The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-09

The BurIioRton Asks that the Wabash Be
Compelled Receive Freight
CHICAGO. March S-This morning the fight
between the Chicago, Burlington Quincy
railroad and its striking engineers and 6remeu
was changed from the lines of the road and the
strikers headquarters at the Grand Pacific to
the United States Court At an early hour
big petition was fled in the United States Court
by counsel for the railroad. It set forth the
history of the strike. with the grievances OF the
road. aud wound up.by praying an injunc-
ton against Chief Arthur and the engineers
Brotherhood, as well as az order on the Wabash
road compelling it to handle Burlington freight
in discharge of its duty common 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 Chas.
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 mer-
chant, and as he has had his bushes tied up
since the strike began, he gladly threw his lot
in with the 20" in the hope of obtaining some
relief for himself The order is as follows:
Come now the Chicago, Burlington e Quincy Rail-
iors aid present their petition to the praying
for order from the requiring the receiver of
and employees to perform his duties as public car
rier respects traffic with such petitioner and also
for order restraining the organization commonly
called the Brotherhood of Locomotive Engineers and
as ceFs ana agents; ana cbsr0o9 IN said
petition, from in any way giving any orders to the
engineers in the employ OF the receiver for them to
railroad in charge of said receiver in usual business
1nd sao nnr for an order to punish the said
Arthur for contempt of court IN unlawfuy interior
Eng ss the IN this % saua the
gourt orders the said petition, together with the aft
davts and support thereof, to be fled and
the said application is setfor hearing at o'clock p.
NJ. March 8. 1885, and it is ordered that notice of
Jueh appe be forthwith served the receiver
his solicitor.
There was considerable surprise among the
strikers and their chiefs when the news of this
latest move of The road broken to them.
Mr.. Sargent said injunction. if granted,
would have effect on the strike. so far the
engineers and fremen are concerned. "Chief
Arthur" he said, ''does not order strikes. He
does not ordor men to quit work, and has no
power to do So The constitution of the Broth
erhood of EnRineera does not give him any such
power. An injunction against him, therefore.
to restrain him from ordering the men to disobey
che orders OF the railroad employing them would
cut no figure whatever"
Chief Arthur could not be SEEN but the per-
son authorized to speak for him said IAN in
junction against Mr.. Arthur would not be
worth the paper it is printed on. simply because
ne does not order men to work. An injunction
against the Brotherhood is equally worthless.
because it is not an incorporated body. If the
engineers the Wabas,4 not want to handle
Burlington freight, NJ SQUIRT can make them
do it,"
The position that the engineers as body will
take in any event will be q very simple one.
Whether they appear in court tomorrow by
counsel at all, has not been decided, for as a
matter of fact they are, or appear TO be, quite
indifferent to whether the court will or will
not issue the order prayed for. They are de-
termined. and so expressed themselves to-day in
u score of instances, to refuse TO handle . train
any road that aids the Burlington, and no
law, they claim, can compel a man to work
when he rs not willing to do so. On the other
band, the difficulties of the Wabash line are
steadily the increase. The Burlington APP
pears to be determined to draw that road into
sure to do so, II the court to morrow grants
order requiring the Wabash, its agents, officers
and employees TO perform its duties as public
carrier, as respects trafnc with the Burlington.
then a general tie-up OF the Wabash road must
follow. The engineers will of course. refuse to
handle the Burlington cars. and If Receiver
McNulta wants to save himself from punish
lnent for contempt of court and his road from
heavy damages be will be obliged TO discharge
his engineers and hire men thar will do the
work. The moment the first man is discharged
n strike will follow. This is Chief Arthur's as
suranee to his men, positively made. yesterday
MIR. Writ Dexter. counsel for the Burlington
road. claims to be perfectly well aware of the
fact that the Brotherhood of Engineers is,not an
Incorporated society, but notwithstanding this
hands by writ of Injunction There is not
much doubt now that the Burlington road means
fight, and IL the engineers cannot be caught az
society, they may be reached under the conspi-
racy law.
General Manager Stone said the w abash was
selected as the first TO be punished, because il
was in the control of the court The evidence
against the Wabash is very conclusive, for not
only has that road refused TO accept Burlington |
points. The Burlington has yet taken
zion In regard to the other roads which have re-
fused to handle their freight, but Mr.. Stone |
says If the proceedings against the Wabash do |
not have the desired effect similar action will |
doubtless be brought to bear them. The |
Lake Shore road has been receiving freight from
and to the Burlington road to-day without pro-
test from their engineers. The officials of that
road say that they will continue to handle the
freight transferred to them With the excep-
ton or the Union Pacific all of the western roads
remain firm Ia their refusal to touch Burling-
ton car.
The points relied upon 10y the Burlington ara
best shown by synopsis of the documents filed
in court Among the papers afidavit
made by Daniel E Richardson. OF Richardson g.
Co. operators of grain elevator. that when he
asked for Wabash ears TO he switched on to the
transfer tracks at Western avenue. for Shipment
East. of grain brought in by the Chicago. Burllng
ton & Quincy, o. s Winans, local freight agent
OF the Wabash. informed him that it could not
be done, because be had orders from his superior
officers not to switch any more cars TO the Bur-
tington road Winansa reason WAS that the
handling Of any cars in connection with the Bur-
lington would precipiate strike on the Wabash
A telegram to General Manager Stone, of the
Burlington. from Receiver McNulta. of the Wa
bash, was included IN the BurlipgtOn's exhibit
The telegram stated that the Wabash could not
haul c., b. 81 @ cars over the Wabash, and the
freight must be transferred from ear to car.
An affidavit from Anthony Van Fleet. agent OF
the Burlington Hawthorn, ILL.,, purports to
1hcw that there has been Interchange of cars
between the Wabash and the c., B. 81 @. for
several years. sworn statement from W. A
Hodges. assistant general freight agent of the |
Burlington, says Division Superintendent Ste
r~fn "a q 4 Al
carloads OF lumber 10 C.s B. 81 @. ears The
BURLINGTON company alleges further in the pa
pers MED that the committee grievances of
me brotherhood OF Locomotive Eugineers has
- secret nesting. resolved TO boycott all roads
nsaing wiSh the Burlington. and that the Wa
paan - GUIDED in the resolution Receiver
it 10 alleged was tod OF the decision
and gave positive orders all alone the line. after
Tuesday last, that no of the BURLINGTON