The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1888-03-16
TAKEN UNDER AMUSEMENT.

Judge Gresham Hears the Answer of tho
Wabash Road to the Buriington's Petit
ton, Listens to the Arguments of Coun-
sci on Both Sides, but Reserves His
Decision.
CHICAGO, March 13-The case of the
Burlington road against the Wabash line
and Chief Arthur of the Brotherhood of
Locomotive Engineers came up before
Judge Gresham in the United States Circuit
court yesterday afternoon. proceedings be-
ing begun promptly at 2 O'Clock It will
be remembered that the proceedings last
week We're in the shape of an application
by the Burlington road for an order on
the receiver of the Wabash line
to handle Burlington cars and freight
and also for an order to summon P. NJ
Arthur to show cause why he should not be
attached for contempt of court in having
ordered the Wabash men not to han
die Burlington cars An affidavit
from, Manager Stone, of the
Burlington road, was read Mr. Stone
averred that since the filing of the original
petition in the case he had discovered
telegram sent by p M Arthur to N. W.
Barnum at Omaha, the said Barnum
being chairman of the grievance COM
mittee of the Union Pacific road.
In this telegram, the affidavit says. Mr.
Arthur ordered Mr.. Barnum to keep the
Union Pacific engineers from handling
Burlington freight or cars. It was also as
serted by Mr. Stone that Arthur had issued
the same instructions to the Wabash en-
gineers All of this the Burlington people
say they will be able to prove if given an
opportunity to do so, and the affidavit con-
cludes with an application for the appoint
ment of a master, who shall have power to
send for kilograms ETC., and to take testi-
mony in the matter.
!, Robert T. Lincoln the attorney for the
Wabash railway. then filed his answer
to the petition of the Chicago, Burlington
& Quincy railway. In the answer the re-
spondent admits that he in his official ca
petty is subject to the orders of
the court, and also that he is
subject to the obligations and duties
imposed upon common carriers by the
In er-State law or other statutes He adj
mits that he has been in the habit Of inter-
changing loaded cars with the petitioner,
hut lot to any great extent; on the con-
trary, lie interchange Of cars has been
very small and unimportant part of the
business transacted The respondent says
that the Chicago, Burlington Quincy rail-
b
of railways which forms with that operated
by your respondent continuous
or trunk line or lines leading
from one or more sections of the country to
hers but on the contrary is operating
system which enters and occupies much of
the Territory tributary to the railway oper-
ated by respondent and its associated lines,
and which is a rival system to that of re-
spondent. and is directly competitive at
many points
The answer then goes on to state that
the rela ions between the Wabash and
their engineers and fremen were
harmonious, and that they being
solicitous that their traffic should
not be interrupted by reason of any
complication growing out of utilization
and friendly feeling of the eng1nemen in
his employ toward the eng.nemen who had
left the employ of the petitioner and for
that re son the ord rs were issued as
temporary measure The answer then says
that the orders not to handle 20" freight
were withdrawn on Saturday last and the
following was issued:
THE business of receiving and interchang-
Ing cars aud traffic by this road with the Chi
eago, Burlington & Quincy railroad and all OF
the roads of that system will go on upon the
same terms and conditions as those upon
which similar business is done by this road
With other Connecting railroads.
Tae above order, the answer says, has
been in full force since it's issuance and
will be continued and executed In con-
clusion the Wabash denies having had any
business transactions or communications
from P. M. Arthur, or any one representing
him, and prays that the petition be dis
missed at petitioners cost
Mr. Writ DEXTER DIpSantad tho oocn for
the Burlington, and argued the require
ments of the law of common carriers,
called attention to the duties it i'm
posed, and the evils resultant from
a performance of those duties.
He then took up the question of
conspiracy among the engineers and fire.
men to force the Wabash to fail in its duty
as common carrier, and called at
tention to the fact that the court was oper-
atng the road, and such interference was
practically contempt of the court
Mr. Lincoln saw nothing left in the case
for action on the part of the court The
receiver, so far as appeared at least, was
faithfully performing all the duties devolv-
ing upon him; the answer left nothing of
which the Burlington could complain; and
he saw nothing for the court to do in tho
matter but dismiss the application.
MIR. Crawford closed for tho Burlington
He hoped the efforts to bellttle the issues
involved would not be successful He
believed they would not in this court
There was still much left in the case
which demanded the attention Of the
court True, General McNu1L la had re-
scinded the Objectionable order and had
issued an order that all fire ght from the
Burlington be received, but there was no
assurance that he could enforce the order,
There was no evidence that he had con-
ferred with his engineers, or that they
would obey the order. Therefore, he
thought a decree should be entered in ex-
press terms, ordering the perfor nance of this
duty by the officers CT the court who are
engaged in operating it, so that an attach.
ment for contempt would lie, if it was not
obeyed, and every engineer or fireman, he
contended, was an officer of the court for
the operation of the railroad temporarily
operated by it
Mr.. Crawford was asked by Judge
Gresham if he thought the receivers state
ment that he would receive the Burling-
toms cars and forward them was uncandid
Mr.. Crawford-No, your honor; I mean
that he will he prevented by this organize
tion of engineers
The Court-Well, you couldn't punish
them in this proceeding. The only ground
upon which you can proceed against them
would he for interior .ng in an unlawful
way with the receiver in the discharge of
his duties as an officer of this court They
could not be punished for misdemeanor
anyway. This organization is mere as
ISOLATION Take tAe receivers answer as it
is, ana he says he hasn't been interferred
with in any way by Mr.. Arthur. will look
the case over.
The court then adjourned
Two Trains on the "L" Road in New
York Come Together - An Engineer
X lied.
NEW YORK, March 13-At .7:10 O'clock
yesterday morning two trains on the Third
Avenue E evated road collided at