The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-07-02
Had Case Where Pullman Derived No
Rentals, but Depended Entirely on
Pro Rata Receipts from the Cars.
HE LEAVES FOR CHICAGO
United States District Attorney
Gilchrist Urges Him to Come.
Michigan Central Wants an Injunction
Based on nterstate-Commerce Act
Prisoners from Hammond.

The prevailing impression that the stop
ping OF Pullman car traffic does not injure
the Pullman company is, according to
Judge WCods's belief, not exactly correct.
He said last night, just before leaving for
Chicago, that in case which came before
him three or four years ago, in which the
Pullman company sought to recover from
Northwestern road on a sleeping-car con-
tract, the contract was introduced in evil
dence, and that the terms were such that
If the cars did not earn anything the Pull
man company did not receive anything for
their use. This was the only contract that
he had ever seen, and he was therefore
not prepared to say that others were of
this nature.
This" he said, would make it appear
that the strike is hurting the Pullman COM
pany more than it or the railroads will ad-
NIT. The impression is out that the rail-
roads pay a yearly rental for the cars,
regardless of what their earnings may be-
and it is quite natural to suppose that the
railroad companies would do all in their
power to create such an impression in the
minds of the public, so that they could
pose as corporations injured without any
just cause, and in that way break the
strike by creating public opinion against
the strikers"
This statement of Judge Woods seems to
put different face on the matter. The
Judge was very positive that the contract
which came before him was as stated
above
Yesterday Judge Woods received the fol-
lowing telegram from United States Dis
trict Attorney AIilchrist at Chicago:
II attended meeting of solicitors Of
railways here yesterday and the general
| opinion was that you ought to be here to-
morrow morning with Judge Grosscup to
meet the grave and critical emergency that
| is upon US. 1 am clearly satisfied you
| should be here. The joint action of Gross
cup and yourself would be a good deal
more effective than the order of a single
| judge. Matters are dangerous and are LA
| BILE TO eliminate in a general tie up unless
| prompt action is taken"
In answer to the above telegram Judge
| Woods left for Chicago on the midnight
| train.
The cause of the telegram was a bill
| which was filed in the federal court, at
| Chicago, late Saturday night, by the attor-
neys of the Michigan Central road asking
for injunction against it's striking en-
| ployes restraining them from in any way
| interfering with the trains on that road.
| The complaint, after reciting the condition
Il
| the strike closes with the following prayer
| for relief:
| Complainant therefore prays that mas
| much as it is without remedy save in a
| court of equity, the said c. II. Harper and
| the other defendants TO its bill be sum-
| moned to answer the same.
4 Complainant further prayS that on the
| hearing thereof the court will order that
| the said defendants their confederates and
| assistants, and all persons acting through.
4 hx or hal eff In frnr into
| fering with the operations of complainant,
| its officers, agents and employees, in con-
| and, further, that the defendants ana all
| persons acting through or under them or
| to whom knowledge of the injunction
| prayed, If granted, shall come shall be re-
| strained from trespassng upon the lands
| and right of way OF complainant, and from
| in any way obStructing, hindering or pre-
venting the business of complainant. and
| from striking, wounding or maltreatng
| the officers, agents and employees of COM
| plainant while engaged in carrying on its
business OF common carrier. and that
| the defendants be restrained from in any
| switches, tracks, signals and other instru-
mentalities used by complainant in carry
| ing on it's business
And complainant prays that a provi-
| SIGNAL restraining order be issued by the
| court against the said defendants, their
| confederates, and persons acting with or
| through their conniyance, to be and remain
| in full force and effect until the further
order of the court or until the suit is dis
| posed of.
Complainant prays that the court grant
not only the writ of injunction. but also
| the writ of subpoena of said court, direct
ed TO the said Harper and others, COM
| handing them on a certain day TO appear
| before the court, answer this BILL and
| abide by and perform such order and de-
cree in the premises as to the court shall
seem proper and to equity shall pertain
In speaking of the complaint last night
| Judge Woods said that he had not re-
ceived any official information in regard
to it and was not prepared TO discuss its
merits. as all the knowledge ne had OF IL
was a short report OF it in one of the Chi
cago papers of yesterday morning.
II suppose the complaint is based upon
| the same grounds as the one of the MOnon
on which L passed last week. L cannot
state IL advance what my decision in this
case will be, but If the injunction is asked
on the same grounds as were presented in
| conclusions in the matter.
| In the Monon case the temporary injunc-
ton was granted by. him last week. AS
! in the Monon case this injunction is asked
| for under the provisions of the Interstate
| commerce law. which makes it the duty
| of all railroads to receive and transport
| any freight which may be offered it by
| other roads
Judge Woods made special mention of
only one clause in the prayer The COM
| ram asks that the defendants be re-
| strained from interfering with the
traffic cars of the road. He spoke of
| the decision rendered rev months ago
| by Judge Jenkins restraining the employees
Of railroad from striking He said that
| that decision rested upon the construction
placed upon the word interfere by Judge
| jenkins.
1.-The decision of Judge Jenkins has al
ready been passed upon by our court" he
| said "and the opinion has been written
/ am not at liberty to state what 1t is
| but L state that this complaint will
| not compel the court to render a decision
| which would virtually be a decision ir
| tna fhar 0nc har hat an