The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1878-01-16
Washington Correspondence.

ED. INTELLIGENcER:-W Washington is
rather dull at this time as most of the
members of Congress have gone home
to spend the holidays. Some few of
the committees are at work in small
way, but nothing of importance is be-
ing done in connection with legislation.
In the bill. III. B. 1859 introduced
by Stewart, of Montana, ito extend
the time in which to construct and CON-
plete the Northern Pacific Railroad"
which in the Company's bill, you will
notice, reads that ten years additional
time is hereby granted to the Northern
Pacific Railroad Company MS now or
snized, ETC."
As to how that company is organized
or whether there is any such compan y
in existence as the Northern Pacific
Railroad Company" is a question in
mystery and doubt as yet, aud which
tho promoters of this bill will have to
clear up. l take it, before any extension
Of time will be gran ted on any line.
1t is claimed by the company that. un.
der the decree of foreclosure of the
mortgage of the company, all the prop
erty and the franchise of the company
was sold, and that the purchasers at
such sale. by virtue of the sale, became
possessed of the property aud the fran
chise OF the old COMPANY. and have or
ganized a. new company, which new
company is the present Northern Pacit-
il Railroad Company; and that as such
new company it is free from debt or in
cumbrsnce on its property.
Not having discovered very much
that is honest and fair in the operations
of this Company from its organization
up to the commencement of this fore
closure suit. ! have taken the pains to
look into the matter somewhat with
the view to learn just what has been
done and what has not been done, and
the legal effect Of this foreclosure pro-
ceeding
find that a suit. apparently OF a
very amicable character, was common
ced in the Circuit Court of the United
States for the Second Judicial Circuit,
and Southern District Of New York, en-
titled: Jay Cook, G. Tower, j. F.
Smith, ]. Hosmer. w. s. Lane aud w.
II. Seawsld. against the Northern Pa.
ci6c Railroad Company. The plain
tiffs are the trustees named in the
mortgage.
| May 18th. 1875. decree was made
in this case, which decree directs and
orders that all property Of the Com
pany except the lands and land grants
which are herein specifically provided
for. be sold % an entirety In New York
city" The decree further provides
that the lands and land grants be sold
in parcels of "single sections or subdi.
visions" in the States or Territories
| where situated.
Commissioners were appointed to
make these sales. On the 18th day OF
August. 1878, these Commissioners sold
to johnson Livingston. Frederick Bill
lings James n Morehead, John Kit.
cham. George Stark and James NJ.
Dsnnison, for the sum Of one hundred
thousand dollars. the franchise and
property Of the company rs an entirety,
excepting only lands that have been
conveyed to said company by letters
/ patent Of the United States. or certified
Ia. or for said company by land Offices
| OF the United States in the several Ter
ritories and States where the same are
situated. remaining undisposed of
The Commissioners have reported
their sale at New York; but the sale
has not been confirmed, and no convey
ance has been made by the Commits
saoners TO the purchasers; and further,
no sale or attempted sale has been made
by the Commissioners Of the Glands
and land grant in the States and Terri
tories"
How it can be claimed under this ex-
cuse. that the property and franchise
Of the North Pacific Railroad Company