The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-26

would remain in the service of any railway OPP
Grated west of the city of Chicago IL it required
MIN to manage engines which hauled cars to or
from the railway OF the complainant Il mani
tested Iberality rarely exhibited in the history
Of its relations with its neignbors, by insisting
that they, its competitors, receive from le. for
transportation. traffic, much of which was des-
tined to points which could be reached with
reasonable directness by longer hauis over its
own line some OF which was destined to points
on its own system, and some for delivery to
other railways which the time were refusing
TO receive hich came from complslnants
railways; that the traffic which has been inter
changed between the complainants and defend
ANS lines before the commencement OF
the recent disturbances has been quite
small in amount; that the officers of the
defendant as well the officers of the princi-
pal lines operated westwardly from Chicago.
having reason to believe that any attempt to
exchange traffic with the complainant, in the
then existing condition of feeling. would result
in their being unable to operate their railway
or to procure the services of any engineer or
fireman bv whom their engines could be moved
and believing further that the offers made by
the complainant were made for the purpose of
bringing about such result, resolved. to decline
to exchange traffic with it until it should be-
come practicable to do so; that they did SO decline
until satisfied that such exchange of traffic
would not result in stopping the operation of
their railway; that late on Thursday. the 22d
day of the current month, the defendant COM
plesed arrangements which enabled it to resume
its zormer relations with the complainant; that
en- Il rldayt the day following, early in the day.
Issued orders directing that such relations be
TrSume0 on Saturday morning: that the issuance
ofsslch order was made known 20 the managing
officer of one of the railways which constitute
thscomplainants system before the filing of the
con- plainants bill. and before this defendant
was notified that, at o'clock In the afternoon
of8he day following, an application would be
mar 10 the court for order commanding II
to DO that which it had directed should be done
before such application could be heard.
And this defendant, further answering, says
that it admits that it is the duty of common
carrier to receive and transport. when able. Tor
hat
is now and ever as been willing TO perfor N
such duty, but it denies that il is under any OBJ
legation, legal or moral, to attempt that which
II Knows Is impossible, especially when suen
attempt could benefit no one and would result
in Great injury to considerable portion of the
populati on of several States and to it's own
stockholders, and especially does it deny that
1t Is ite duty to make an attempt with 3 knowl-
edge of the results which would follow, when 1t
is demanded by competitor for the purpose OF
paralyzing its railway, deDoralizing the busi-
of several States, and forcing 1t and others
into combination prohibited by the laws OK
the United States.
General Passenger Agent Morton was asked
as te ths truth of the trust" allegation. He
said: at is false The answer is false and ab-
sured on its face, and affidavit to that effect
viii be fled on Monday. The Chicago. Burling-
ton e Quincy did not begin the rate war, and
there was never thought suggestion of
great railroad trust by any OF our people. Its
all nonsense. What is said about having
encouraged and brought on the strike of the
engineers is not only DreposterOus. but untrue;
The answer leads one to suspect that the author
was an admirer of Baron MunchAusen or
CULVER. The long and short of the answer IS
that the Rock Island has finally decided &c
obey the law and exchange business with as,
bat, not liking to back down without doing
something. it.gathers up handful of mud and
filings it at u.s."
The Times prints the following regarding the
answer the Darlington made by the Rock
Island in the snit brought in Judge Gresham's
court, charging that the Burlington conspired to
Z m WAsf0rn railroad
pursuance of that policy held down rates for
tsme time after the other roads were willing and
ssnxious to restore them:
Without any reference to the merits of the
charge that the Burlington was seeking TO es-
tahiish trust there was without doubt,
movement in favor of creating what was to be
known as board of CONTROL which was to have
IA deeida all questions arising between the
railroads in tn vvcst, @s.A1aa rates
control the through and competitive business of
the Western lines. At the first conference. held
about a month ago. this plan was submitted and
rejected by large majority. Justly or not, the
impression allied that it was Burlington
plan, and it was common gossip among the Off
Gals that the three members or the board Oh
control would have been E. p. Ripley, of the
Southwestern. and j. n. Faithorne, of the West
ern and Northwestern freight bureaus. The
officials were fully persuaded that the board
thus constituted would have been managed
in the interests of the Burlington, and from
this belief arose the intense opposition to It At
this same meeting, upon a proposition to restore
rates, the Burlington representative voted in the
negative, it being understood that that company
would not acquiesce until a permanent agree
ment between the competing roads had first
been arrived at. Since then the conference
committee has agreed upon report to be snb-
mitted to the managers, which provides for an
adjusting board take up and settle disputed
questions and this is really a board of arbitra-
ton, it's powers being limited and the right of
appeal arranged for. Subsequently the Bur
ington agreed to restore rates. but for what
reason has not been made apparent"