simply to avoid trouble
on his road
AcoMMoN CARRIER CANNOT RETrsE TRAFFIC.
The Court then gave his opinion in the case al
follows:
Although the property of the Wabash mpany
is In the custody of the court il is operated by
receiver as a common carrier. His rights and dutie<
are those of a carrier. lie is bound TO afford all
railway companies whose lines connect with hls
equal facilities for the exchange OF traffic. 1t IS
his duty to receive irom and deliver to, connecting
roads both loaded and empty cars. lie cannot dis
criminate ae'nnst one read Dy maintaining lle
pOIcy o1 non III. ~rcoAIsc More need hOU bs SAID
on tAis question. A. receiver, ne has w.seg re, re,
scinucd TIE instructions Whlch usciI"ihaIed
against the petitioner, and he has no purpose OF
ueslrc TO deny petitioner any OF It's eSal rights
Although the petitioner has accom- mp..sned tLe
chief purpl 81 IN invoking the aid of the Circuit
Court, II ls urged by counsel That the persons pe-
longing to the Brotherhood ot Locomotive In.
eincels, and especially l. NJ AithuI, VINO 40 eniet
o.icer vi That rsaniIdtlon have lhteiIereu WIN
the receiver and his subOrdlnates ia the manage.
mcnt Of the Wabash property, ana that they should
be punished Tor their Illegal and cOniuindcious
conduct The receiver and counsel make no such
complaint. On the contrary, tile receiver declares
that there has been no interference with MN.
petition show that Mr.. Arthur sent telcgIaphlc
message to the engineers OF the Union Iacnc
Railway Company at Omaha, directing them 10
haul no cars for the petitioner, II does not larry
a appear from the evidence that the engineers IN
the service of the receiver received such orders y
telegraph or otherwise. For the present, II is
sufficient to say that the court VIII protect the
property of the Wabash in its custody.
The employees of the receiver cannot be Obliged
TO remain In his service against their Wish: Dutt
neither they nor others will be permitted TO inter
fcre with or disturb the receiver or his sub
ordnates in possession and operation OF the prop
erty i'm his custody. Iawless interference with
the receiver and his employees in the discharge OF
their duties will not be tolerated. 1T Is proper 10
state however, in justice to the WABASH engnsss,
that they do not desire to maintain an attitude
in defiance to the law and are now %ll!lh4 TO aio
the receiver in ths lawful and successful ad,'
of his trust Inc receivers answef
renders It unnecessary for the court TO do more
than direct that the petition remain on hle 10.
future action, should there be occasion for II
The Burlington Company filed another bill be-
to compel the Belt Line Railway Company. OF
Chicago to handle the freight Of the Burlington,
and the Judge is also asked to make an 1rler
that will prevent the Belt Line and its officers
from refusing to handle 90 fre hit and esp eally
to restrain its employees from declining to 90 50.
No action was taken on the bill by Judg" Gresham.
II is 10 be called up at m. To morrow on the mo-
tion for an Injunction prayed for but 10 Is thought
probable that the Belt Line will secure a CON
All the switch engines Of the Union Pacific
road dong work at the Council Bluffs yards were
quietly taken into the roundhouse last night ana
thts morning by the engineers in charge. When
asked the reason for quitting work they either
said they were sick or were tired Of work 10
is understood that they gave these reasons on
account OF Judge Dundy's decision. but il was
noticeable how suddenly an engineer became sick
or tired when he @" car coupled behind
his CINE.
GIVING THE BURLINGTON TOO MUCH rRrIGuT.
The policy of the roads, which the Burlington
has forced into handling ." freight, seems TO DO
to turn the tables and gorge the Chicago, Burling-
ton and Quincy with its own meat. The Wisconsin,
Central has taken the first step in the game OF
blockading the =" O." On Saturday lumber train
of twenty-seven cars came by the Wisconsin Cen
trail 10 be shipped by the Burlington. IL wac
taken TO the company and received On Sunday
two more trains of twenty-five each were taken
to the yards but were refused admission and were
taken back to the Wisconsin Centriis yards
The local agent, Mr.. Mcbride, under instructions