Daily Kennebec journal., 1888-03-09
IN THE COURTS.
Prayer for an Injunction Against
Chief Arthur.
Complaint Made by Heavy Lumber
Dealer Whose Business is
Injured.
Opinions Expressed Concerning the Bill
and the Liability Of the
Brotherhood.

CHICAGO, March S.
This morning the fight between the c. b.
& O. railroad and the striking engineers and
firemen. was changed from the lines of the
road and the strikers headquarters at the
Grand Pacific to the L. s. court. At an
early hour big petition was filed in the L.
S. court by the counsel for the railroad. 1t
set forth the history of the strike, with the
grievances of the road and wound up by
praying for an injunction against Chief Ar
thur and the striking engineers of the Broth
erhoOd, as well as an order on the Wabash
road, compelling 1t to handle Burlington
freight in the discharge of its duty as a COM
mon carrier.
The order issued by the court covers the
ground of the bill and shows the specific
matters prayed for therein. The Burlington
road makes Charles +. Beers act in the ca
pacity of chief complainant in the case, al
though the suit is the work of the company
Mr.. Beers is big lumber merchant and as
he had his business tied up since the strike
began, he gladly threw his lot in withthe 90"
in hopes of obtaining some relief for him
self.
The order is as follows
The Chicago, Burlington Quincy rail-
road company and ID. f. Richardson, by
tiSh ooisAtois, NohhS anu piSeSut tutI ptll-
ton to court praying for an order of the court
requiring the receiver of the court appointed
herein, and his agents, officers, and employ
es to perform his duties as public carrier as
respects traffic with such petitioners, and al
so for an order restraining the association,
commonly called the brotherhood of Loco
motive Engineers, and its officers and agents,
especially one, p. NJ. Arthur, its chief eI-
ecutive officer, as charged in said petition,
from in any way giving any orders to engi-
neers in the employ of the receiver, to re-
fuse to haul loaded cars, coming to or going
from the railroad in charge of said petitioner
of the corporation, and also praying for an
order to punish the said Arthur for contempt
of court in unlawfully interfering with the
administration of the property in custody of
the court in this cause.
WhereupOn the court orders that said peii-
ton, together with the affidavits and papers
in support thereof, be filed; and that said
application be set for hearing at two
o'clock on March 9, 1888; and it is ordered
that notice of such application shall be forth
with served on the receiver and his sOlici-
tor.
There was considerable surprise among
the strikers and their chiefs when the news
of the latest move of the road was broken to
them. Mr.. Sargent said that an injunction,
if granted, would have no effect on the
strike as far as the engineers and fremen
were concerned. Chief Arthur" he said
docs not order the strike; he does not order
the men to quit work and has no power to do
SO. The constitution of the Brotherhood of
Engineers does not give him any such pow
er. The injunction against him. therefore,
to restrain him from ordering the men to dis
obey the orders of the road employing them,
would cut no figure whatever"
Chief Arthur could not be found, but a
member of the committee, authorized to
speak for him, said injunction against
Arthur wouldn't be worth the paper it was
printed on, simply because he does order
the men to quit work. Aninjunction against
the Brotherhood would be equally worthless,
because it is not an incorporated body. If
the engineers on the Wabash do not want to
handle the Burlington freight, no court can
compel them to do it,
If the court tomorrow grants an order re-
quiring the Wabash agents. officers and en-
ployes to perform its duties, as public car
rier and as respects traffic with the Burling-
ton, then general tie-up of the Wabash road
must follow. Engineers will, of course,
refuse to handle Burlington cars, and if
heteiNeE uCNufId WISHES 10 save nlH1SelI
from punishment for contempt of court and
his road heavy damages, he will be obliged
to discharge the engineers and hire ones that
will do the work. The moment the first dis
charge is made the strike will follow. This
was Chief Arthur's assurance to his men,
which was positively made yesterday.
Mr.. Writ Dexter, counsel for the Burling-
ton road claims to be aware of the fact that
the Brotherhood of Engineers is not in
corporated but notwithstanding this fact that
legal lights are confident of being able to
tie their hands by the writ of injunction.
General Manager Stone said the Wabash
was selected as the first to be punished be-
cause it was in control of the court Evil
dence against the Wabash is very conclusive,
for it has not only refused to accept Borling-
ton freight here, but also at various junction
points.