Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1888-03-16
INTO 4HH VORTEX.
Legal Proceedings Commenced to
Compel he Wabash to Handle
Freight Off the Burlington.
The Engineers Say the Courts Cannot
Make Them Work II They Do
Rot Want Toe
Indication OF Either Side Yielding
to the Other,
THE LAW INVOKED,

Burlington and Quincy Railroad Company
have petitioned Judge Gresham OF the
United States Circuit court, praying for
an order requiring the receiver Of the
Wabash, st. Louis and Pacific Railway to
perform its duties es public carrier, SIS
respects traffic with the petitioner; and
also for an order restraining the associa-
ton commonly called "The Brotherhood
of Locomotive Engineers" and its officers
and agents, and especially one P. M.
Arthur, its chief executive officer, from in
any way giving any orders to the engin-
GERS in the employ OF the receiver, for
them to refuse to haul loaded cars COM
ing to or going from the railroad ia
charge Of said receiver; and also praying
for an order to punish said Arthur for
! contempt OF court in unlawfully interior
ing with the administration of the pro-
perty in custody of the court in this cause
The hearing Of the case was set for TO-
morrow afternoon.
General Manager Stone Of the Burling-
ton said to an Associated Press reporter
that application had been made first
against the Wabash because the evidence
sgainst that road was very conclusive,
for not only had that company refused to
|
at various junction points of the two
roads. The application against the Wa
bash is not intended to be test case, but
similar motions will be made against ell
roads refusing to handle freight from the
Burlington system.
There was considerable
SURPRISE AMONG THR sTRIKBRs
and their chiefs when the news of this
latest move of the road was broken to
them. Mr.. Sergeant said an Injunction,
II 1t was granted, would have no effect on
the strike so far as the engineers and
fremen are concerned. Chief Arthur, he
said, does not order strikes and does not
order the men to quit work; therefore
an Injunction against him cut no figure
whatever.
Chief Arthur could not be seen, but the
press committee authorized to speak for
him said: Gan Injunction against Mr..
Arthur would not be worth the
paper it's printed on, simply because he
does not order the men to quit work
an Injunction against the Brotherhood is
equally worthless because 1t is not an in
corporated body. II the managers of
the Wabash do not want to handle Bur
lington freight no court can make them
do It,"
The position the engineers SO body
will take in any event, will be very
simple one. Whether they appear in
court tomorrow by counsel has not yet
been decided. As matter Of fact, they
appear to be quite Indifferent as to WhetE-
er the court will or will
not issue the order prayed
for. They are determined and go express
ed themselves t"-day ia score of
instances, to refuse to handle train on
any road that aids the Burlic gton, and no
law, they claim, can compel msn to
work when he is not willing. On the
other hand, the difficulties Of the Wabash
line are steadily on the increase. The
Burlington appears to be determined to
draw that road
INTO THE VORTEX
along with itself, and is nearly sure to do
| so. Ii the court tomorrow grants an
order requiring the Wabash to perform
its duties IS 8 public carrier as respects
traffic with the Burlington, then the gen
ersl tie up of the Wabash Road must
follow. Engineers will OF course fefuse
10 handle Burlington cars, and II Receiver
McNulty wants to save himself from
punishment for contempt Of court and his
road from heavy damages, he will be
obliged to discharge his engineers and
hire ones that will do the work. The
moment the first man is discharged q
strike will follow. This is Chief Arthur's
assurance to his men, positively made
! yesterday. Writ Dexter, counsel for the
Burlington road, claims to be perfectly
well aware of the fact that the Brother
hood Of Engineers is not an Incorporated
society, but, Notwithstanding this fact,
thAtlegsl light Is confident OF being able to
TIE THEIR HANDS
by writ Of Injunction. There is not
much doubt now that the Burlington
Railway means fight, and its engineers
ca OF be caught as 9 society. They may
cached under the conspiracy law.
fal Manager Stone said the Wabash
as selected first to be punished because
it WAS in the control of the court. Evil
dence against the Wabash is very conclu-
sive, for not only has that rod refused
to accept Burlington freight here but also
at various junction points. The Burling-
ton company has as yet taken no sction
in regard to other railways which have
refused to handle their freight, bur Stone
says il proceedings sgains; the Wabash
w wv uhNC Vic hCslLCa CAcCA
similar action will be brought to bear
on them. The Lake Shore Railway has
been Re ceiyiDg freight from OF the Bur
lington to-day without protest from their
engineers. The officials Of thst railway
say they will continue to handle freight
transferred to them. Most Of the east
ern railways have signifed willingness to
do the same, but with the exception of the
Union Pacific all western roads remain
firm in refusal to touch Burlington cars,
HOW THE LAW APPLIES.
WASHINGTON, March s.-Seuator Gull
lom WAS asked this morning for an ex-
preston Of opinion upon the probable
operation OF the interstate commerce law
upon roads which declined to interchange
traffic with the Chicago, Burlington and
Quincy.
"All that deem It proper to say" he
replied, "upder the circumstances, is that
the third section of the interstate COM
merce act contains the following provis-
ion: Every common carrier subject to
the provisions of this act, shall, according
to their respective powers, afford all
reasonable, proper and equal facili-
ties for the interchange OF
trsffic between their respective
lines and for the receiving, forwarding
and delivering of passengers and property
to and from their several lines and those
connecting herewith In view of my
connection with the framing Of the law,
do not wish to be placed in the attitude
Of, seeking to influence decision Of the