The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-03-09
STRIKERS ON THE DEFENSIVE.
Burlington Troubles Carried into the
unIted States Court.
The Company Asks for an injunc-
ton Against Chief Arthur,
And that the Wabash Road be Made
to Handle "Q' Freight.

to handle "Q' Freight.
CHICAGO. March 8.-This morning the
| fight between the Chicago, Burlington &
! Quincy 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 United States Court.
At ain early hour big petition was filed in
the United States Court by counsel for the
railroad. 1t sets forth the history Of the
strike, with the grievances of the road, and
winds up by praying for an injunction
against Chief Arthur and the Engineers
Brotherhood, as well as an order on the
Wabash road, compelling it to handle Bur-
lington freight in the discharge OF its duty
as common carrier. The order issued by
| the court covers the ground of the bill. and
shows the specific matters prayed for there
in The Burlington road makes Charles Z.
| Beers act in the capacity of chief complain
ant In the case, although the suit is the
| work of the company. Mr.. Beers is big
lumber merchant, and as he has had his bus
mess tied up since the strike began, he glad
ly threw his lot in with the 20 z ia the hope
of obtaining some relief for himself. The
order is as follows:
Come. now, the Chicago, Burlington & Quincy
| Railroad Company and D. E. Richardson, by
their solicitors, and present their petition to this
| court, praying for an order Of court, requiring
| the receiver of the court appointed herein, and
his agents. officers and employees, TO perform his
duties as public carriers as respects traffic with
such petitioner and also for an order restraining
the association commonly called the Brotherhood
of Locomotive Engineers and its officers and
agents, and especially one P. NJ. Arthur, its chief
nffxfA a1 nl.A ID
from, in any way, giving any orders to the engn-
GERS, in the employ OF the receiver, for them to
refuse to haul and load cars coming to or going
tie usual business interchange with said petition
Ell corporation; and, also, praying for an order to
punish said Arthur for contempt Of court in un-
lawfully interfering with the administration Of
property In custody of the court In this cause.
Mhereupo,n p, the court orders that said petition,
together with the affdavits and papers in support
thereof, be filed, aud said application set for
hearing at 2 O'Clock, March 8, 1888, and, that its
ordered OF notice on such application be forth
with served on the receiver or his solicitor
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 an injunction, if
granted, would have no effect on the strike,
as far as the engineers and fremen were
concerned. "Chief Arthur" said he, "does
not order strikes. He does not order the
ulOH w QuLb WDIA anu llito uO pUWtI W uU 81.
The constitution of the Brotherhood of En-
gineers does not give him any such power.
An Injunction against him, therefore, TO re-
strain him from ordering the men to disobey
the orders OF the road employing them,
would cut no figure whatever"
Chief Arthur could not be seen but the
press committee authorized to speak for him
said: "The Injunction against Arthur
will not be worth the paper it is printed on.
simply because he does not order the men to
0Uif work The iDiuOQfi0n aCainCf tha
Brotherhood is equally worthless, because
1t is not an Incorporated body. If the engi-
neers on the Wabash do not want to handle
Burlington freight no court can compel them
to do it,"
The position that the engineers as a body
will take, in any event, will be a very simple
one. Whether they appear in court tomOr-
row by counsel at all has not yet been deci-
ded, for, as matter of fact, they are, or APP
pear to be, quite Indifferent whether the
court will or not issue the order. They ex-
pressed themselves today in a score of in
stances determined to refuse to handle train
on any road that aids the 60" and no law,
they claim, can compel man to work when
he is not willing. On the other hand the
difficulties of the Wabash line are steadily
increasing. The Burlington appears to be
determined to draw that road into the vortex
along with itself, and it is nearly sure to do
so. If the court tomorrow grants the order
requiring the Wabash, its agents, officers and
employees, to perform its duties as public
carrier, as respects traffic with the Bnrling-
ton, then a general tie-up Of the Wabash
road must follow. The engineers WILL
of course, refuse to handle Burlington cars,
and if Receiver McNulta wants TO save him
self from punishment for contempt of court,
and his road from heavy damages, he will be
obliged to discharge the engineers and hire
ones that will do the work. The moment the
first man is discharged, strike will follow.
This is Chief Artbur's assurance to his men,
positively made yesterday.
Mr.. Writ Dexter, counsel for the Burling-
ton road, claims to be perfectly well aware
of the fact that the Brotherhood engineers
are not Incorporated but, Notwithstanding
this fact, that legal light is confident of be-
ing able to tie their hands by a writ Of in
junction. There is not much doubt now
that the Burlington road means fight and If
the engineers can't be caught as a society,
they may be reached under the conspiracy
law. General Manager Stone said the
Wabash was selected as the first TO be pun
ished because it was in the control OF the
court. The evidence against the Wabash is
very conclusive, for not only has this road
refused to accept Burlington freight here,
but also at various junction points. The
Burlington company has, as yet, taken no
action in regard to other roads which refused
to handle their freight, but Stone says if
proceedings against the Wabash do not have
the desired effect, that similar action will
doubtless be brought to bear ON them.
The Lake Shore road has been receiving
hciBHb 1IOiI anu lO Darlington To-Day WltIl-
out protest from the engineers. The officials
Of that road say they will continue to han
die the freight transferred to them. Most
OF the Eastern roads have signiied their will
lingness to do the same, but, with the ex-
ceptlon of the Union Pacific, all the Western
roads remain firm in their refusal to touch
Burlington car. President Adams,
Of the Union Pacific, has written letter to
be transmitted to the engineers, explaining
the roads liability under the Interstate
commerce "
lington freight,
The engineers of the Burlington, Cedar
Rapids u Northern have struck rather than
haul freight loaded in Q cars.