Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-03-13
Judge Gresham Hears the Burling
Application for an Injunction.

Judge Gresham Hears the Burlington
Application for an Injunction.
CHICAGO March 18th Judge Gresham's
Court-roonl and adjacent halls were
crowded this afternoon when the applica-
ton oil the Chicago, Burlington and
Quincy Railroad for an order on the Receiver
OF the Wabash Railway to compel him to
receive apd handle their freight came up
for hearing. When the case was called
attorney Crawford, on behalf of the
Wabash, said that before the other side
opened their case, there was an affidavit
filed by them which had not been read and
which his side desired to use. He then
read the affidavit of General Manager
Stone, OF the Burlington road, which was
set out at length.
Copies of telegram were offered, al
legged to have been sent by Chief Engineer
Arthur on March I'd to M. w. Vernon, at
Omah Chairman of the Grievance Com
n,ittf a - ks Brotherhood. reading !. Do
not haul any Burlington cars, nor aid them
in any way"
The affidavit alleged that similar dis
patches had been sent out by Arthur in all
directions to the members of the Brother
hood, and many others to the engineers in
the employ of the Receiver, and that it
could be abundantly established that said
Arthur was the main executive officer of
the Brotherhood, and as such had inter-
tered with property in the custody of the
Court, and that engineers in the employ of
the Court had obeyed his orders, against
the laws of the State, 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 complain
ants as filed by them on Friday
He was followed by Robert T. Lincoln
with the answer of Receiver McNulta, of
| the Wabash.
THE ANSWER.
The answer admits that orders were is
| sued on March 9TH not to handle the
| freight, as they did not like to disturb the
| friendly relations existing between the
Wabash and the employees, but says that
these orders were revoked on Saturday last
| and the substituted general orders and di-
! rections heretofore given by me- or by any
officers or agent of this road, which have
been understood as limiting the inter
change OF cars or traffic with the Chicago,
Burlington and Quincy Railway, or any of
the roads in that system, are rescinded.
The business of receiving and interchang-
| ing cars and traffic by this road with the
Chicago, Burlington and Quincy Railroad
and all OF the roads of that system will go
on upon the same terms and conditions as
those which similar business is done by
this road with o'her connecting railroads" :"
The answer requests that the petition be
| dismissed at the petitioners cost
Respondent further said that he believed
| the petition at the time when filed origin
| ated not SO much in desire of the peti-
toner to procure the resumption of the
| insignificant and unimportant traffic which
| it had given the respondent before the peti-
| toner had been disabled from transacting
| any business whatever by the refusal of its
employees to continue in its service, as in
the hope that there would result from the
| filing OF the petition situation of affairs in
which the respondent might be rendered
practically incapable of transacting any OF
| the business of the Wabash Railway what
ever so that temporarily at least, large
| amount of such business as is now done by
the respondent would be carried to the petit
toner, and 1t receive the profit thereof in
part compensation for the losses sustained
by it during the time in which it was not
able to transact its own business.
| After the answer of the Wabash had
been finished, showing that Receiver Nc
Nulta had on Saturday, the 10th, revoked
his previous Instructions, and ordered the
| former business relations with the Burling-
ton road resumed, Judge Gresham asked
the representatives of that road what posi-
ton that left them in in the suit, and Mr.
| Dexter replied that the Burlington still de-
sired the order from the Court which was
originally asked for. They desired this
that they might feel assured the Wabash
would not again refuse to receiye their
freight
| They asked, further, that the Court issue
an order restraining Chief Arthur and the
brotherhood from ordering or causing a
strike on the Wabash or any other road, in
consequence of the action of these roads in
hauling Burlington freight.
| GREsHAM's DECISION
| AT the close of the arguments which
ensued Judge Gresham practically gave his
decision when he said he did not think the
Burlington Company had any case in the
Court =" The Wabash has granted all you
ask" said he. 1t has promised to receive
your freight, and now you ask the Court to
issue an order furnishing the Brotherhood
of Locomotive Engineers for an alleged
crime which they deny, and against the
wishes of the General Manager of the road,
vino is an officer of this Court"
While the Judge thus indicated what his
| decision would probably be, he announced
| that he would take the matter under ad-
visement. The prevailing opinion in
Court was that the Judge would refuse to
| issue any order touching the action of Chief
Arthur, or the Brotherhood, on the ground
that it is beyond his jurisdiction and
properly regulated by the State laws.
WRFCKFn TRATNS