The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-03-14
GRESHAM'S DECISION.
wabash Case Taken Undsr Ldvissmsnt, But
TIE Rsrult Is Plainly I-dlcatsd.
The Presentation of the Points at Issue BY
Counsel-ResPOuse of the wabash
AttOrneys-BOth sides Await
log the Result,

ne application of the Chicago, Burlington
and Quincy Railway, for an order on the
peceiver of the Wabash Railway to compel
him to receive and handle their freight,
bame up for hearing. The bar, railroads
end general public were represented, aud
VI paid the closest attention to the pro-
ceeding. When the cass was called Attor-
ney Henry Crawford, on behalf OF the Va
bash Railway, said that before the other
side opened their case there was an affida-
Wit filed by them which had not been read,
and which his side Of the case 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 tel
egrsm alleged to have been sent by Chief
AEngneer Arthur from Chicago, March 2,
o Al. W. Vernon, of Omaha, OF the Griev-
IAN &c COMMITTEE of the Brotherhood, read
! ing as follows: "Do not haul any Chicago,
Burlington and Quincy cars or aid them in
any wsy. (Signed) p. NJ. Arthur" The
affidavit alleged that similar dispatches
had been sent out by Mr. Arthur IN all di-
rectioDs TO members of the Brotherhood,
and among others to engineers in the em-
ploy OF the receiver, and that II would be
abundantly established that the said Ar
thur was the main executive officer OF the
( Brotherhood and as such had interfered
with the property in the custody of the
court, and tie engineers In the employ of
the court had Obeyed his order against the
Jaws of the State and the laws of the United
uStates and the order of the court.
" Attorney Dexter then opened the case
for the Burlington Company by reading
the petition and sffidavits OF the com-
plainsnt as hled by them on Friday.
THE wABAsH REPLY,
He was followed by Robert T. Lincoln
with the answer OF Receiver McNulta, Of
the Wabash.
In answer be respondent admits that he
In bis official capacity is subject TO the
orders OF the Court, and "holds himself
ont to the public as a common carrier OF
persons and properly, and subject to all
the obligations, duties and Limitations i'm
posed upon such carriers engaged in Stale
and inter. state traffic, either by the COM
-Jnon law or the statutes OF Illinois or the
bets OF Congress thereto pertaining" and
further ADMITS the truth of the allegations
of the petition respecting the usage and
Apractice Of interchaDging loaded cars be-
tween the petitioner and this respondent
in his official capacity as receiver, bat de-
MES that such interchange of loaded cars
has been large at the city of Chicago or
elsewhere as stated in this petition on the
Contrary the respondent says that in fact
ch interchange OF cars with the petition
II has been very small and untmp0rtant
part of the business Of the respondent,
such busi1ess having amounted in the
month OF January, 1888, being the last
month for which complete returns have
been compiled to value rot exceeding
$500, being less than one-sixih of one per
cent. Of the railway business under the
management OF respondent for that month.
This respondent, further answering, says
that the Chicsgo, Burlington and Quincy
Railroad Company is rot engaged 10 the
operating of railways which form, vi b
that operated by your respondent, q con.
.tinuous or uunk lire or lines leading from
one or more sections OF the countly 70
others, but on the contrary is operating 4
system which enters and occuois much of
Ihe territory tributary to the rail way ope :
ated BY the respondent and it's associated
lines, and which is a rival system to that
of respondent, and is directly competitive
at many points The answer admits that
their agent declined TO undertake the haul
ing OF the Burlington freight cars rendered
them March 6, bat denies that such refusal
was, as alleged In the Burlington petition,
made under specific instructions originat-
ing with the Wabash, whereby that COM
pany had directed that its agents and en-
ployes should absolutely and uncondition-
ly refuse to receive any loaded cars from
deliver any loaded cars to the petitioner,
Or disregard Its obligations as connecting
carrier.
The Wabash issued 10 instructions con.
cerDipg the handling of Burlington freight
until March Z, when they issued the fol-
lowing: I'VE cannot haul c., B. & Q care
over this rosd At present. We must de-
cline 70 receive them. Transfer all freight
from their csTs to the Wabash cars." Tne
reason for this order was, according TO the
ans4e that the Burlington, since its
engineers and hremen struck, had sue.
ceedsd in filling their places, sin q very
considerable number, that the road has
gradually but slowly come into renewed
I partial operation; that in so doing said
petitioner has absorbed and taken into its
Unemployment substantially all the cOmpe-
lent unemployed locomotive enginemen in
the United States, except those who, by
association and community Of feeling, are
- in sympathy with the locomotive engine.
men who so left the employ of said petit
ftioner."
The answer then goes on to state that
the relations between the Wabash and their
engineers and hremen were harmonious,
and that they being solicitous that their
traffic should not be interrupted "by rea.
con of any complication growing ont of
asflsiation and friendly feeling OF the en-
eiDsmen in his employ toward the engine.
neR who had left the employ of the
petitioner" and for that reason the orders
were issued as temporary measure. The
answer then sage that the orders not to
handle "Q' freight were Withdrawn on
iSaturdRy last and the following orders is
syed: ''All orders and directions heretofore
given by me or by any officer or agent of
IL V road. which hare been understood as
: lin utiDg the interchange OF csrs or trafEe
kuii.h the Chicsgo. Burlington & Quincy or
my o. the roads in this ystem are hereby
bsciisced. The business of receiving aud
DterchEngiDg cars and traffic by this road
with I be G. q. & Q. and al Of the roads OF
that y stem will go on upon the came
terms aud conditions as those upon which
similar business is done oy this road with
other connecting railroads"
Toe shove order, the ansEer says, has
been IN fuU force since its issuance, and
will be continued and executed. In COZ
clzsion the Wsbasb denies having had
any business Transactions or comm1uica-
tioDs from P. N Arthur, or any one rep.
Jesen,ing him, snd prsys that the petition
De dismissed at petitioHer's cost. The re-
spondept further says that ne believes
ksset the petif7oD, at the time
len fled by the petitioners, origiuatsd,
beD 70 npch jn the GsJIs Of The psnsiopef