, 1888-03-13
NO DECISION YET.
The Wabash Receiver ReSCinds
His Former Order.
And Will Now Handle AL
Burlington Cars.
Judge Gresham Reserves His
Decision,
But lntimates What His De-
ciSion Will Be.
The Wabash Takes Back

Shi'A'pi NldICi JuJHe brcS-
ham court room and the adjacent halls
oere crowded this afternoon when the
application of the Chicago Burlington &
Quincy road for an order on the receiver
of the Wabash railway to compel him to
receive and handle their freight came up
Tor 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 Mana
ger Stone of the Burlington road in
which was set out at length copies of a
telegram alleged to have been sent BY
Chief Engineer Arthur, March ., to NJ.
w. Vernon at Omaha, chairman of the
grievance committee Of the brotherhood,
reading: DO not haul any Burlington
CARS or aid them in anv way"
The affidavit alleged that similar dis
patches had been sent out by Arthur in
all directions to members of the brother
hood, and among others TO engineers in
the employ of the receiver. and that it
would 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 the engineers in the employ of
the court bad obcYed his order against tie
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 atfidavits of the COM
p~lainant as filed by them Friday. He
was followed by Robert 7. Lincoln with
the answer of Receiver McNulta Of the
Wabash. The answer admits that rr les
were issued March : not to handle %
freight as they did not like to disturb tie
friendly relations existing between the
Wabash and its employees, but says that
these orders were revoked Saturday last
and the following substituted:
"All orders and directions heretofore
given by mc or by any officer or agent of
this road, which have been understood as
limiting the Interchange of cars of traffic
with the Chicago, Burlington L. Quincy
railways, or any of the roads in that sys-
TEN are roscinded. The business Of re-
ceiving and interchanging cars and traffic
bv this road with the Chicago, Burling-
ton 4 Quincy railway, and all of the roads
ofthat system will go ON upon the same
terms and conditions as those with which
similar business is done by this roal with
other connecting railroads.
The answer requests hat the petition
be dismissed at the petitioners cost
Respond nj further said that he be
lICvcs that the petition at the time when
filed originated not so much in the desire
OF the petitioner to procure the rCsump-
ton OF insignificant and %unimportant
traffic which it had given respondent be
fore the petitioner had been disabled IRON
the transaction of any business whatever
| b., th, r,1,,,l II - 49,.
in its service, as in the hope that there
would result from the filing of a petition
a situation of affairs IN which respondent
might be rendered practically incapable of
transactlng any of the business of the
Wabash railway whatever, so that tempo
rarilY at least a large amount of such bus
ness now done by respondent would be
carried to petitioner and it receive the
profits thereof IN part compensation for
losses sustained by it during the time In
which it was not able 10 transact its own
business.
After the answer of the Wabash had
been finished, showing that Receiver Nc
Nulta had on Saturday, the 10th, re-
vOkCd his previous instruction and ordered
the former business relations with the
Burlington road resumed, Judge Gresham
asked the representatives of that road
what position that left them in in the
suit, aud Mr.. Dexter replied that the
Burlington still desired an order from the
court which was originally asked for.
They desired this that they might feel
assured that the Wabash would not again
refuse to receive their freight. They
asked further that the court issue the or
der 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.
AT the close of the arguments which
ensucd Judge Gresham practically gave
his decision when he said he did not
thiak the Burlington company had any
case in court. The Wabash has granted
all you ask, said he. 1T has promised
to receive your freight and now you ask
the company to issue an order Furnishing
the brotherhood of locomotive engineers
for an alleged crime which they deny and
against the wishes of the General Mana
ger OF a road who is an officer of this
court"
While tie Judge thus indicates what
his decision would probably be, he an
nounced that he would take the matter
under advisenent. The prevailing opin-
ion in court was that Judge Gresham
would refuse to issue any order touching
the action of Chief Arthur or the brother
hood on the ground that it is beyond his
jurisdiction and properly regulated by
state laws.
Railroad Managers Disappointed.
CHICAGO, March l2.-The develop
ments in Judge Gresham court were a
| l,.n,rn,nL1n g,,rtr,,n 80 tLn r,.lun, 800.