Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-04-12
ST. PAUL & PACIFIC.

Fail Tea1t 1t tho Decree Adjusting sU Dr.
ferences-The Road to be S0ld-Who May
Helene tho Purchaser-The Debcnt,sres.
Yesterday the decree in the matter of the
bentures, mortgages, etc., of the st. Paul q
Pacific railroad company was made a
record of the court. At 10 o'clock Mr..
George Il. Otis, followed by Messrs. Galusha,
Bigelow, Hill and few others, came into
Judge Nelson's room. The objections of
the day before, taken by the court,
had been re 1emedied and together, Judge Nelson
and Mr.. Otis compared the new engrossed de-
cree with the original, offered in court the day
before. All being found correct. the Judge ap-
pended his signature, and thus ended all con-
troversy of the different claimants and parties
interested in Minnesotas most important rail-
road. The decree was committed to Mr.. 81. r.
Mann. clerk, for custody, and was in form and
words as follows:
United States Circuit Court, District of Minne-
sota-1n Equity.
Jacob s. WetmOre, Thomas w. Pearsall and
Thomas Denny, as trustees, ETC., The
Saint Paul and Pacific Railroad Company,
The First Division of the Saint Paul and Pa
chic Railroad Company, Horace Thompson,
William &. Moorhead, George L. Becker and
Charles A. +. Morris.
The cause having been duly brought on for a
hearing upon the bill of complaint of said COM
plainants, the several answers of the defend
ant, The Saint Paul and Pacific railroad COM
pany, and the defendant, The First Division of
the Saint Paul and Pacific railroad company.
and the proofs taken, and the same being argued
by counsel, the court being fully advised in the
premises, doth hereby order, adjudge and de-
cree:
First-That on the first day of April, 1871,
the defendants, The Saint Paul and Pacific rail-
road company and the First Division of the
Saint Paul and Pacific railroad company, en-
tered into that certain agreement in writing,
and also into that certain lease in writing, cop
les W. ereof are set forth and annexed to said
bill of complaint and marked exhibits "A'' and
B' thereto respectively.
Second-That pursuant to said agreement in
writing, and said lease executed and deliv-
cred, between said defendant railroad compa-
MES, and on said first day of April. 1871, the
said defendant, The Saint Paul and Pacific rail
road company, duly made, executed and deliv-
cred the mortgage or deed of trust in said bill
| of complaint named, and of which exhibit 'C'
to said bill of complaint is a correct copy; and
| thereupon the defendant, The First Division of
| the Saint Paul and Pacific railroad company,
pursuant to said agreement and lease, did make,
| execute and issue its bonds to the amount of
fifteen millions of dollars, bearing date on said
first day of April, 1871, payable thirty years
thereafter, of the date and denomination and
payable, principal and interest, at the time and
place and in all respects as provided for said
agreement exhibit "a, to said bill of CON-
plant, the interest on said bonds being paya-
BILE semi-annually on the first days of January
and July in each year, in lawful money of the
United States, on presentation and surrender of
the coupons thereto annexed, as they should
severally come due, at the office or agency of said
defendant, The First Division of the Saint
Paul and Pacific railroad company, in
the city of New York, or in
shillings for each dollar, on presen-
tation and surrender of such coupons, re-
| spectively, at the banking house of Robert
Benson Il Co., in london, England, at the
option of the holder; that said SIS, 600, 900 OF
bords are all outstanding and unpaid and in
the hands of bona fde holders thereof fol
value.
Third-That the defendants, Horace Thomp
son, George L. Becker and William G. Moor
head, were all duly removed from their trustee
ship under said mortgage and the mplainants
| were duly appointed their successors to thu
trusts thereundtr, and duly accepted sale
trusts at the time in the manner, and as SCI
forth in said bill of complaint, and thereby be
came and are the trustees in said mortgage o.
deed of trust in the place and stead of tn
said Horace Thompson, George L. Becker anc
William G. Moorhead.
Fourth-That said mortgage or deed of trus
was and is sufficient in form to convey, mort
gage, all and singular, the lines of railroad
land-grants, lands, property and franchises ii
said mortgage, described as follows, viz
All and singular the line of railroad of the sale
corporation The Saint Paul d Pacific RAILROAD
company extending from point at or near tn
town of Saint Cloud, in the county of Stearns
to the town of Saint Vincent, in the county o
KittsOn, and State OF Minnesota; and also al
and singular the line of railroad which said de
PENDANT corporation, The Saint Paul & Pacii
railroad company, was authorized to construc
from Watab. in the county of Benton, by wa,
of Grow Wing, to the town of Brainerd, in tn
county of Grow Wing, to intersect with tn
Northern Pacific railroad at said town, as con
templated by the act of Congress approves
March 8, 1871, in the complaint named, to
| gether with the equipments and appurtenance
of the said railroads respectively, and tn
rights, privileges and corporate or other fran
chises thereunto respectively belonging il
any wise appertaining, or which should Q
might at any time thereafter thereuuto belon
or in any wise appertain; and also all RICH,
title and interest which said defendant, Th
Saint Paul Il Pacific railroad company
then had, or that it or its successors assign
might at any times afterwards acquire
reason of the construction of said railroads, c
Oh 6lGQGE OF any VI clGueC buereOI, OF OtQo
wise, in, to or concerning the lands situat,
lying and being in the State of Minnesot;
7 which are embraced or intended to be en-
braced in the grants aforesaid, or either {
them, made by the Congress of the Unite
,, States to the former Territory and preser
State of Minnesota, by the acts of said Co:
gress, approved March 8, 1857, October l, 1856
, and March 8, 1871, respectively, in the bill {
complaint named, and which then had bee
] granted by said State to said last named raj
9 road company, or should, might or may
: granted or conveyed to it, its su
cessors, assigns, to aid in the constructic
of the said lines of railroad, or
:, either or of any part of either thereof, inclu
: ing in the premises thereby conveyed the roa
beds OF the said railroads. respectively, and a
q tracks, bridges, viaducts, culverts, fences, d
y pots, stations, station-houses, eng ine-house
Q car-houses, freight-houses, wood-house
4 machine shops and other shops, and all 9th
), structures, buildings and materials whatsoeve
;, placed, or to be placed on the said railroads. I
= spectively, on either or any part of eth
u thereof, or acquired or to be acquired for ii
q use of the same, and also all locomotives te
ders, passenger, baggage, freight, cattle, ar
/ other cars and all other rolling stock whatsoeve
n and materials for constructing, operating,
pairing or replacing the said railroads, or eth
or any part of either thereof, or any of Il
equipments or appurtenances of said railroad
j. or of either or any part of either thereof, tn
20 held by the said Saint Paul q Pacific railro
company, or thereafter to be acquired by t
If same, its successors assigns; together WI
all and singular the tenements, hereditamen
: and appurtenances to the sad railroads, Ian
and premises or any part thereof belongiu
- or in anywiae appertaining; and also all t
estate, right. title, interest, property, poss'
10 sion, claim anddemand whatsoever,as we'll in l:
as in equity, of the said ST. Paul & Pacific "a
Is road company, in, to and concerning the san
ID and each and every part and p
is Gel tne!eoi, Will 'ne appui 11 .