The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-04
suit Aeainst the Roclz Island Receiver.


CHICAGO, April 3.-When the Burlington
railway asked Judgs Gresham for an order to
compel the Rock Island to handle ''Q' freight
the Rock Island answered by charging that tn g
present strike was simply part of the Burling-
ton programme to force the other lines into
joining railway "trust." which the Burlington
was said to desire. Mr.. II. B. Stone. general
manager of the Chicago, Burlington g. Quincy,
makes answer to these charges in affidavit
which was filed this afternoon. The affdavis
denies in detail all the charges OF the Rock
Island, which it proIounces scandalous and
false. 1t says the rate war was initiated by the
Rock Island and other lines against the most
earnest efforts of the Burlington. The trust
story is pronounced utterly false. Mr.. Stone de-
nounces 'false and reckless" the charges of
the Rock Island that the strike was allowed in
order to coerce the Burlington's competitors into
acquiescence IN the railway trust, and calls at
tention to the 'inexcusable falsity" of the Rock
Islands charge: ''that complainant has been in
bad faith crowding traffic exchange on the de-
fendant with the purpose of disabling it in the
operation of its road The sfidavit on file and the
bills of ladingaccompanying the several block
AIDED shipments, whereby it appears they were
all shipments made by private consignors and
that complainant had nothing to do with the or
igin or the routing thereof In conclusion Mr.
Stone declares that, contrary to the Rock
Islands assertion, made in their answer, it
was in a position to resume it's former relations
with complainant, mo notice has been given
complainant that the engineers and fremen of
defendant had given up control of its traffic de-
partment granted permission to the defend
ant to conduct its business public carrier
according to law, or that the defendants policy
of absolute nou-ntercourse. declared in the
orders and letters of it's agents, was In any re-
spect altered"
The part of the Burlington reply referring to
the charge that the Burlington began a system
attic and damaging reduction of freight rates IN
the West TO coercs competitors into trus
places the responsibility on the Burlington
but on the Rock Island. It is as follows
The recent unnecessary and injurious lowering of
rates begun in 1887, ard initiated by the
Rock Island and other railways against the most
earnest and loug-continued efforts of the Burlington
to prevent the After such hurtful reductions
had been put into actual effect by the Rock Island
and such other railways, the Burlington for long
period declined TO lower its tariffs and abored
diligently with compstiting railways to induce them
basis; failing IN this the Burlington company
lucantly compelled, order diversion of
its business. yield to the policy naugurated by its
competitors and reduce its tariffs.
The charge is utterly false that the complainant
communicated to more of the managers of the
railways in the West its purpose to prosecute
gent to abdcate the placed in their hands by
their stockholders to unlawful trust of the kind
entoned in the Rock Island answer any other
kind. The kind of association of such railways con-
CURED in by any agent of the Burlington a per-
fecty lawful agency substantially plated
a plan reported Feb. 3, 1857, by several of the
cuding the Official representative OF Rock Island
and which plan adopted by unanimous of
ing the votes of both the Bnrllngtoa's and sock
Islands representatives The plan Of such assneia
ton not new and did not originate with the Bur
hrgton.
Regarding the allegation that the strike was
part of the Burlington plan TO force the forma-
tion Of giant trust Mr. Stones affidavit says:
The statement Is absolutely false that the Burling
ton determined 70 use the disahection OF it own