Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1888-03-15
That is Judge Gresham's Opinion on
the Burlington's Application for an
Order to Compel the Receiver of the
Wabash to Handle Their Freight.
The wabash Railroad Grants all and
Promises to Receive Their Freight.
Be Will Probably Issue no Order Pun
ishing Arthur or the Engineers.
NOT SHIELDED BY THE COURT.

The Burlington's Application for an Order on
the Wabash Receiver Argued-The Judge
Will Probably Grant no Order.
CHICAGO, March 12.-Judge Gresham's
court room ana adjacent halls were
crowded this afternoon, when the appli-
cation of the Chicago, Burlington and
Quincy road for an order on the receiver
of the Wabash railway to compel him to
receive and handle their freight, came up
for hearing. When the case was called
Attorney Crawford on behalf of
the Wabash railway, said that be-
fore the other side opened their
case that there was an affidavit
fled by them which had not been read,
and which his side desired to use. He
then read an affidavit of General Manager
Stone of the Burlington road in which
was set out at length copies of telegram
alleged to have been sent by Chief Engi-
neer Arthur, March second to NJ. W. Yer
non, at Omaha, chairman of the griev-
ance committee of the Brotherhood, read
ing: "Do not haul any Burlington cars, or
aid them in any way"
The affidavit alleged that similar dis
patches had been sent out by Arthur in
all directions to the members of the
Brotherhood, and among others to the
engineers in the employ of the receiver,
and that it would be abundantIy estab-
lished that said Arthur was the main ex
ecutive officer of the Brotherhood and
as such, had interfered with property in
the custody of the court and the en-
gineers in the employ of the court had
opeyed his order, against the 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 COM
PANY.
by reading the petition and affidavits of
the complainant as filed by them Friday.
He was followed by Robert I. Lincoln
with the answer of Receiver McNulta of
the Wabash. The answer admits that
orders were issued March not to handle
60" freight, as the company did not like
to disturb the friendly relations existing
between the Wabash and its employees;
but 1t says that these orders were re-
voked Saturday last and the following
substituted:
All orders and directions heretofore
given by the men or by any officer or
agent of this road, which have been I'M
derstood as limiting the interchange of
cars and traffic with the Chicago, BurIing-
ton & Quincy railway or any of the roads
in that system, are rescinded. The bust
ness of receiving and interchanging cars
and traffic by this road with the
Chicago, Burlington & Quincy railway
and of the roads of that system will go
on upon the same terms and conditions
as those on which similar business is
done by this road with other competing
railroads.
The res pondent further said that he
believes the petition at the time when
filed originated not so much in the desire
of the petitioner to procure resumption
of the insignificant and unimportant
traffic which it had given the respondent
before the petitioner had been disabled
from the transaction of any business
whatever by the refusal of its employees
to continue in its service, as in the
hope that there would result from
the fling of the petition a situa-
ton of affairs in which the respondent
might be rendered practically incapable
of transacting any of the business of the
Wabash railway whatever, SO that, tenn
porarily as least, a large amount of such
business now done by the respondent
would be carried to petitioner, aud it re-
ceived the profits thereof in part COM
pensation for losses sustained by it dur
ing the time in which it was not able to
transact It's own business.
WHAT THE BURLINGTON WANTS.
After the answer Of the Wabash had
been finished showing that Receiver
McNulta had on Saturday, the 10th, re-
voked his previous instructions and Or
dered former business relations with the
Burlington resumed, Judge Gresham
asked the representative of that road
what position that left them in,
in the suit, and Mr.. Dexter re-
piled that the Burlington still
desired order from the court which was
originally asked fol. 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 order restraining
Chief Arthur and the Brotherhood from
ordering, or causing a strike on the Wa
bash or any other road in consequence of
the action of these roads in hauling Bur
liDgton freight.
THE JUDGE FoRESHADoWs HIS DECISION.
At the close of the arguments which
ensued, Judge Gresham practically gave
his decision when he said he did not think
Inc burlIHSGOu CodPdAy hou any So9C IL
court. 'The Wabash has granted all you
ask" said he. 1t has promised to re-
ceive your freight, and now you ask the
court to issue an order Furnishing the
brotherhood of Locomotive Engineers
for an alleged crime which they deny,
and against the wishes of the general
manager of the road, who is an officer of
this court
While the Judge thus indicated what
his decision would probably be he an
nounced that he would take the matter
under adyisement. The prevailing opin-
ion in court was that the judge would re,
fuse to issue any order touching the &C
ton of Chief Arthur or the Brotherhood
on the ground that it is beyond his jur1s-
diction and shoEld be properly regulated
by the state laws.