Omaha daily bee., 1906-11-11
UNION PACIFIC MEN GUILTY
General Manager Eohlsr and Others Fined
for Contempt Of Court
ONE HUNDRED DOLLARS LEVIED JOINTLY
Case Grows ont of suit % stiolrAsy
Line Against Harriu,an Road
OriEinatinE from the
Injunction.

Judge Munger handed down a memoranda
opinion in the United States circuit court
Saturday morning finding General Manager
A. L. Mohler Of the Union Pacific Railroad
company; J. M. Henry, ysrdmaster OF the
Union Pacific at Omaha, and Charles
Bwagtk. a switch tender Of the Union Pa
cihc, guilty Of contempt OF the order Of his
court and fined them $780, TO be imposed
upon the defendants Jointly.
The case grows out Of the suit Of the
Mason City g. Fort Dodge Railroad com
pany against the Union Pacific Railroad
company. wherein the Union Pacific people
are charged with contempt in violating an
order Of injunction heretofore granted in
the case, In that the Union Pacific com
pany and it's agents and employees refused
90 permit the Mason City & Fort Dodge
Railroad company. the Chicago Great west
srn and its lessees to pass with its trains or
engine and car from the track Of the Union
Pacific at South Omaha onte the track Of
the Rock Island, which connects with the
Union Pacific at South Omaha.
SPECIFIC Act Not Denied.
The Union Pacific company does not deny
the specific act complained Of. namely. Of
preventing the Great Western frSm rune
ming its engine and cars on from the track
Of the Union Pacific and onto the track OF
the Rock Island at South Omaha, but the
Union Pacific company contends that the
order of court heretofore entered ola net
require the Union Pacific company to per
NIT the Great Western to run its train and
cars or the road Of the Union Pacific and
onto the Rock Island or any other read.
The contention Of the Union Pacific is that
the order of the court only required Il to
grant a physical connection between the
track Of the Union Pacific and the track Of
the Rock Island.
The court does not, However, assent TO
this proposition and cites the Union Pa
cihc bridge act in peint and the decision
of the United States supreme court on
that proposition The court therefore fnds
that the Union Pacific Ia guilty Of con-
tempt in violating the injunction, but as it
appears TO the court the Union Pacific
was acting in COED faith and that it's pur-
pose is to get a judicial construction Of
the former decree, the judgment will be
merely nominal, by the imposition of a
fine Of 500 against the defendants jointly,
and that final judgment will be entered
November 13
Modification of Decree.
A petition for the modification of the
former decree has been already filed by
the Union Pacific to this complaint and a
special appearance was entered by the
Great Western to set aside the service Of
subpoena. For this reason the motion of
the Great Western is overruled. The court
says further that the decree cannot be so
modified to the extent asked by the Union
Pacific, as being beyond the province of
this court, the decree having already been
affirmed by the supreme court. The opin-
ion states further that a supplemental de-
cree may be prepared, providing that It is
not the intent and purpose of the decree
TO prevent the Great Western to use the
side or spur tracks OF the Union Pacific
which connect with private industries, or
the track extending northward from the
main line of the UniOn Pacific to the old
ferry crossing. as no harm can come from
such supplementary decree so constituting
the original decree Counsel is given until
November 10 to submit this supplementary
decree