The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-03-13
The Petition Of the Chicago,
Burlington & Quincy
AND ANSWER OF THE WABASH
Filed in Court--Judgc Gresham Inti-
mates that His Decision will BE
Against the "Q."--The Out
come AnxIousIy Waited.

Wabash to the original petition wa,
read.
Robert Lincoln, the attorney for the
Wabash railway, appeared ut 2 O'clock
this afternoon. and filed an answer tc
the petition OF the Chicago, Burlington q
Quincy Railway, rquesting the court to
compel the receiver to comply with the
regulations OF the Interstate commerce
law, etc. .t1
In the answer the respondent admits
that he, in his official capacity, is sub
iect to the orders Of the court, and
'iholds himself out to the public as q
common carrier of persons and property
and subject to all the obligations, duties
and limitations imposed upon such
carriers engaged in the State and inter
State traffic, either by the common law
or the statutes of Illinois, or the acts oi
Congress thereto pertaining" and fur
ther admits the truth OF the allegations
of the petition respecting the usage ana
practice ofinterChanging loaded cars be-
tween the petitioner and thiSrespOndent
in his official capacity as receiver; but
denies that such interchange of loaded
cars has been large at the city OF
Chicago or elsewhere, US stated in the
petition. On the contrary, the respond
ent says that in fact such
interchange OF cars with hthe pc
titioner has been very small
and an unimportant part OF the busi-
ness OF the respondent, such business
having amounted in the month OF Janu-
arv, 1888, being the last month for
which complete returns have been COM
piled, to u value not exceeding $50, be-
ing less than ! Of one per cent OF the
railway business under the management
of the respondent for that month. This
respondent further answering says thrt
the Chicago, Burlington &Qpincy Rail-
road company is not engaged in operat-
ing n system Of railways, which iOrms,
with that operated by your respondent,
a continuous or trunk lines leading from
one or more sections of the country to
others, but on the contrary is operating
a system which enters and occupies
and occupies much OF the territory trib-
utary to the railway operated by re.
spondcnt, and its associated lines, and
which is rival system to that OF re-
spondent and is directly competitive Mt
many points.
The answer admits that their agent
declined to undertake the hauling Of
the Burlington freight cars rendered
them, but denies that such refusal was,
Ms alleged in the Burlington petition,
made under specific instructions origi-
mating with the Wabash, whereby that
company had directed that the agents
and employees should absolutely and un-
conditionally refuse to receive any load
ed cars from or deliver unloaded cars to
the petitioner or disregard its obliga-
tions as connecting carrier. The Wa
bash issued no Instructions concerning
the handling of Burlington freight until
March I, when they issued the following:
1--WE cannot haul Chicago, Burlington
& Quincy cars over the road ut present.
We decline to receive them. Transfer
all freight from theirs 20 the Wabash
cars"
Their reason for this order was, ac-
cording to the answer that the Burling-
ton, since its engineers and tiremen
struck, had succeeded in filling their
places 'iin Il very considerable number
that the road has gradually but slowly
come into renewed partial operation ;
that in so doing said petitioner has ab.
sorbed and taken into its employment
substantially all the competent unem-
ployed locomotive engineers in the Uni
led States except those who by associ'
alton and community Offceling are in
sympathy with the locomotive engine
men who so left the employ OF said pc
titioner."
The answer then goes on TO state that
the relations between the Wabash and
their engineers and iiremen were har.
monious, and that they being solicitous
that their traffic should not be interrup'
ted by reason of any complication grow
ing out OF aiIiliatiOn and friendly feeling
OF the engine men in his employ toward
the engine men who had left the EN-.
ploy OF the petitioner, and for that rea.
son the orders were issued us u temporary
measure.
The answer then says that the orders
not to handle 90" freight were with
drawn on Saturday last and the follow:
ing orders Issued: "All orders 'and
directions heretofore given by me or by
any officer or agent OF this road, which
have been understood as limiting the in
terchange OF cars or traffic with the Chi
.cago, Burlington 4 Quincy Railroad, OF
any OF the roads in that system, are
hereby rcscinded. The business OF re-
ceiying and interchanging cars and traffic
by this road with The Chicago, BaFliHg'
ton 4 Quincy Railroad and all OF the
roads Of that system will go on upon the
same terms and conditions us those upon
which similar business is done by this
road with other connecting railroads."
The above order, the answer says, has
been in full force since its issuance and
will be continued and exected. In con
clusion the Wabash denies having had
any business transactions or communities
tiOns from p. NJ. Arthur, or any one rep
resenting him, and prays that the pcti
ton be dismissed ut petitioner'scOst.
PROGRESS OF TIE STRIKE.
The strike of the Brotherhood o.
Engineers and FirCmcn on the Chicago
Burlington & Quincy road was mort
monotonous than ever here to-day
neither side had word Of information
to impart concerning it, ,Everybod!
seems to be waiting for the result of thu
application, which is being argued bcfor,
Judge Gresham, before making anothc,
move, and 1t is conceded on all side
that the decision, whatever it may he
will have an important bearing on thu
issue of the strike. In the meantime
the grievance committees OF the east
ern roads are arriving in tn
city to-day to confer on the question o
wlint should be the action OF the Broth
erhOod on the roads represented b,
them, in case the officers OF those road
should conlinne to receive and delive
Burlington freight, butitisnot expeote,
they will take any definite action unit
Judge Gresham's decision Is announced
Rumors are current that the switchmel