Kansas City daily journal. [volume] (Kansas City, Mo.) 1892-1897, 1895-01-10
OFFICERS oF THE UNION TERMINAL
COMPANY pUT UNDER ARREST.
CONTEMPT OF COURT ALLEGED.
ORDER ISSUED ny UNITED STATES
JupGf FOSTER. Oi TOrEKA



tween the officers OF the tnion Terminal
Railway Company and those of the Mis-
souri, Pacific and Union Pacific Companies
over the right Of the former road to lay
crossings over the tracks Of the iattcr's
roads at The west end Of the bridge over
rhc kaw river, thrco arrests were made in
this city last evening United states Mar
shal :. +. Nccly. OF Kansas was sent
down from Topeka, with an order from
Judge Foster OF the federal court there.
10 arrest T. l.. Martin, j. H. Pickering and
"A. A, Mosher. officers OF the Union Ter
minal Company, for violating an order OF
court. Marshal Nooly reached the city
about i.3o. and when he reached the point
of controversy he made the arrest OF Mir.
Noshcr and MIR Lindsey the foreman of
the force OF workmen and later came to
This city and arrested tho others An OF
the gentlemen 40 once gave bond as re-
ouired 10y the order of the court for their
appearance at the federal court at Topeka
on the 18th, and were released
The application was made by the Union
Pacific officials who had been informed that
IN" Union Terminal Company intended to
tear M the tracks Of the company and put
down crossing in violation of the restrain
ang order OF the court that Is yet in force.
The information on that subject was err
roneous. Tho tuou Terminal officers did
not touch the tracks of the Union Pacific
company, and do not intend to until they
have ALI legal obstacles removed. There is
still one legal obstacle, and until Judge
Rlner removes that the tracks of the Union
Pacific company at that point are secure
so they state,
As reported In the journal yesterday. the
Union Terminal company attempted to nut
in crossing on the Missouri Pacific tracks
at an carly hour Wednesday morning but
was defeated by the prompt action of the
employees of the Missouri Pacific company
In biockading the tracks The Union Ter
minal company made another effort yes
1crday morning. and. with the aid OF = re-
straining order from Judge Alden of the
Wyandotte county district court. was able
10 put in the crossing and complete the
work in good shape.
The fact that the Union Terminal com
ranN had a large fore" Of mon at the point
led the officials of the Union Pacific COM
pany to believe that their tracks would be
torn mp and A crossing put in even in con
tempt of court. and word was sent to the
Office of the company at Topeka that tho
danger of that being done was very great
Acting on the information the attorneys
at Topeka for the company went at once
before Judge Foster. of the federal court
and after making a statement of the case,
asked for the arrest of the men on the
charge OF contempt in disobeying the orders
of the court.
The information stated that tho officials
and employees Of the Union Terminal COM
pdHS ndr 'OEn up lhe tracks OF the COM
pany and were tearing up more. and had
;nterfered with the transaction of the ordi-
nary business of the company so that 1t
was impossible for the business to be trans
acted at that point and in doing so had dis
obeyed the order of the court.
The Information was against Il. L. Mar
Tin, who was alleged to be president of the
company A. A. MoSher. who was alleged
TO be the treasurer; j. H. Pickering super
intendent, and John Doe and Richard Roe,
FF,NtN ,,ays
roneous in that Mr.. Martin is connected
in no official manner with the company
MIR. Mosher is vice president and Mr.. Pick
ering Is superintendent
Armed with the order for the arrest.
Marshal Neely came to the city on the
evening train of the Union Pacitic The
train stopped at the crossing to let him
off and he found and arrested Mr. Mosher
and MI Lindsey, the man in charge of
construction, Later he came with them
10 this city and met Mr. Pickering at the
Office of 1'rimble Il Braley, attorneys for
the Union Terminal Company and placed
him and Mr. Martin under arrest Bond
IN the sum of 500 was furnished 10 the
satisfaction Of Marshal Ncely who was
ey the court authorized to take the bond
and the gentlemen were allowed to go
hencd without delay. They will appear
at the time required and show the court
the error mad" and will doubtless be
promptly discharged. They did nothing TO
Gauge their arrest and viii bo able to show
the court that the scare of the Union Pa
ciiic company officials was quite prcma-
, turc.
Marshal Nicely was accompanied to the
city ny Attorney Charles Blair. of the
Union aciiic company, who visited the
crossing and inspected it and found no
damage done and no disturbance OF the
tracks, as mad been alleged iu the petition
There rs sun ono restraining order in the
way Of the Union Terminal Company put
ting crossing la ti,
tracks. The case has been argued in Judge
Fosters court before Judge Riner. of
Cheyenne, and the case is still under adj
visement. \ decision is expected daily and
tho Union T'-mina people are hopeful of
favorable decision. In case ii is favor
able to them they viii complete the line 10
Argentine and have trains running regu-
larly within fifteen DAYS. The line is COM
pleted at all points now with the exception
of short space at the crossing and some
iron that is not yet laid on the ping
near il.
The Union Terminal Company has been
defending Injunction suits for two years
filed by the Missouri Pacific company II
won in every case. Yesterday there We're
no legal barriers in the way, but six or
eight heavy engines standing on the track
where the crossing was to be constructed
made it impossible for the new company
to accomplish the desired result The
Union Terminal oVerCame this very easily
however by Ming suit in the district
court enjoining the Missouri Pacific
Railway Company or any Of its servants
from interfering with the plaintin in any
manner whatever in the work of putting
in the crossing, Judge Alden, after review
Ing the petition and the evidence offered
by the plaintiff in the shape OF afidsvits
made this order
''lt Is ordered, adjudged and decreed by
the court that the Missouri Pacific Rail-
way Company, its servants. agents and
employees, and j. e. Heuncsey, his ser
wants, each and all of them. be, and they
are hereby enjoined, forbidden and re-
strained until the further order OF this
court from in any way interfering or at
tempting to interfere with the putting in
of the crossing of the Union Terminal
tracks OF the Missouri Pacific Railway
bridge, and from in any way attempting
10 take up, move or destroy the said
crossing after II Is put in; and from In any
way attempting or interfering with the
use of the said crossing by the Union Ter
minal Company until the further order
of this court"
Judge Alden set the hearing of the tenn
porary injunction on January l2.
As soon as the order was made the sher-
in served the papers on the proper parties
and d large force of men went to work on
the crossing. The Missouri Pacific company
attempted 10 make il inConvenient for the
men employed by the Union Terminal COM
pany to work on the crossing by running
several engines back and forth over the
tracks. Superintendent Lindsey check
mated this by tearing up the tracks west
of the crossing 50 that the engines could