Bismarck weekly tribune., 1888-03-30
The Rock Islands Answer in the
Burlington Injunction Suit
Making Sensation.
A Gigantic Scheme Unearthed That
Places the co. in a Bad Light,
Before the People.
\ The Burlington Fails to Answer the
Allegation of the Rock Island
Concerning the Trust.
On the Suggestion of the Burlington
the Hearing is Postponed for
q Week or More.


q Week or More.
Freight Rates Advanced.
CHICAGO, March 24.-The Chicago, Rock
Island & Pacific railway filed its answer
i'll Judge Greshams court to-day to the Pc
tition of the Chicago, Burlington & Quincy
railway that the Rock Island company be
compelled to receive and handle Chicago,
Burlington & Quincy freight. In closing,
the answer says: sand this defendant fur
ther answering says that it admits that it
is its duty as common carrier to receive
and transport, when able for all without
discrimination and alleges that it is now
and ever has been willing to perform such
duty, but it denies that it is under any
obligation, legal or moral, to attempt that
which it knows is impossible, especially
when such all attempt could benefit no one
and would result in great injury to con-
siderable portion of the population of sew
eral states and to its own stockholders, and
especially does it deny that it is its duty to
make such all attempt with a knowledge
of the results which would follow when it
is demanded by a competitor for the pur-
pose of paralyzing its railway, demoraliz-
ing the business of several states and fore
ing it and others into a combination pro-
hibited by the laws OF the United States;
that early in January the complainant,
the Chicago, Burlington & Quincy road,
commenced systematic reduction of rates
for transportation into and through the
several states and territories named, which
affected not only its own revenue, but the
revenues Of the several railways referred
to as we'll; that such reduction was con-
tlnued until the average rates charged were
about One-third of the rates charged for
like service before the complainant inau-
gurated the war of rates; that late in the
month OF February and early in the month
OF March it communicated to the man.
aging officers of one or more of the princi-
pal systems mentioned It's purpose to pros
ecute the rate war until the officers of all
OF the railways involved in the disastrous
result of its policy should consent to abdi-
cate the powers placed in their hands by
the stockholders they represented, not to
the stockholders. but to what is generally
denominated a trust which should be
managed by three men, who should be
vested with the exclusive and absolute
power to make and alter rates; that the Of
ticers declined to submit to this demand
because they regarded such action as in
consistent with the duties which they
owed to the stockholders OF the several
companies which they represented and as
involving violation of the laws of the
United States and of the several states in
which their several railways were situ-
ated." Only an inkling was given in court
that the answer of the Rock Island was a
sensation of the first magnitude. telling of
an attempt heavily backed and bold
ly carried into execution to form
GIGANTIC RAILWAY TRUST
having for field nearly half the American
republic. Comparatively few people were
present in court. and before either the
Burlington complaint or the extraordinary
reply of the Rock Island could be read
Judge Gresham inquired of the attorneys
on either side how much time they ex-
pccted to require. Vert Dexter for the
Burlington answered grimly that if the
Rock Island was in the same boat with
the Wabash no time at all would be asked
by them. as the matter could be settled III
Jl1fy. Robert Lincoln spoke up for the
Rock Island. He said emphatically that
the Rock Islands reply was not like that
OF the Wabash. Our answer he said,
means fght-a fight with all our
strength" Judge Gresham announced
that lie would set the hearing for Monday
and by consent of all parties either Chi
cago or Milwaukee, in which ever Judge
Gresham would be that day. would be the
place of trial.
MIR. MORTON DENIES IT.
General Passenger Agent Morton was
asked as to the truth of the trust allega-
ton. He said: "It is false. The answer is
false and absurd on its face, An afiavit
to that effect will be filed on Monday. The
Chicago, Burlington & Quincy did not be-
gin the rate war and there was never a
thought or suggestion Of great railroad
trust by any of her people. 1t is all nom
sense"
LOOKS SMOKY.
CHICAGO. March 26.-Contrary to an
nouncements made Saturday on behalf of
the Burlington. no answer was filed by
that company to-day, denying the allega-
tlons OF the Rock Island regarding an at
tempt to force the formation of great
western railway trust. Instead the hearing
OF the Burlington's motion for all injunc-
ton against the Rock Island was postponed
until Judge Gresham's return from Mil
waulzee. This means delay of about a
week. The postponement was suggested
by the Burlington.
DIsCOURAGING FIGURES.
The official statement of the Southwest
ern Railway association for the first and
second weeks of March, made public to-
day. shows that the Chicago, Burlington &
Quincy earned less than $1,000 on through
and competitive business between Chicago
and Kansas City and common points. tits
estimated the gross earnings of the road
H-1I ma RA<1n nNrO