The record-union., 1894-04-10
Utah Courts Forbid the Men Re-
naming in the Territory.
MUST BE RETURNED TO THE CARS
AND MOVED ALONG.
Reduction to Be Made to California
Terminal Points in Freight Rates
From Mississippi and Missouri
Common Points-Results of Elec-
tIons In Interior Towns of the
Special to the REcoRD-Us1oS.


Ogden. The hearing for an injunction
against the Southern Pacific Railroad
Company restraining it from unloading
or allowing the Industrial Army to re-
main in Ogden or in the Territory OF
Utah, was had before Chief Justice Mer-
ritt and Associate Justice Miner. 1t ap-
peared from the evidence OF the officers
of the army that it was composed OF
vagrants and tramps and men who
started from San Francisco without either
food or bedding, and with but scant
clothing; that their transportation was
paid from San Francisco 10 Oakland by
the Mayor of San Francisco; that their
fare from Oakland to Sacramento was
paid by contributions from the citizens OF
Oakland, and that their fare from Sacra-
mento to Ogden was paid by the Mayor
of Sacramento, but nothing whatever
was paid by any members OF the army.
1t also tr2nspired that Governor West
served notice upon the officers, agents
and the attorney of the company last Sat
urday noon fOrbidding the men to be
brought into the Territory; that the Gov
ernor was told by the Superintendent of
the company that the train was side
tracked in Nevada, waiting for the mat
the Governor did not know OF the inten-
lion of the company to bring the men to
Ogden until alter 4 o'clock Sunday after
noon, when he was informed that they
would be here at 6:l5. He took steps iul-
mediately to secure an injunction, which
was served upon the Superintendent
twenty minutes before the train arrived,
forb1dding the company bringing the
men into Ogden, or permitting them to
leave the cars.
Tonight, after full hearing of the
case, the court issued permanent in
junction, requiring the railroad TO keep
the men confined in the twenty-seven
cars in which they were transported; to
remove them and not to permit them to
remain in the Territory. 1t is expected
that the company will obey the order
OF the court and Immediately remove
the men from the Territory; otherwise
summary proceeding Will be taken to re-
turn the men to California.
The militia and strong police force
are here on duty, closely guarding the
mon, and are prepared to enforce the or
der OF the court.
This evening Judges Miner and Mer-
ritt signed a mandatory restraining order
on the railroad restraining it from keep
irg allowing the Industrial Army,
brought by the company "uniawfully
into said Territory" and ordering them
all back into the twenty-seven box cars,
or from keeping any portion of the army
III the cars any longer in the Territory
than is absolutely necessary to haul them
away. This means that the Southern Pa
cific Railroad must at once carry the
army back from whence it came. 1t is
impossible to ascertain whether the COM
pany will comply with the order to-
night, in the morning, or at all.
1t is stated that United States Marshal
Brigham will enforce the order COM
pelling the men to return to the box cars
at once. The result Of the injunction has
caused much excitement, as it is known
that there Will be great danger of ouble
in enforcing it, the IndustriaIs having re-
peatedly asserted that they will not go
back.
Developments of an exciting nature
may be look ed for.
Judge Marshall. attorney tor the
Southern Pacific Company. gave notice
OF appeal to the Supreme Court from the
order of the lower court. He asked for a
stay OF execution until the appeal could
be heard. The request was denied by the
Court.
At this hour (1l:30 P. NJ Marshal
Brigham is swearing in sixty Deputy
Marshals. He had no difficulty in get
ting all the men he wanted. Notice is to
be served on superintendent Knapp OF
the Southern Pacific within an hour.
SO far as the Union Pacific is concerned
that company Will not furnish transpor-
lotion for the army. The General Mana
ger of the Wyoming division has been
advised to protect the interests of the
Union Pacific Company, and not allow
the army OF the Commonweal to come
East unless the unemployed are able to
pay their transportation.
The officials at headquarters said: 1.-THE
Union Pacific will not recede from the
position taken unless the army can pay
It's fare on our line. We don't believe in
moving large bodies of men across the
country in the face of opposition locali-
ties having enough unemployed of their
own to take care OF. Many communities
between Ogden and Omaha are already
burdened with hundreds of men in idle
ness, whom they feel in duty bound to
protect. To move this large body from
Ogden to the river would mean additional
hardship on Omaha citizens pending
their further disposition east of the
river"
Superintendent Knapp was interviewed
late tonight by an Associated Eress re-
porter. and stated that he would do
what he could to follow out the spirit of
the order of the court, and that at 8
O'Clock tomorrow morning he Will ad-
wise the Industrials to board the box
cars and peacefully submit TO being car
ried back.
At u o'clock tonight the military on
guard were relieved by sixty Deputy
United States Marshals. The Governor
ordered the Sheriff of Weber County to
relieve the Marshals with an adequate
force at \. NJ.
y HUMANE ACT.
SAN FRANCISCO, ApriI &C. f. Crocker,
First Wee President of the Southern
Pacific Company, was to-day asked what
the company would do if complaint
should be made that the interstate COM
lnerce law had been violated bv taking
600 members of the Industrial Army out
OF California. across Nevada and into
Utah for 5000 when the regular rate would
have called for $4,000.
81, for one, would like to be convicted
if we have transgreSsed the law.v re-
Hponded Mr.. Crocker. II have curios-
ity to know what the courts could do in
such a case. The interstate commerce
law appears to be against such a-proced-
ure, but eould court decide that a COM
pany should refuse TO move such 2
crowd of men in a way convenient to
itself and incidentally remunerative to a
certain degree, when to refuse would be
to invite the forcible incursions of those
men? The company was obliged to do as
ii did. or, if they declined TO do so, the
men would have ridden anyhow. We
have had experience, and we know what
It means when large body OF men like
that takes notion to change their loca-
tion."
1T was the only sensible thing we
could do, said Superintendent Fillmore.
this making Of a charity rate for those