Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-06-10
TIE UNIFIED STATES COURT.
Issues an Order of Injunction Against
Those Interfering With the Is. 81 o.

Issues an Order of Injunction Against
Those Interfering With the s. & o.
Yesterday the Baltimore aud Ohio
Railroad Company, through ex-Gover-
nor Fleming, Hon. John A. Hutch
inson, and Henry NJ. Russell, its
counsel, made application to Judge
Nathan Golf, Of the United States Cir
cult Court, for an injunction against
those who have been interfering with
the property of the company and the
transpor satiOn of coal. After due con-
sideration of the bill, Judge Gof issued
the following order:
an the Circuit Court of tn United States, for
To. District Of HesE Vroin's.
baltimore and Ohio Railroad Company, VS..
JOhu Smith and OtherS.-ln Equity
"This day before the said court, at its
session in Wheeling, in the said State,
came the Baltimore e Ohio Railroad Com
pauy by its solicitors, and presented to the
court It's bill, duly verified, praying for an
Injunction as therein set forth. And itap-
pearing TO the court that the defendants,
John Smith, William Jones and others,
whose names are unknown, have combined
and confederated together TO prevent and
are now preventing the plaintiff, the Bal
timore & Ohio Railroad Company, and its
agents and servants, from transporting
along its line in the said State OF west
Virginia, cars loaded with coal, received
by the plaintiff as a common carrier with
in the State of West Virginia, consigned
and for transportation to points OF destl-
nation outside Of the State Of West Vir-
in states
appearing particularly that the said
defendants and their SAID confederates
are preventing the transportation OF about
seventy car loads of coal at Boggs' Run,
in Marshall county in the said State, and
it further appearing that the said defend
ants and their confederates are threaten
ing to continue TO obstruct the moving and
TRANSPORTATION of car loads Of coal, re-
ceived by said plaintiff in West Virginia
for points without the said last mentioned
State aforesaid, and it appearing 10 the
Court that pending the maturing OF the
cause for final hearing, temporary re-
straining order and Injunction is necessary
TO prevent irreparable damage to the said
plaintiff, it is now by the court ordered
that the said defendants, John Smith,
William Jones and others combined and
confederated with them, whose names are
unknown, and nat all other persons, the
agents or assistants of the said defendants
be enioined and restrained until the furth-
er order of this Court, from in
terfering in any manner with tle
plaintiff, the Baltimore and Ohio
Railroad company, or its agents or servants
in the transportation and moving from
point to point along its road, within the
District of West Virginia, of any and all
cars loaded with coal which may have been
or may hereafter be received by the Balti-
more and Ohio Railroad Company within
the State of West Virginia, for tranSpor-
tation beyond the limits Of the last named
State, and particularly that they be en-
Joined and restrained until the further
order of this court from interfering with
the said Baltimore and Ohio Railroad
Company, the plaintiff in the removal and
transportation Of certain cars loaded with
coal now at or near Boggs' Run, in the
the County of Marshall, in the State of
West Virginia
And it appearing to the Court that per-
sons with whom the defendants are al
legged to be confederated, have in the State
of Ohio, ignored and disobeyed the similar
Injunction of the Circuit Court Of the
United States for the Eastern District OF
Ohio, and it further appearing that should
similar disobedieuce take place, great
damage might occur before Such dlso0edl-
ence could be reported to the Court and
proper orders taken with regard thereto,
il is now ordered that the Marshal shall
serve copies of this order upon the said de-
PENDANTS, and that at the same time he
shall pro coed with a sufficient force, and
without the further order of the Court, to
enforce obedience on the part Of the de-
PENDANTS and others, their aiders and abet-
tors, to the terms of this order.
The foregoing is copy Of an order en-
tered in the above entitled cause on the
9th day of June, 1894.
ATTEST: L. b. DELLICKER,
CLERK Of said Court. by his Deputy,
''B. j. CAMPBELL
AS soon as this order was issued it
printed, and Commissioner Campbell
and Deputy Marshal Mcmahon went to
the lower end of the city aud posted
copies Of it all about the Boggs' run
locality. 1t was also publicly read, for
the information of all within hearing.
All persons were assured that the man
date of the Court must be obeyed, and II
not respected, enough force would be
brought here to ensure its being car
ried out.