The morning call., 1894-04-10
They Can Neither Go Forward
nor Return.
ORDERED INTO THEIR CARS.
What Will Be Done With the
Army Now No Man Can
Possibly Say.

Ogden. The hearing for an injunction
against the Southern Pacific Railroad
Company restraining it from unloading or
allowing the Industrial Army to remain in
Ogden or in the Territory of Utah was
had before Chief Justice Merritt and Asso-
ciate Justice Miner.
Superintendent Bancroft of the Union
Pacific, Welby of the Rio Grande Western,
Knal p of the Southern Pac fic, Colonel
Baker. commander Of the InduStrials,
Captain Barker. Governor West, Marshal
Pratt and others testified.
1t appeared from the evidence of the Off
GERS of The army that it was composed of
vagrants and trsmps who had no money
or means of support and who started
from San Francisco without either food or
bedding and with but scanty clothing;
that their transportation was paid from
San Francisco to Oakland by the Mayor
of San Francisco; that their fare from
Oakland to Sacramento in cattle-cars was
paid by contr buttons from the citi-
zens of Oakland. and that their
fare from Sacramento to Ogden
was paid by the Governor of California
and the Mayor of Sacramento, but nothing
whatever was paid by any members OF the
army. 1t also transpired that Governor
West served notice upon the officers. agents
and attorney of the company last Satur-
day noon, foIbiddiDg the men to be
brought into the Territory; that the Gov
ernor was told by tie superintendent of
the company that the train was side
tracked in Nevada. waiting for the matter
to be satisfactorily adjusted, and the Gov
n mt I'm of ipra i'm, Of z tbo
com pany to bring the men TO Ogden until
after o'clock Sunday afternoon, when he
was informed that they would be here at
quarter past 6. He Immediately took steps
to secure an injunction, which was served
upon the superintendent twenty minutes
before the train arrived, forbidding the
company bringing the men into Ogden, or
permitting them to leave the cars.
Tonight, after a full hearing of the
case, Judges Miner and Merritt signed a
mandatory restraining order on the South
ern Pacific Railroad restraining it from
keeping or allowing in the city of Ogden
the Industrial Army brought by said rail-
road company "unlawfully into said Terri
tory" and ordering them all back into the
twenty-seven boxcars, or from keeping
any portion of the army in the cars any
longer in the Territory than is absolutely
necessary to haul them away. This means
that the Southern Pacific Railroad must at
once carry the army back whence it came.
1t is stated that United States Marshal
Brigham will enforce the order compelling
the men 10 return to the boxcars at once.
The result Of the injunction has caused
much excitement, as it is known that there
pi1f ha do Of hta in
ing it, the Industrials having repeatedly
asserted that they will not go back. De-
velopments of an exciting nature may be
looked for.
Judge Marshall, attorney for the South
ern Pacific Company. gave notice of an ap-
peal to the Supreme Court from the order
of the lower court, and he asked for stay
of execution until the appeal could be
heard. The request was denied By the
court
AT this hour Q1:30 o'clock Marshal
Brigham is swearing in sixty Deputy
Marshals. He had no difficulty In getting
all the men be wanted. Notice is to be
served on Superintendent Knapp of the
Southern Pacific within an hour.
1t is expected that the company will obey
the order of the court and Immediately re-
move the men from the Territory, other
wlsesummary proceedings will be taken
10 return the men to California. The
militia and strong police force are here
on duty, closely guarding the men and
prepared to enforce the order Of the court
Superintendent Knapp was interviewed
late tonight by an Associated Press re-
porter, ard stated that he would do VIII
he could to follow out the spirit Of the
order of the court, and that at o'clock
tomorrow morning he will advise the In
dustrials to board the boxcars and peace
fully submit to being carried back.
at IL o'clock to- night the militia on
guard we're relieved by sixty deputy United
States Marshals. The Governor ordered
the Sheriff of Weber County to relieve the
Marshals with an adequate force at A. NJ.
SACRAMENTO, April 9.-Ths statement
telegraphed tonight from Ogden that
Governor Markham. acting on behalf of
the State, contributed toward the fund for
having the army Of the unemployed sent
out OF California is pure fabrication.
Neither the Governor nor any other State
official had anything to do with sending
the army along. The money was raised
by the city.