The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-27
The Court VIII he Asked TO Cite the
OmciaIs of the II. a. q. for Al
legged Contempt.
CONTROVERSY WITH WABASH
NATTER WILL BE LAID BEFORE THE
JUDGE AT GOSHEN TODAY.
Attorney stuart, of Lafayette, Files
Petition I'm United states Dis
trict Court.

It is asserted that the Baltimore & Ohio
Railroad Company has grossly violated an
injunction issued by Judge John II. Baker,
and some lively times are expected In the
United States Court. Judge Baker went TO
his former home at Goshen TO spend Christ
mas and is still there. Attorneys, how
ever, will journey to Goshen to-day and
present the matter to the court. The trou-
BILE arises over dipute between the b. d
o. Railway Company and the Wabash Rail-
way Company over a crossing near the
village of St. Joe. De Kalb county. The
Wabash has been trying TO cross the b. *
o. tracks at this point for some time. and
the latter corporation has declined TO allow
the other road TO cross.
1t is claimed that in order to prevent the
Wabash people from building a crossing
the B. & o. people built a short section
of track between two other tracks at the
point where it was desired to cross. and
placed locomotive and several cars on this
short piece of track The cars were then
derailed, and thus any attempt OF the Wa
bash to effect a crossing was effectually
blocked.
Some time ago Judge Baker, Of the United
States Court. issued a temporary Injunction
requiring the B. & o. company TO permit
the Wabash to cross its tracks and giving
the defendant company five days in which
TO remove the obstruction. The five days
expired at midnight last Monday night.
and, according 10 the statement of the at
torneys for the Wabash the B. q o. had
made no effort 10 clear the crossing.
HEIGHTENED THE TRACK.
Tuesday morning the Wabash company
sent a force of men to ST. Joe and they
| proceeded TO lengthen the temporary track
| built by the b. & o. The track was suff-
GENTLY heightened to allow the engine and
| cars placed as an obstruction TO be moved
out Of the way, and the Wabash then be-
| gan to construct its crossing. About this
time the B. & o. people brought force
of men to the crossing prepared to frus-
| trate any attempt Of the Wabash people
to build the crossing. The opposing force
was there for business. for soon as the
Wabash force would put down a tie the
B. & o. employees would take IL up. Thus
they worked for time, putting down and
| taking up. However, the Wabash had
| twice many men at work as the B. & o.,
and. naturally enough. the larger force
would finally be successful in accomplish
| ing its end. After a while the crossing
was complete and the Wabash men pre-
| pared to withdraw. No violence was done
on either side, as the sheriff Of the county
was there a guardian Of the peace.
About this time, however, a new COM
| plication arose. A division roadmaster en-
| ployed by the =. & o. appeared with an
ofticial-looking document II proved 10 be
an injunction issued by a special judge OF
| the De Kalb Circuit Court. Ii was issued
on behalf Of the Baltimore, Ohio a. Chicago
Railroad Company. which IL appears owns
! the roadbed on which the b. a. .. operates.
| This injunction was against the wabash
company. In the meantime the b. * o.
/ men had got an engine across the track
/ laid by the Wabash, and the injunction pre-
| vented the employees OF the company from
/ removing the obstruction again. They re-
tired peaceably enough, determined 10 have
| the matter out In the United states Court
CONTEMPT PROCEEDINGS.
Attorney w. " Stuart. Of Lafayette. a
law partner OF Z. p Hammond. came to
the city yesterday prepared TO file the
proper documents in the United States
Court Messrs Stuart and Hammond are
assisted by A. c. Harris and and Frank
| Cutter. Of this city. At 1880 o'clock last
night Mr.. Stuart filed I'm the United States
/ Court petition setting out the above facts
and asking that the head officers of the
Baltimore & Ohio Railroad Company be
required to come into court and show why
! they should not be cited for contempt. Mr..
! Stuart will proceed TO Goshen this morn
/ ing and lay the matter before Judge Baker.
This trouble between the Wabash and
| the b. q, .. dates back 10 last August when
! the matter was first brought into court
! i'm De Kalb county. The Wabash is build
! ing a short line between Butler and TT.
Wayne and in order to complete this line
/ il Is necessary TO cross the Is. * q. tracks
| in De Kalb county. As explained by an
attorney for the Wabash Company, the II.
& o. people set up vigorous objection
| last summer when the Wabash wanted TO
| cross. II appears that there Is state
statute which requires that before one
railway can cross another, a judge OF the
| court must declare that "A grade crossing
! will be both reasonable and practical. The
Wabash people went into court for the
| purpose OF securing the privilege OF con-
| demning a right Of way over the y. az
| .. tracks.
TALK OF ARBITRATION.
1t is claimed that while the case was be-
fore the court the B. & o. people made
| overtures 10 the Wabash Company, sug-
| costing that the matters be taken out OF
court and that IL be settled by arbitration.
The Wabash people were willing, and II Is
| claimed that an agreement was signed
10 the effect that three civil engineers be
chosen and that they settle the question
| In accordance with the agreement the chief
| engineers Of the Chicago ~ Alton, the chi
cago. Rock Island * Pacific and Santa re
| railroads were chosen. II Is asserted that
these three men after looking over the
| situation declared that II was both rea-
| sonable and practicable for a grade cross
| ing 10 be built IL was further agreed that
| the Wabash Company should pay the Il.
x o. Company $1,000 damages and that
! the Wabash Company should maintain and
/ operate an interlOcking plant at this cross
| ing forever. 1t Il asserted that the $1,000
was paid into court and the judge found
| a Judgment In favor Of the Wabash. Not
| withstanding this fact, IL Is asserted that
the g. * o. people decline 10 allow the