Los Angeles daily herald., 1888-03-13
EASTERN EVENTS.
Result of the BurlingtOn's
Legal Appeal.
THE ENGINEERS REJOICING.
Shocking Treatment of COnvicts
Employed in Mines in
Arkansas.
Associated Press Dispatches to the HERALD

KANSAS CRY, Mo-, March 12.-|
Judge Gresham's decision on the
liability of railroads refusing Bur-
lington freight is anxiously awaited
here by both the railroad company
and the men. AS an indication of
the prevailing uneasiness, it may be
said that several roads have been re-
fusing since Saturday afternoon to
accept perishable freight, such as
live stock, packing-house produce,
etc. Among these roads were the
Santa Fe, Union Pacific and Fort
Scott and Gulf. In two days more
this embargo would close down all
the packing-houses in the city and
throw $1,000 men out of employ
ment.
THE PROCEEDINGS OPENED.
CHICAGO, March 12.-Judge Gresh-
ANS courtroom and the adjacent halls
were crowded this afternoon when the
application of the Chicago, Burling-
ton and Quincy road for an order on
the receiver of the Wabash railway to
compel him to receive and handle
their freight came up for hearing.
When the case was called Attorney
Crawford, on behalf of the
Wabash, said that before the
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 af-
fidavit of General Manager Stone, OF
the Burlington road, in which was set
out at length the copies of telegram
alleged to have been sent by Chief En-
gineer Arthur on March End, to NV.
Vernon at Omaha, Chairman of the
Grie ance Committee of the Brother
hood, reading, "Do not haul any Bur-
lington cars or help them in any way"
The affidavit alleged that similar
dispatches had been sent out by Ar
thur in all directions to members of
the Brotherhood, and among others,
to engineers in the employ of the re-
ceiver, and that it would be abund-
antly established that said Arthur
was the main executive officer of the
Brotherhood, and as such had inter-
fered with property in custody of the
court, and the engineers in the en-
ploy of the court had obeyed his
orders against the laws Of the State
and 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 afidavits OF
complainants as filed by them on Fri
day.
ANSWER OF THE WABASH.
He was followed by Robert T. Lin
coin with the answer of Receiver
McNulta of the Wabash.
The answer admits that orders
were issued on March 9TH not to
handle 90" freight, as they did not
like to disturb the friendly relations
between the Wabash and its
employees, but says that the
orders referred to were re-
voked on Saturday of last week.
"All orders and directions heretofore
given by me, or by any officer or
agent of this road, which have been
understood as limiting interchange
OF cars or traffic with the Chicago,
Burlington and Quincy Railway, or
any of the roads in that system, are
hereby rescinded. The business of
receiving and interchanging of cars
and traffic by this road with the Chi
cago, Burlington and Quincy Railroad,
and all of the roads OF that system,
will 60 on upon the same terms and
conditions as those on which similar
business is done by this road with
other connecting railroads."
The respondent further said that he
believed that the petition at the time
| when filed, originated, not so much in
the desire of the petitioner to procure
the resumption OF Insignificant and
unimportant traffic which it had given
the respondent before the Commits
sioner had been disabled from
the transaction of any bust
ness by the refusal of its
employees to continue in its service,
as in the hope that there would result
from the filing of the tetition, situa-
tion of affairs in which the respondent
might be rendered practically in
| capable OF transacting any of the busi-
ness OF the Wabash Railway what
ever, so that temporarily, at least,
large amount of such business now
done by respondent would be carried
to the petitioner, and it receive profits
thereof in part compensation for
losses sustained by it during the time
in which it was not able to transact it's
own business.
A REMARK FROM JUDGE GRESHAM.
After the answer of the Wabash had
been finished showing that Receiver
McNulta had on Saturday the 10th inst.
rescinded his previous instructions
and ordered the former business rela.
tions with the Burlington road resum-
ed, Judge Gresham asked the repre-
sentatives of that road what position
that left them in in the suit.
Mr.. Dexter replied that the Bur-
lington still desired the order from
the Court which was originally asked
for. They desired this, that the
Wabash would not again refuse to
receive their freight. They asked
further that the Court issue the order
restraining Chief Arthur and the
Brotherhood from ordering or causing
strike on the Wabash or any other
road in consequence OF the action of
these roads in. hauling Burlington
freight.
AT THE CLOSE OF THE ARGUMENT
Which ensued Judge Gresham prac
tically gave his decision when he said
that he did not think the Burlinguo
Company had any case in court.
"The Wabash has granted all you
ask, " said he. "It has promised to
receive your freight, and now you ask
the court to issue an order for punish.
ing the Brotherhood of Locomotive
Engineers for an alleged crime which
they deny, and against the general
manager Of the road, who is an officer
of this Court y