The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-13
Chief Arthur and President Perkins Said
to Have Held Another Conference.
There Is Possibility tEat an Agreement May
Be Reached. but There is No Positive Evil
dence on Which to Base the Belief.
BEFoRE JUDGE GREsHAm.
No Formal Decision, but the Court Indicates
that No Action VIII Be Taken.

CHICAGO March I2-Judge Greshaus court
/ room was packed TO suffocation this afternoon
when the application of the Chicago, Burlington
| & Quincy railway for order on the receiver
/ of the Wabash railway to compel him to receive
and handle their freight, came up for hearing
/ The bar, the railroads and the general public
were represented, and all paid the closest
attention to the proceedings. When the case
was called, attorney Henry Crawford, on behalf
of the Wabash railway. said that before the
other side opened their case, there was an afida-
| Wit filed by them which had not been read, and
i which his side of the desired To use He
then read the affidavit of General Manager
Stone, of the Burlington road, in which was set
/ out at length copies OF telegram alleged to
have been sent by Chief Engineer Arthur from
Chicago. March 2. to NJ w. Vernon. at Omaha,
of the grievance committee Of the Brotherhood.
reading as follows:
| Do not haul any Chicago. Burlington Sc Quincy
cars or aid them in any way. P. NJ. ARTHuR.
| The affidavit alleged that similar dispatches
| ha1 been sent out by Mr.. Arthur in all direc-
| tions to members of the Brotherhood, and,
| among Others TO engineers in the employ of the
receiver and that it would be abundantly es-
tablished that the said Arthur was tho main ex-
ecutive officer of the Brotherhood, and such
had interfered with the property in the custody
of the court, and the enginee rs in the employ of
the court had obeyed his order, against the laws
| of the State and the laws of the United States
and the order of the court
Attorney Dexter then opened the case for the
Burlington company by reading the petition
and affidavits of the complainant as filed by them
on Friday. He was followed by Robert T. Lin
coin, with the answer of Receiver McNulta, of
the Wabash, in substance as follows:
ha adr rnif hat he in
capacity is subject To the orders of the court
and ''hOlds himself out to the public as COM
mon carrier of persons and properly. and sub
ject to all the obligations. duties and limitations
imposed upon such carriers engaged in State
and interstate traffic. either by the common
law or the statutes of Illinois, or the acts of
Congress thereto pertaining" aud further ad-
mirs the truth of the allegations of the petition
respecting the usage and practice of interchang-
ing loaded cars between the petitioner and this
respondent in his official capacity as roceiver
but denies that such interchange of loaded cars
has been large at the city of Chicago or else
where. stated in this petition; on the contrary,
the respondent says tnat in fact such inter
change of cars with the petitioner has been a
very small and unimportant part of the business
OF the respondent, such business having
amounted, in the month of January, 1888. being
the last month for which complete returns have
been compiled, value not exceeding $500,
being less than one-sixth of one per cent. OF the
railway business under the management of
respondent for that month.
The respondent, further answering, says that
the Chicago Burlington q Quincy Railroad
Company is not engaged in operating railways
nich form, with that operated by your re-
spondent. continuous or trunk line or lines
leading from one or more sections of the
try to others. but on the contrary is operating
system which enters and occupies much Of the
territory tributary to the railway operated by
the respondent and its associated lines, and
which is rival system to that of respondent,
and Is directly competitive at many points. The
answer admits that their agent declined to
dertake the hauling of the Burlington freight
rendered them on March 6. but denies that
such refusal was as alleged IN the Burllngtons
petition, made under specific lnstruc tionS orig
mating with the Wabash, whereby that com
pany had directed that its agents and employees
should absolutely and Internationally refuse TO
receive any loaded cars from or deliver any
loaded cars to the petitioner disregard its OBJ
legations a connecting carrier. The Wabash
issued no instructions concerning the handling
of Burlington freight until March Z, when they
issued the following;
We cannot haul c. B. & @. cars this roa at
present. We must decline to receive them Transfer
all freight from their cars to the Wabash cars.
The reason for this order was according to
the answer, that the Burlington, since its en-
gineers and firemen struck, bad succeeded in
filing their places, Gin a very considerable num-
Der; that the road has gradually but slowly
come into renewed partial operation; that in SO
doing said petitioner has absorbed and taken
into its emDoyment substantially all the COM
ueteut unemployed locomotive engineers in the
United States. except those who by association
and community of feeling. are in sympathy with
the locomotive eng1nemen who SO left the en-
ploy of said petitioner"
The answer then goes to state that the
lations between the Wabash and their engineers
and fremen harmonious. and that they,
being solicitous that their traffic should not be
interrupted 10y of any complication
growing out of afiliation and friendly feeling of
the enginemen in his employ toward the
giusmen who had left the employ of the petit
TONER" and for that the ordsrs were
issued, q temporary measure. The answer
then says that the orders not to handle 80"
freight were withdrawn on Saturday last and
the following order issued:
All orders and directions heretofore given by me
by officer agent of this road, which have been
understood as limiting The Interchange of
traffic with the Chicago Burlington & Quincy. any
OF the roads IN this system hereby rescinded The
business of receiving and interchanging and
traffic by this road with the c., b. o. and all of the
roads of that system, viii 60 upon the
and conditions those upon which similar business
is done by this road with other connecting railroads.
The above order. the answer says, has been in
full force since its issuance, and will be con-
tinued and executed.
The respondent. in conclusion, further says
that he believes that the petition. at the time
when filed by the petitioners, originated not so
much in the desire of the petitioner procure a
resumption of the insignificant and unimpor-
tant traffic which it had given the respondent
before the petitioner had been disabled from
transacting any business whatever by the re-
fusal of its employees to continue in its services
aforesaid, as IN the hope that there would re-
suit from the fling of the petition situation of
affairs in which the respondent might be rem
dered practically incaDable Of transacting any
of the business of the Wabash railway what
ever. that, temporarily, at least, large
amount of such business done by the
spondent would be carried TO the petitioner. and
it receive the profits thereof in part compen-
ssation for the losses sustained by it during the
time in which it was not able to transact It's
own business And now, having fully an
swered said petition, the respondent pravs that
the same may be dismissed at petitioners costs,
After the Wabash answer had been read,
showing tnat Receiver McNulta had. on Satur
day the 10TH revoked his previous instructions
and ordered former business relations with the
90 road resumed. Judge Gresham asked the
representatives of the O. what position that
left them in the suit. ard Writ Dexter replied
that the sQy still desired the order from the
court which was originally asked for. aThey
desired this that they might feel assured that
the Wabash wonld not again refuse TO receive
their freight. as they had already done. They
Still asked, further that the court issue the de-
sired order restraining Chef Arthur and the
Brotherhood from ordering or causing strike