Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-03-13
THE WABASH ANSWERS.
A Lengthy Reply to the Petition OF tn
Burlington Road.

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A Lengthy Reply to the Petition OF the
Burlington Road.
CHICAGO, March 12.-Interest in the
railroad strike centers to-day in the United
States Circuit Court.
Among the members OF the bar the
opinion is general that Judge Gresham will
decline to interfere in the case on the
ground that no actual attempt on the part
of the Brotherhoods to tie up the Wabash
has yet developed. Should, however, the
decision be the other way, it is believed
that every fireman and engineer on the Wa
bash will quit work within few hours af-
ter such decision has been rendered. This
action will be the result Of mutual agree
ment, and not the outcome of any order
issued by the Grievance Committee, and
consequently the latter body will not be
smenable to the court for contempt.
Meanwhile the the representatives of the
other railroads in the city do not disguise
their anxiety concerning the probable out
come OF the proceedings.
A SENSATIONAL CHARGE.
The first thing to occur in the proceed
ings was a request by Attorney Crawford,
who appeared for the Burlington road,
that he be permitted to read an affidavit
made by Manager Stone, of that line. This
request was granted, and Mr. Crawford
proceeded to read what proved to be q
rather sensational document Mr.. Stone
averred that since the filing Of the original
petition in the case, he had discovered a
telegram sent by z. NJ. Arthur to N. W.
Barnum, at Omaha, the said Barnum being
Chairman of the Grievance Committee of
the Union Pacific. In this telegram, the
affidavit, Mr.. Arthur ordered Mr. Barnum
to keep the Union Pacific engineers from
handling Burlington freight or cars. 1t
was also asserted By Mr.. Stone that
Arthur had issued the same Instructions to
the Wabash engineers. All Of this the
Burlington people say they will be able to
prove If given al opportunity to do so.
THE WABASH ANSWERS.
Robert Lincoln, the attorney for the
Wabash railway, appeared at = O'Clock
this afternoon and filed an answer 10 the
petition of the Chicago, Burlington and
Quincy railway, requesting the court 70
compel its receiver to comply with the
regulations of the Interstate Commerce
law, etc. In the answer the respondent
admits that lie, in his official capacity, is
subject to the orders of the Court and
"holds himself out to the public as COM
mon carrier of persons and property, and
subject to all the obligations, duties and
limitations imposed upon such carriers en-
gagged in State and interstate traffic, either
by the common law or the statutes Of Illi-
nois, or the acts of Congress thereto per,
tanning" and futher admits the truth oi
the allegations Of the petition respecting
the usage and practice Of inter
changing loaded cars between the
petitioner and this respondent in his official
capacity as receiver, but denies that such
interchange Of loaded cara has been large
at the city of Chicago, or elsewhere, as
stated in this petition; on the contrary the
respondent says that in fact such inter,
change of cars with the petitioner has been
a very small and unimportant part of the
business of the respondent, such business
having amounted in the month of January,
1888, being the last month in which com.
plete returns have been compiled, to 0
value not exceeding $500, being less than
of per cent. Of the railway business M
der the management of the respondent foI
that month. The respondent further an
swering says, that the Chicago, Burlington
and Quincy Railroad Company is not en-
gagged in operating a system Of railways
which forms, with that operated by you
respondent
CONTINUOUS OR TRUNK LINE
or lines leading from one or more sections
of the country to others, but on the con
trary is operating a system which enter
and occupies much Of the territory tribu
tary to the railway operated by the re
spondent and its associated lines, ant
which is q rival System to that of the re
spondent, and is directly competitive Il
many points. The answer admits that thei
agent declined to undertake the hauling o
the Burlington freight cars rendered them
but denies that such action was, as al
legged in the Burlingtou's petition, mad
under spec;s constructions originating will
the Wabash, whereby that compsny haC
directed that its agents and employe
should absolutely aud Internationally re
fuse to receive any loaded cars from or de
liver any loaded cars to the petitioner, O
disregard its obligations as a connectipI
connecting carrier. The Wabash Issued II
instructions concerning thRhandling o
Burlington freight until March Z, whel
they issued the following:
1--WE cannot haul c., B. 90. cars owe
this road at present We decline to receiy
them. Transfer all freight from theirs b
the Wabash cars"
Thar reason for this order was, accord
ing to the answer, that the Burlington
since its engineers and firemsn struck, ha'
succeeded iu filling their places ''in yer,
considerable number; that the road ha
gradually but slowly come into renewe'
paitial operation; that in so doing said pc
titioner hiss absorbed and
TAKEN INTO ITS EMPLOYMENT
substantially all the competent unem
ployed locomotive engineers in the Unite
States, except those who, by association
and community Of feeling are in sympath
with the locomotive engine men who
left the employ Of said petitioner.
tn answer then goes on TO state tina
the relations between the Wabash an
their engineers and 6remen were harac
NOUS, and that being solicitous that thel
traffic should not be interrupted by reaso'
of any complication growing ont OF atiilia
ton and friendly feeling of the Espemel
in his employ toward the enginemeu Th
had Left the employ of the petitioner, an
for that reason the orders were issued ks
temporary measure.
The answer then says that the orikl
not 10 handle 20" freight were withdriE
on Saturday last and the following ord Is
Iissued: ~
"All orders and directions heretoi L
given by me or by any officer or age,s